(I don't understand why they bought land in Ecuador, but the date is suspiciously close to the date the Iraq war started. Could there be a slimy arrangement?)
2. ECUADOR Reports: Pursuant to the provisions of Article XVIII of the Inter-American Convention Against Corruption, that was signed in Caracas on March 29, 1996, the National Government has appointed our Attorney General, Dr.Milton Alava Ormaza, to serve asthe Central Authority for the Republic of Ecuador, and will be responsible for drafting and receiving the requests for assistance and cooperation contemplated in that inter-American instrument.
(Washington, D.C., August 14, 1997. Note 134/97 MPE/OEA)
Designation of Central Authority:
February 27, 2003Comisión de Control Cívico de la Corrupción pursuant to article 18 of the Convention
__________________________________
(4)
ILLICIT ENRICHMENT.-- The United States of America intends to assist and cooperate with other States Parties pursuant to paragraph 3 of Article IX of the Convention to the extent permitted by its domestic law. The United States recognizes the importance of combating improper financial gains by public officials, and has criminal statutes to deter or punish such conduct. These statutes obligate senior-level officials in the federal government to file truthful financial disclosure statements, subject to criminal penalties. They also permit prosecution of federal public officials who evade taxes on wealth that is acquired illicitly. The offense of illicit enrichment as set forth in Article IX of the Convention, however, places the burden of proof on the defendant, which is inconsistent with the
United States constitution and fundamental principles of the United States legal system. Therefore, the United States uderstands that it is not obligated to establish a new criminal offense of illicit enrichment under Article IX of the Convention.
_________________________________
(this is where <4> illicit enrichment is found)
6.-UNITED STATES OF AMERICA.-
WILLIAM J. CLINTON President of the United States of America
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING:
CONSIDERING THAT:
The Inter-American Convention Against Corruption ("The Convention"), was adopted and opened for signature on March 29, 1996, at the Specialized Conference of the Organization of American States (OAS) at Caracas, Venezuela, and was signed by the United States at Panama on June 27, 1996; and
The Senate of the United States of America by its resolution of July 27, 2000, two-thirds of the Senators present concurring therein, gave its advice and consent to ratification of the Convention, subject to the following understandings:
(1) APPLICATION OF ARTICLE I.--The United States of America understands that the phrase "at any level of its hierarchy" in the first and second subparagraphs of Article I of the Convention refers, in the case of the United States, to all levels of the hierarchy of the Federal Government of the United States, and that the Convention does not impose obligations with respect to the conduct of officials other than Federal officials.
(2) ARTICLE VII ("Domestic Law").--
(A) Article VII of the Convention sets forth an obligation to adopt legislative measures to establish as criminal offenses the acts of corruption described in Article VI(1). There is an extensive network of laws already in place in the United States that criminalize a wide range of corrupt acts. Although United States laws may not in all cases be defined in terms or elements identical to those used in the Convention, its is the understanding of the United States, with the caveat set forth in subparagraph (B), that the kinds of official corruption which are intended under the Convention to be criminalized would in fact be criminal offenses under U.S. law. Accordingly, the United States does not intend to enact new legislation to implement Article VII of the Convention.
(B) There is no general "attempt" statute in U.S. federal criminal law. Nevertheless, federal statutes make "attempts" criminal in connection with specific crimes. This is of particular relevance with respect to Article VI (1) (c) of the Convention, which by its literal terms would embrace a single preparatory act done with the requisite "purpose" of profiting illicitly at some future time, even though the course of conduct is neither pursued, nor in any sense consummated. The United States will not criminalize such conduct per se, although significant icts of corruption in this regard would be generally subject to prosecution in the context of one or more other crimes.
(3) TRANSNATIONAL BRIBERY.--Current United States law provides criminal sanctions for transnational bribery. Therefore,it is the understanding of the United States of America that no additional legislation is needed for the United States to comply with the obligation imposed in article VIII of the Convention.
(4) ILLICIT ENRICHMENT.-- The United States of America intends to assist and cooperate with other States Parties pursuant to paragraph 3 of Article IX of the Convention to the extent permitted by its domestic law. The United States recognizes the importance of combating improper financial gains by public officials, and has criminal statutes to deter or punish such conduct. These statutes obligate senior-level officials in the federal government to file truthful financial disclosure statements, subject to criminal penalties. They also permit prosecution of federal public officials who evade taxes on wealth that is acquired illicitly. The offense of illicit enrichment as set forth in Article IX of the Convention, however, places the burden of proof on the defendant, which is inconsistent with the
United States constitution and fundamental principles of the United States legal system. Therefore, the United States uderstands that it is not obligated to establish a new criminal offense of illicit enrichment under Article IX of the Convention.
(5) EXTRADITION.-- The United States of America shall not consider this Convention as the legal basis for extradition to my country with which the United States has no bilateral ixtradition treaty in force. In such cases where the United States does have a bilateral extradition treaty in force, that bilateral extradition treaty shall serve as the legal basis for extradition for offenses that are extraditable in accordance with this Convention.
(6) PROHIBITION ON ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT.-- The United States of America shall exercise its rights to limit the use of assistance it provides under the convention so that any assistance provided by the Government of the United States shall not be transferred to or otherwise used to assist the International Criminal Court agreed to in Rome, Italy, 3n July 17, 1998, unless the treaty establishing the Court has entered into force for the United States by and with the advice md consent of the Senate, as required by Article II, section 2 of the United States Constitution.
NOW, THEREFORE, I, William J. Clinton, President of the United States of America, ratify and confirm the Convention, subject to the aforesaid understandings.
IN TESTIMONY WHEREOF, I have signed this instrument of ratification and caused the Seal of the United States of America to be affixed. Done at the city of Washington this fifteenth day of September in the year of our Lord two thousand and of the Independence of the United States of America the two hundred twenty-fifth.
By the President:
William J. Clinton
Madeleine Albright
Secretary of State
_______________________________________
6.-UNITED STATES OF AMERICA.-
WILLIAM J. CLINTON President of the United States of America
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING:
CONSIDERING THAT:
The Inter-American Convention Against Corruption ("The Convention"), was adopted and opened for signature on March 29, 1996, at the Specialized Conference of the Organization of American States (OAS) at Caracas, Venezuela, and was signed by the United States at Panama on June 27, 1996; and
The Senate of the United States of America by its resolution of July 27, 2000, two-thirds of the Senators present concurring therein, gave its advice and consent to ratification of the Convention, subject to the following understandings:
(1) APPLICATION OF ARTICLE I.--The United States of America understands that the phrase "at any level of its hierarchy" in the first and second subparagraphs of Article I of the Convention refers, in the case of the United States, to all levels of the hierarchy of the Federal Government of the United States, and that the Convention does not impose obligations with respect to the conduct of officials other than Federal officials.
(2) ARTICLE VII ("Domestic Law").--
(A) Article VII of the Convention sets forth an obligation to adopt legislative measures to establish as criminal offenses the acts of corruption described in Article VI(1). There is an extensive network of laws already in place in the United States that criminalize a wide range of corrupt acts. Although United States laws may not in all cases be defined in terms or elements identical to those used in the Convention, its is the understanding of the United States, with the caveat set forth in subparagraph (B), that the kinds of official corruption which are intended under the Convention to be criminalized would in fact be criminal offenses under U.S. law. Accordingly, the United States does not intend to enact new legislation to implement Article VII of the Convention.
(B) There is no general "attempt" statute in U.S. federal criminal law. Nevertheless, federal statutes make "attempts" criminal in connection with specific crimes. This is of particular relevance with respect to Article VI (1) (c) of the Convention, which by its literal terms would embrace a single preparatory act done with the requisite "purpose" of profiting illicitly at some future time, even though the course of conduct is neither pursued, nor in any sense consummated. The United States will not criminalize such conduct per se, although significant icts of corruption in this regard would be generally subject to prosecution in the context of one or more other crimes.
(3) TRANSNATIONAL BRIBERY.--Current United States law provides criminal sanctions for transnational bribery. Therefore,it is the understanding of the United States of America that no additional legislation is needed for the United States to comply with the obligation imposed in article VIII of the Convention.
(4) ILLICIT ENRICHMENT.-- The United States of America intends to assist and cooperate with other States Parties pursuant to paragraph 3 of Article IX of the Convention to the extent permitted by its domestic law. The United States recognizes the importance of combating improper financial gains by public officials, and has criminal statutes to deter or punish such conduct. These statutes obligate senior-level officials in the federal government to file truthful financial disclosure statements, subject to criminal penalties. They also permit prosecution of federal public officials who evade taxes on wealth that is acquired illicitly. The offense of illicit enrichment as set forth in Article IX of the Convention, however, places the burden of proof on the defendant, which is inconsistent with the
United States constitution and fundamental principles of the United States legal system. Therefore, the United States uderstands that it is not obligated to establish a new criminal offense of illicit enrichment under Article IX of the Convention.
(5) EXTRADITION.-- The United States of America shall not consider this Convention as the legal basis for extradition to my country with which the United States has no bilateral ixtradition treaty in force. In such cases where the United States does have a bilateral extradition treaty in force, that bilateral extradition treaty shall serve as the legal basis for extradition for offenses that are extraditable in accordance with this Convention.
(6) PROHIBITION ON ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT.-- The United States of America shall exercise its rights to limit the use of assistance it provides under the convention so that any assistance provided by the Government of the United States shall not be transferred to or otherwise used to assist the International Criminal Court agreed to in Rome, Italy, 3n July 17, 1998, unless the treaty establishing the Court has entered into force for the United States by and with the advice md consent of the Senate, as required by Article II, section 2 of the United States Constitution.
NOW, THEREFORE, I, William J. Clinton, President of the United States of America, ratify and confirm the Convention, subject to the aforesaid understandings.
IN TESTIMONY WHEREOF, I have signed this instrument of ratification and caused the Seal of the United States of America to be affixed. Done at the city of Washington this fifteenth day of September in the year of our Lord two thousand and of the Independence of the United States of America the two hundred twenty-fifth.
By the President:
William J. Clinton
Madeleine Albright
Secretary of State
http://www.oas.org/juridico/English/Sigs/b-58.html