28 May 2023
09 Thul-Qi'dah 1444
عربي
The Arab countries that signed this convention,
Convinced that corruption is a criminal phenomenon taking different forms and having a negative impact on moral values, political life, and economic and social aspects;
Considering that combating corruption is a vital role to be played not only by official authorities of the state but also by individuals and civil society organizations;
Desiring to activate Arabic and international efforts to combat and address corruption, and to facilitate international cooperation, particularly with regard to extradition and mutual legal assistance, as well as the recovery of property;
Emphasizing the need for Arab cooperation to prevent and combat corruption, which is regarded as a transnational phenomenon;
Committing to the principles and morals of the holy religious, including the glorious Islamic Sharia and the objectives and principles of the charter of the Arab League, the United Nations charter, international conventions, and the Arabic regional and international treaties in the field of legal, judicial and security cooperation for preventing and combating crimes related to corruption, of which the Arabic countries are part, including the United Nations UN Convention Against Corruption ((UNCAC).;
Hereby agree to the following:
Article 1
Definitions
For the purposes of this convention, each of the following words and phrases shall have the meaning assigned to each of them, unless the context otherwise requires:
1. “State party” means each state party of the Arab League that ratified or joined this convention, and deposited the documents of ratification or joined the General Secretariat of the Arab League.
2. “Public official” means any person who exercises a public function or is, according to the law of the state party, considered a public official in the executive, legislative, judicial or administrative branches, whether appointed or elected, permanently or temporarily, or has been appointed to render a public service for the state party, whether paid or unpaid.
3. “Foreign public official” means any person who exercises a legislative, executive, administrative or judicial function for a foreign country, whether appointed or elected, permanently or temporarily, or any person exercising a public function for a foreign country, or for the benefit of a foreign public body or foreign public institution.
4. “Employee of international public enterprises” means any international public servant or any person authorized by international public enterprises to act on their behalf.
5. “Properties” means any assets, whether material or immaterial, movable or immovable, and the legal documents that constitutes evidence of ownership of such assets or the right to dispose of them.
6. “Proceeds of crime” means any property coming or derived, directly or indirectly, from the commission of any of acts of corruption that are considered illegal in accordance with this convention.
7. “Freezing or detaining” means imposing a temporary ban on the transmission, exchange, disposition, or transfer of property, or assuming custody of or detaining it temporarily, according to an order from a court or other competent authority.
8. “Confiscation” means the permanent deprivation of property by an order of a court or other competent authority.
9. “Controlled delivery” means allowing illegal or suspicious operations to cross between or enter into the territory of one or more states, with the knowledge and under the supervision of concerned authorities, for the purpose of investigating acts of corruption that are considered illegal in accordance with the provisions of this convention, and of identifying persons involved in such acts.
Article 2
Objectives of the Convention
1. To strengthen measures that aim at preventing, combating and uncovering corruption in all its forms, and all other crimes related to corruption, and the prosecution of persons who commit them.
2. To strengthen Arab cooperation in preventing, combating and uncovering corruption, and in recovering assets.
3. To enhance integrity, transparency, accountability and the rule of law.
4. To encourage individuals and civil society organizations to participate actively in preventing, combating and uncovering corruption.
Article 3
Protection of Sovereignty
1. The state parties shall carry out their commitments concerning this convention that associate with the principles of equality among states in their sovereignty, regional integrity and non-interference in internal affairs.
2. This convention does not permit a state party to exercise jurisdiction in the territory of another state party or to perform functions that are limited to the authorities of that other state according to its domestic law.
Article 4
Criminalization
Bearing in mind that the description of criminal acts of corruption in accordance with this convention shall be subject to the law of the state party, each state shall, according to its legal system, implement legislative and other measures to criminalize the following offences, whether committed intentionally:
1. Bribery in public office.
2. Bribery in public joint-stock companies, associations and institutions that are legally considered public benefit bodies.
3. Bribery in the private sector.
4. Bribery of foreign public officials and officials of international public enterprises in connection with the exercise of international business within the state party.
5. Trading in influence.
6. Abuse of public offices.
7. Unjust enrichment.
8. Laundering of criminal proceeds.
9. Concealment of the proceeds derived from offences included in this article.
10. Obstruction of justice.
11. Embezzlement and unlawful seizure of public property.
12. Embezzlement of the property of joint stock companies, private associations of public benefit and the private sector.
13. Attempting or participating in offences included in this article.
Article 5
Liability of Legal Persons
Each state party shall adopt any necessary measures in accordance with its legal system in determining criminal or civil or administrative liability of the legal person concerning offences included in this convention, without prejudice to the criminal liability of the natural person.
Article 6
Prosecution, Trial and Sanctions
1. Each state party shall adopt the necessary measures in accordance with its legal system to maintain for the competent investigation authority or the court the right to examine or obtain data or information concerning any bank accounts in order to uncover the potential commission of offences included in this convention.
2. Each state party shall, in accordance with its legal system, adopt the appropriate measures on the offences included in this convention to ensure the presence of the accused for investigation and trial in the case of his release from custody, taking into account the rights of the defence.
3. Each state party, in accordance with its legal system and constitutional principles, shall adopt the necessary measures to create or maintain a suitable balance between the immunities or privileges accorded to its public officials to enable them to perform their functions and, if necessary, to investigate and prosecute an effective trial against the criminalized actions in accordance with this convention.
4. Each State Party shall prosecute any offence included in the present Convention to penalties that take into account the gravity of the crime. In case of recidivism, the prescribed penalties shall be doubled, in accordance with the provisions of the penal code.
5. Each state party shall, according to its domestic law, impose where necessary any consequential or supplementary sanctions on persons convicted of offences included in this convention.
6. Each state party shall, in accordance with its domestic law, specify a long statute of limitation for any offence under the present Convention.
Article 7
Freezing, Seizure and Confiscation
1. Each state party shall, according to its legal system, adopt to the maximum extent possible the necessary measures to enable the confiscation of the following:
a. Proceeds of crime derived from offences included in this convention or the equivalent value of property purchased with such proceeds.
b. Property, equipment or other instruments used or prepared for use in the commission of crimes included in this convention.
2. Each state party shall adopt the necessary measures that lead to the identification of any of the things referred to in paragraph (1) of this article, or the tracing, controlling, freezing or seizure thereof for the purpose of confiscation.
3. Where the proceeds of crime have been transformed or converted, partially or fully, into other properties, such properties shall be subjected to the measures referred to in this article, even where the accused transferred his ownership to others.
4. Where the proceeds of crime have been mixed with properties acquired from legitimate sources, such property shall be liable to confiscation up to the assessed value of such proceeds, without prejudice to any power relating to freezing or seizure.
5. The proceeds of crime, revenues or other material benefits derived from such proceeds, or properties that have been transformed from or mingled with such proceeds, shall also be subject to the measures referred to in this article in the same manner and to the same extent.
6. Each state party shall be permitted to investigate the possibility of obliging the accused to uncover the lawful origin of alleged proceeds of crime or other property liable to confiscation, to the extent that the obligation complies with the principles of the state party’s domestic law and with the nature of its judicial procedure.
7. Each state party shall adopt the necessary legislative and other measures to regulate, manage or use property that has been frozen, detained, confiscated or abandoned, and which is considered the proceeds of crime according to the party’s domestic law. Such measures shall include criteria concerning the recovery of secured property which remains at the disposal of the person who has the right therein. Each state party shall legalize regulations concerning the management or use of neglected property. Each State Party shall also consider measures for the administration or use of abandoned property and shall observe prolonging and standardization of time periods for property to be deemed abandoned.[C1]
8. The provisions of this Article shall not be interpreted so as to prejudice the rights of bona fide third parties.
Article 8
Compensation for Damages
Each state party shall state in its domestic law that any aggrieved person who has sustained loss or damage as a result of an offence included in this convention shall have the right to sue for compensation for such loss or damage.
Article 9
Jurisdiction
1. The crimes that stated in this convention shall be subject to the jurisdiction of the state party in any of the following circumstances:
a. Where the offence was committed on the territory of the concerned state party.
b. Where the offence was committed on board a ship that flies the flag of the state party or on an aircraft registered under its laws at the time of the commission of the offence.
c. Where the commission of the offence is against the interests of the state party or one of its citizens or residents.
d. Where the offence was committed by a citizen or resident of the state party, or by a stateless person who holds normal residence in its territory.
e. Where the offence was one of those criminalized according to Article 4 of this convention and was committed outside the state party’s territory with the aim of committing the offence within its territory.
f. Where the defendant is a national present in the territory of a State Party and such state party does not extradite him
Where the defendant is a citizen of another state but is present in the territory of the state party and such state party does not deliver him to the authorities of his own state.
2. Each state party shall adopt the necessary measures to subject criminalized actions according to this convention to its jurisdiction where the perpetrator of such offences is present in its territory and it does not extradite him.
3. Where a state party exercising its jurisdiction under this article has been informed that one or more state parties are conducting an investigation into the alleged commission of an offence included in this convention, the concerned authorities in such states shall consult with each other in order to coordinate their actions in such investigation.
Article 10
Measures of Prevention and Control
1. Each state party, in accordance with the fundamental principles of its legal system, shall develop, implement and consolidate effective and coordinated policies to prevent and control corruption and to enhance the contribution of the community, the rule of law, good governance, integrity, transparency and accountability.
2. Each state party shall endeavour to establish effective ways aimed at the prevention of corruption..
3. Each state party shall periodically evaluate its legislation and related administrative measures in order to ensure their sufficiency in preventing and controlling corruption.
4. Each state party, in accordance with its fundamental principles of its domestic law, shall adopt, maintain and strengthen methods used to ensure transparency, and shall prevent conflicts of interest between employees and employers in the public or private sectors.
5. Each state party shall endeavour to apply procedures and standards of behaviour within its institutional and legal systems that guarantee the correct, honourable and proper performance of public functions.
6. Each state party, according to the fundamental principles of its domestic law, shall implement measures and systems to enable public officials to inform the concerned authorities about acts of corruption that come to their knowledge during the performance of their functions.
7. Each state party shall take the necessary steps to prevent corruption by creating regulations concerning purchases and tenders based on transparency, competition and objective criteria.
8. Each state party, for the purpose of preventing corruption in the private sector, shall adopt the necessary measures, in accordance with its domestic laws and regulations, relating to the maintenance of books and records, the disclosure of the financial data, and the proper practice of accounting and auditing, to prevent the commission of the following acts that are carried out for the purpose of committing any of the offences included in this convention:
a. The establishment of off-the-book accounts.
b. Off-the-book transactions that are not recorded in the books and are insufficiently identified.
c. Recording of non-existent expenses.
d. Recording of financial obligations without properly stating their purpose.
e. Using fake documents.
f. Intentionally destroying records of accounts before the expiry of the period for retention of such records required by law.
9. State parties shall cooperate with each other and with relevant international and regional organizations, if necessary, and in accordance with the fundamental principles of their legal system, to promote and develop the measures referred to in this article, and such cooperation shall include the participation in programs and international projects that aim at preventing corruption.
10. Each state party, in accordance with the fundamental principles of its legal system, shall provide all necessary means to those bodies engaged in preventing and fighting corruption, such as:
a. Implementing the policies referred to in this article and supervising their implementation, where possible.
b. Increasing knowledge related to the prevention of corruption and its dissemination.
11. Each state party, in accordance with the fundamental principles of its legal system, shall grant the bodies referred to in paragraph (10) of this article the necessary independence to enable them to carry out their functions effectively and free from any undue influence, and shall provide the necessary material resources and specialized employees, as well as the training they require to carry out their functions.
Article 11
Participation of Civil Society
Each state party shall adopt the appropriate measures to encourage civil society organizations to participate effectively in preventing and combating corruption. Such participation shall be strengthened by measures such as:
1. Increasing social awareness about the causes, proliferation and gravity of corruption and its negative impact on the interests of society.
2. Introducing media activities that contribute to non-tolerance of corruption as well as awareness programs in school and university curricula.
3. Familiarising people with the relevant anti-corruption bodies referred to in this convention, and providing them with means of communication with and access to these bodies, and enabling them to report about incidents that they consider offences in accordance with this convention.
Article 12
Independence of the Judiciary and Public Prosecution Bodies
In recognition of the importance of the independence of the judiciary and its crucial role in combating corruption, each state party shall, in accordance with the fundamental principles of its legal system, take all necessary steps to guarantee and enhance the independence of the judiciary and prosecutors, to strengthen their integrity, and to provide them with the necessary protection.
Article 13
Consequences of Acts of Corruption
Without prejudice to the rights acquired by bona fide third parties
Taking into account the rights the other parties acquired by bona fides, each state party, in accordance with the fundamental principles of its domestic law, shall adopt measures to explain the consequences of corruption. In this context, state parties shall consider corruption as an important factor to be adopted in legal procedures relating to the cancellation or termination of contracts, or in revoking privilege or other similar instruments, or in taking any other action in the interests of justice.
Article 14
Protection of Whistleblowers, Witnesses, Experts and Victims
Each state party shall provide the necessary legal protection for whistleblowers, witnesses, experts and victims who testify against acts criminalized by this convention. Such protection shall also cover their relatives and persons closely associated with them from any potential retaliation or intimidation. The means of protection shall include:
1. Providing protection at their place of residence.
2. Non-disclosure of information concerning their identities and whereabouts.
3. Receiving their statements confidentially, such as through the use of communication technology.
4. Taking punitive action against any person who discloses information relating to the identity or whereabouts of such whistleblowers, witnesses, experts or victims.
Article 15
Assistance to Victims
1. Each state party shall legislate appropriate procedural rules to enable victims of offences included in this convention to obtain compensation and restitution.
2. Each state party, in accordance with its domestic law, shall enable victims to offer their opinions, and to take that into consideration at the appropriate stage in the criminal proceedings against offenders in a manner that does not prejudice the rights of the defence.
Article 16
Cooperation in Law Enforcement
States parties shall cooperate closely with each other in compliance with their domestic legal and administrative regulations in order to enhance the effectiveness of law enforcement aimed at preventing and combating offences included in this convention. Such cooperation shall include the following:
1. Exchanging information and enabling early detection of the means and methods used to commit or conceal offences included in this convention, including crimes committed through the use of modern technology.
2. Cooperating on investigation procedures concerning the identity of criminal suspects, their whereabouts and activities, the movement of the proceeds from such activities, and the property derived from the commission thereof.
3. Exchanging experts.
4. Providing technical assistance in preparing programs and introducing joint or private training courses on preventing and combating the offences included in this convention in order to develop their scientific and practical abilities and to raise the level of their performance.
5. Holding seminars and scientific forums on preventing and combating the offences included in this convention.
6. Conducting and exchanging research, studies and experiences related to preventing and combating the offences included in this convention.
7. Establishing a database of each state party’s national legislation and techniques of investigating the offences included in this convention.
Article 17
Cooperation with Law Enforcement Authorities
1. Each state party shall take the appropriate measures to encourage persons who participated in the perpetration of an offence included in this convention to provide useful information to law enforcement authorities for the purpose of investigating and confirming such offence, and to provide specific practical assistance to law enforcement authorities that deprives offenders from the proceeds of their activities and recovers such proceeds.
2. Each state party shall in appropriate cases take into account the possibility of reducing the sentence imposed on the defendant who provides substantial assistance to law enforcement authorities in the investigation or prosecution of an offence included in this convention.
3. Each state party, in accordance with the fundamental principles of its domestic law, shall take into account the possibility of granting immunity from prosecution to a person who provides substantial assistance to law enforcement authorities in the investigation or prosecution of an offence included in this convention.
4. The protection of persons who provide substantial assistance to law enforcement authorities shall be in accordance with Article 14 above.
5. Where a person referred to in paragraph (1) of this article is resident in one state party and provides substantial assistance to the law enforcement authorities of another state party, both state parties shall take into account any reciprocal treaties or agreements that provide for the conditions set forth in paragraphs (2) and (3) of this article.
Article 18
Cooperation between Civil Authorities
Each state party, in accordance with its domestic law, shall adopt the necessary measures to ensure cooperation between their respective public authorities in the investigation and prosecution of criminal offences. Such cooperation shall include:
1. Informing the investigation authorities where there are reasonable grounds to believe that an offence described in Article 4 four of this convention has been committed.
2. Supplying all necessary information to the investigation authorities upon request.
Article 19
Cooperation between the National Authorities and the Private Sector
1. Each state party, in accordance with its domestic law, shall adopt the necessary measures to ensure cooperation between the national authorities responsible for the investigation and prosecution of offences and private sector entities, particularly financial foundations, on issues relating to the commission of offences included in this convention.
2. Each state party shall encourage its citizens and other persons resident within its territory to inform the national authorities responsible for the investigation and prosecution of offences about the commission of an offence included in this convention.
Article 20
Mutual Legal Assistance
1. State parties, according to their laws, treaties, conventions and other arrangements, shall on request provide each other with the maximum mutual legal assistance in investigations, prosecutions and judicial procedures relating to offences included in this convention.
2. Mutual judicial assistance shall be provided in the most complete form possible under the laws of the requested State Party and under its relevant treaties, agreements and arrangements in connection with investigations, prosecutions and judicial procedures pertaining to offences for which a juristic person may be held accountable in accordance with Article 5 of the present Convention in the requesting State Party.
3. A request for mutual legal assistance may be made under the present Convention for any of the following purposes:
a. Obtaining evidence and witness statements.
b. Delivering judicial documents.
c. Implementing inspections, attachments, and the freezing of operations.
d. Checking objects and visiting sites.
e. Providing information, materials, and evaluations of experts.
f. Providing originals and approved copies of relevant documents, including governmental and banking records and records of companies and commercial enterprises.
g. Identifying the proceeds of crime, properties, instruments and other things, or tracing them for evidentiary purposes.
h. Facilitating the voluntary presence of persons in the territory of the requesting state party.
i. Providing any other type of assistance that does not contravene the domestic law of the state party that receives the request.
j. Uncovering the proceeds of crime and freezing and tracing them.
k. Recovering property according to Article 27 of this convention.
4. Each state party may adopt and implement the necessary legal or other measures to disclose any previous convictions against an accused person in another country in order to use that information in criminal procedures relating to an offence included in this convention.
5. Each state party shall nominate a central authority that shall have the responsibility and mandate to receive requests for mutual legal assistance, and to execute such requests or transfer them to the relevant authorities for execution. Where a state party has a special region or territory with an independent system of mutual legal assistance, such state party shall have the right to nominate a separate central authority that shall have the same functions in that region or territory, and the central authority shall secure the execution of the received requests or transfer them promptly and in an appropriate manner. Where the central authority transmits the request to the competent authority for execution, it shall encourage the relevant authority to execute the request quickly and properly.
The Secretary-General of the Arab League shall be informed, on behalf of the nominated central authority, when the state party has deposited its instrument of ratifying or joining this convention and has sent legal assistance to the central authorities nominated by the state parties. This condition shall not prejudice the right of any state party to limit the sending of requests for assistance through its diplomatic channels. Such channels shall, in urgent cases and by agreement, include the Arab Bureau of Criminal Police within the General Secretariat of the Council of Arab Interior Ministers.
6. The request for mutual legal assistance shall include:
a. The identity of the authority submitting the request.
b. The subject and nature of the investigation, prosecution or judicial procedure that relates to the request, and the name and functions of the authority conducting the investigation or prosecution or judicial procedure.
c. A summary of the facts relevant to the subject matter, with the exception of requests for the purpose of serving judicial documents.
d. A description of the required assistance and details of any particular procedures that the requesting state party wishes to follow.
e. The identity of any concerned person, his location and his nationality, if possible.
f. The purpose for which the evidence or information or procedures are requested.
7. The requested State Party may request further information when necessary to implement the request in accordance with its domestic legislation, or when that might facilitate such implementation.)
8. The request shall be executed in accordance with the domestic law of the requested state party and also in accordance with the procedures specified in the request, wherever possible, unless it contradicts with the domestic law of the requesting state party.
9. The requesting State Party may not disclose any information or evidence provided by the requested State Party, or use it in investigations, prosecutions or judicial proceedings other than those stated in the request, without prior agreement from the requested State Party.
10. . Nothing in this paragraph shall prevent the requesting state party from disclosing information or exculpatory evidentiary to an accused person, but the requesting state party shall notify the request recipient state party, prior to such disclosure, and negotiate, if requested to do so. Where such prior notification is impossible, the requesting state party shall inform the request recipient state party of the disclosure without delay.
11. The requesting state party shall have the right to set terms for the request recipient state party to preserve the secrecy of the request and its content, except to the extent necessary for its execution. Where the request recipient state party is unable to respond to the request of secrecy, it shall immediately inform the requesting state party thereof.
12. It shall be permissible to refuse a request for mutual legal assistance in the following cases:
a. Where the request is not submitted in accordance with the provisions of this article.
b. Where the request recipient state party considers that the execution of the request shall prejudice its sovereignty, or its security, or its public order, or its other essential interests.
c. Where the domestic law of the request recipient state party prohibits its authorities from executing the desired procedure concerning any similar offence, if that offence has been subject to investigation, prosecution or judicial procedures within its jurisdiction.
d. Where the response to the request contradicts with the legal system of the request recipient state party.
13. A state party shall have no right to refuse a request for mutual legal assistance..
14. Reasons shall be given for any refusal of a request for mutual legal assistance.
15. The request recipient state party shall execute the request for mutual legal assistance as soon as possible and shall take into account, to the extent possible, the deadlines proposed by the requesting state party. The requesting state party shall have the right to submit reasonable enquires to obtain information about the status and progress of the measures that have been taken by the request recipient state party to implement the request, and the request recipient state party shall respond to such inquiries. The requesting state party shall inform the request recipient state party when its need for assistance expires.
16. The request recipient state party shall have the right to postpone providing mutual legal assistance because of a conflict with investigations, prosecutions or ongoing judicial procedures.
17.
a. In the absence of a dual criminality standard, the request recipient state party, in its response to a request for assistance, shall take into account the purposes of this convention as set forth in Article 2 above.
b. (b) The State Party may refuse to provide assistance pursuant to the present Article for lack of dual criminality. It may offer assistance that does not involve a compulsory measure and it may refuse to offer such assistance when it is related to frivolous requests or matters in which the cooperation or assistance sought is provided under other provisions of the present Convention.
c. Each state party shall have the right to determine which measures it will adopt in accordance with this article, and to provide wider assistance according to this article in the absence of dual criminality.
18. Before refusing any request according to paragraph 11 of this article, or postponing its execution according to paragraph 15 of this article, the Requested state party shall negotiate with the requesting state party to consider the possibility of providing assistance, subject to terms and conditions that it considers necessary. Where the requesting state party accepts the assistance subject to these conditions, it shall comply therewith.
19. Any detained person or any person serving his sentence in the territory of a State Party whose presence in another State Party is requested for the purposes of identifying persons, giving evidence or offering other such assistance to obtain evidence for investigations, prosecutions or judicial proceedings related to offences under the present Convention may be extradited, provided the following two conditions are satisfied:
a. Such person freely and knowingly accepts;
b. The competent authorities of the two state parties agree, subject to terms and conditions that they deem appropriate.
20. For the purposes of paragraph 18 of this article:
a. The state party to which the person is transferred shall be empowered and obliged to detain him in custody unless the state party from where he was extradited requests or permits otherwise.
b. The state party to which the person is to be transferred shall implement, without delay, its obligation to return him back to the custody of the state party from which he was extradited.
c. The State Party to which the person has been extradited may not make the return of this person conditional on the initiation of extradition proceedings by the State Party from which he had been transferred.
d. The period during which a person is detained in the state party to which he was transferred shall be considered as part of the period of the sentenced imposed on him by the state party from where he was transferred.
e. a person of any nationality who is extradited under paragraphs 18 and 19 of this article may not be prosecuted, detained, punished or have his personal liberty restricted in any way in the territory of the state party to which he has been transferred merely because of an act or acts he may have committed or a conviction prior to his leaving the territory of the state from which he was transferred, unless approved by the state party from which he was transferred.
21. A State Party may not decline to provide mutual legal assistance on the grounds of banking confidentiality.
22. Where a person is present in the territory of a state party, and he is required as a witness or an expert before the judicial authorities of another state party, and such requirement is consistent with the fundamental principles of domestic law, it shall be permissible for the first state party to comply with the request of the other state party by holding a hearing through live broadcast if the presence of the concerned person in the territory of the requesting state party is impossible or undesirable. The two state parties shall have the right to agree that the judicial authority of the requesting state party shall conduct, supervise and control the hearing.
23. Without prejudice to the domestic law and without prior request, the competent authorities of a state party shall transmit information relating to criminal matters to a competent authority in another state party whenever they believe that such information could assist the successful undertaking or completion of investigations and criminal procedures or might lead to the other State Party making a request pursuant to the present Convention
24. Such information shall be transmitted according to paragraph 5 of this article without prejudice to the ongoing investigations and criminal procedures in the state of the competent authorities that provide such information. The recipient competent authorities shall comply with a request to preserve the information secretly or to impose restrictions on its use. However, such request shall not prevent the recipient state party from disclosing information during its investigations and criminal procedures to exculpate an accused person. In such case, the recipient state party shall without delay notify the transmitting state party prior to such disclosure and shall negotiate with it, if requested to do so.
25. Without prejudice to paragraph 20 of this Article, no witness, expert or other similar person may be prosecuted, detained or punished on the basis of a request from a requesting State Party that he give evidence in criminal proceedings or assist in criminal investigations, prosecutions or proceedings in the territory of the requesting State Party, nor may he be subjected to any other measure that restricts his personal freedoms in that territory because of any act, omission or conviction prior to his leaving the territory of the requested State Party. This guarantee of immunity shall end when the witness, expert or other person, of his own volition, remains in the territory of the requesting State Party after he has been given fifteen days, or any period agreed to by the two State Parties, within which to leave, starting from the date he was officially notified that his presence is no longer necessary to the judicial authorities, or from the date on which he voluntarily returned to the territory of the requesting state party after he had departed therefrom.
26. The recipient state party shall pay the normal costs incurred in executing the request, unless both state parties agree otherwise. Where the response to the request incurs abnormal costs, both state parties shall negotiate the terms and conditions under which the request shall be executed and the costs equitably borne.
27.
a. The request recipient state party shall provide to the requesting state party copies of all documents in its possession, including records and governmental information, whose publication is permissible according to its domestic law.
b. The request recipient state party may determine, according to what it deems appropriate, which copies of documents in its possession, including records and governmental information, it shall provide to the requesting state party which are not permitted to be published according to its domestic law.
28. The provisions of this article shall apply to requests for mutual legal assistance in order to facilitate cooperation where both state parties are not signatories to a treaty of mutual legal assistance. Where such State Parties are bound by such a treaty, the provisions thereof shall apply and the State Parties shall apply the present Article if it facilitates cooperation
Article 21
Cooperation for the Purposes of Confiscation
1. A state party that receives a request from the requesting state party which has jurisdiction over an offence included in this convention shall, for the purpose of confiscating the proceeds of crime, or properties, or equipment, or other instruments that existed in its territory, in accordance with Article 7 (1) of this convention, cooperate with the requesting state party by:
a. Submitting the request to its competent authorities for issuing and executing an order of confiscation; or
b. Submitting to its competent authorities for enforcement an order of confiscation issued by a court in the territory of the requesting state party.
2. Upon receiving a request from the requesting state party that has jurisdiction over an offence included in this convention, the request recipient state party shall implement measures to trace the proceeds of crimes, or properties, or equipment, or other instruments referred to in Article 7 (1) of this convection, and shall freeze or seize them for the purpose of confiscation in accordance with an order issued in terms of paragraph 1 (a) or (b) of this article.
3. The provisions of Article 20 above shall apply to this article with regard to deference in status, and submitted requests shall include the following :
a. A description of the property to be confiscated, including its location and estimated value, and of the legal grounds on which the requesting state party relies in order to enable the request recipient state party to issue an order of confiscation within the framework of its domestic law.
b. Where a request is made under paragraph 1 (b) of this article for a legally admissible copy of the confiscation order on which the request is based, a statement describing the proceedings and time period required to execute the order, and a statement describing the measures taken by the requesting state party to notify a bona fide third party, shall be included to ensure the due consideration of the original legal documents, and to state that the order of confiscation is final.
c. Where a request is made in terms of paragraph 2 of this article, a statement describing the legal grounds on which the requesting state party relies, a statement describing the required procedures, and a certified copy of the order on which the request is based.
4. The request recipient state party shall implement in favour of the requesting state party the decisions and procedures included in paragraphs 1 and 2 of this article in accordance with the provisions of its domestic law or with any bilateral or multilateral agreement.
5. Each state party shall submit to the Secretary-General of the League of Arab States copies of its laws and regulations that put this article into force and copies of any amendments to be inserted at a later date, or descriptions thereof.
6. If the state party has chosen to take measures that, referred to in paragraphs (1/2) one /two, of this article, that their existence is conditional to the relevant treaty, and that the state party, shall consider this convention, as necessary and sufficient basic of treaty.
7. Cooperation according to this article shall be refused, or any temporary measures cancelled, where the request recipient state party does not receive sufficient evidence timeously or where the property has negligible value.
8. Before suspending any temporary measures that have been taken according to this article, the request recipient state party shall, wherever possible, afford the requesting state party an opportunity to present its reasons for the necessity of continuing such measures.
9. It shall not permissible to interpret the provisions of this article in a manner that prejudices the rights of bona fide third parties.
Article 22
Transference of Criminal Procedures
States parties shall consider the possibility of transferring to each other the procedures of prosecution of offences included in this convention where such transference is in the interests of justice, especially when the matter relates to several jurisdictions.
Transfer of Prosecution Procedures
State Parties to the present Convention may consider the possibility of transferring prosecution procedures concerning an act criminalized by the present Convention among them with purpose of concentrating this pursuit if this shall be in the interest of justice, especially when this concerns several judicial countries.
Article 23
Extradition of Offenders
1. All crimes covered by the present Convention are considered crimes for which the accused may be extradited according to any extradition treaty between State Parties. A State Party whose laws allow this shall not consider any crime covered by the present Convention as a political crime if the present Convention is taken as a basis for the extradition.
2. This Article shall apply to crimes covered by the present Convention where the person subject to extradition is located in the territory of the requested State Party, provided that the condition that the act for which extradition is requested is a criminal act according to the domestic laws of both the requesting and requested State Parties.
3. Notwithstanding paragraph (2) herein, the State Party whose laws allow may agree the extradition of a person charged with any of the crimes covered by the present Convention, even if the act is not criminalized by its domestic legislation.
4. Where the request for extradition includes a number of separate crimes, one of which, at least, is subject to extradition according to this Article, and where some of them may not be subject to extradition because of the period of imprisonment imposed, but is related to a crime covered by the present Convention, the requested State Party may enforce this Article in respect of those crimes.
5. Where a requested State Party that conditions extradition of offenders on the existence of a treaty requests extradition of a person from another state with which it has no extradition treaty, it may consider the present Convention as a legal basis for the extradition of any offender to which the present Convention applies.
6. The State Party that conditions extradition to the existence of a treaty shall:
a. Inform the Secretary-General of the League of Arab States when it deposits its instrument of ratification or accession to the present Convention, clarifying whether it shall consider the present Convention as the legal basis for its cooperation on matters of extradition with all State Parties to the present Convention.
b. Seek, where necessary, to sign extradition treaties with all the States Party to the present Convention with the purpose of activating this Article when the present Convention is not the legal basis for cooperation on matters of extradition.
7. State Parties that do not condition extradition on the existence of a treaty to that effect may consider the crimes covered by this Article as offences that allow extradition between State Parties.
8. Extradition shall be subject to the domestic laws of the requested State Party or the binding extradition treaty by including the conditions associated with minimum punishment conditional to extradition and the reasons that the requesting State Party can use to deny extradition.
9. The State Party shall seek, according to its domestic laws, the acceleration of extradition procedures and the expediting of all evidentiary requirements concerning any crime covered by this Article.
10. The requested State Party may, based on its domestic laws and extradition treaties and according to a request received from the requesting State Party, detain the person whose extradition is sought and who is present in its territory, as well as take other suitable measures to ensure his presence and the extradition procedures once it is convinced that circumstances require it and that such circumstances are pressing.
11. In the event that a State Party where the offender is located fails to extradite him for offences committed under this Article by reason that he is one of its citizens, such State Party shall, based on the extradition request of the requesting State Party, refer the matter without delay to its competent authorities for further action. The competent authorities shall make a decision and take the measures they usually take on offenses considered serious by their domestic laws. The State Parties concerned shall cooperate.
12. Where the domestic laws of the State Party prohibit the extradition of one of its citizens or allow such extradition on condition that he shall be returned to such State Party to serve his sentence after trial, or the procedures that it was requested to deliver that person for. Such country shall agree with the State Party that requested his extradition on this choice and on any other conditions they see fit. Such conditional extradition shall be deened sufficient to fulfill the obligation specified under paragraph (11) herein.
13. Where the extradition request for the purpose of enforcing a judicial sentence is refused on the grounds that the offender is a citizen of the requested State Party, it shall, if its domestic law so allows, consider according to a request from the requesting State Party to carry out the sentences delivered according to the domestic legislation of the requesting State Party or what remains of it.
14. Any person against whom such proceedings are taken in respect of any of the crimes to which this Article applies shall enjoy decent and dignified treatment at all stages of the proceedings, and shall enjoy all the rights and guarantees that are provided in the domestic law of the State Party where the person is located.
15. No provision of the present Convention may be construed as imposing a commitment to extradite if the requested State Party has sufficient reason to believe that the request was submitted for the purpose of persecuting or punishing a person because of his race, sex, religion, nationality, ethnic origin, opinion or political stance, or if compliance with the request may cause harm to the status of that person for any of these reasons.
16. The State Party shall not refuse a request for extradition on the pretext that the offence is considered a crime of a financial nature.
17. Before refusing extradition, the requested State Party shall consult, when necessary, with the requesting State Party and give it the opportunity to submit its opinions and to offer information in support of its request.
Article 24
Extradition of Sentenced Persons
State Parties are entitled to look into the signing of dual or multilateral treaties or arrangements concerning the extradition of individuals who are handed over for a prison sentence or other forms of deprivation of liberty
because of their commission of acts criminalized under the present Convention in their territories so that those individuals may complete their term of imprisonment there.
Article 25
Joint Investigations
State Parties shall consider the ratification of dual or multilateral agreements or arrangements that allow competent authorities to establish committees for joint investigation on matters under investigation or judicial procedures in one or several States and, where no such treaties or arrangements exist, they shall be allowed to carry out joint investigations through ad hoc agreements and on a case-by-case basis, and the State Party concerned shall undertake to fully respect the sovereignty of the State Party in whose territory the investigation shall be carried out.
Article 26
Methods of Private Investigation
1. For the purpose of combating corruption effectively, every State Party shall, in accordance with its domestic law and its capacity, take the necessary measures to enable its competent authorities to use the method of monitored extradition in a suitable manner and to implement measures of investigation such as electronic or other surveillance and in secret cases find a suitable use in its region. Courts of law shall accept the results of such methods of investigation in terms of evidence.
2. In the investigation of the offences covered by the present Convention, State Parties shall encourage the ratification, where necessary, of bilateral or multilateral conventions or agreements suitable to the use of methods of private investigation in the context of cooperation on the international level; such treaties or agreements shall be ratified and enforced in full compliance with the principle of equal sovereignty while implementing it in strict adherence to the rules of such treaties or agreements.
3. Where no such treaty or arrangement exists in the manner referred to in paragraph (2) of this Article, decisions shall be made concerning the use of the methods of international private investigation on a case-by-case basis; where necessary, financial arrangements and agreement on judicial jurisdiction shall be made by the State Parties concerned. Upon approval of the State Parties concerned, decisions relating to the use of the method of monitored extradition may be made on the international level, such as the interception of goods or funds and the decision to allow the same to move safely or to ignore or exchange them, either totally or partially.
Article 27
Return of Assets
The return of assets is considered a basic principle in the present Convention and State Parties shall offer help and assistance to one another in that respect.
Article 28
Prevention and Divulgence of Referral of Criminal Proceeds
1. Every State Party shall take all necessary measures in accordance with its domestic law to force financial authorities that operate under its jurisdiction to investigate the identity of their clients, to take sensible steps to uncover the identity of owners who benefit from money deposited in accounts of high value, and to carry out detailed investigations of the accounts that are required to be opened or kept by or on behalf of individuals assigned or previously assigned to carry out important public office or members of their families or individuals closely associated with them. Such detailed investigation shall be designed in a reasonable manner that allows pinpointing suspicious dealings so as to inform the competent authorities about them. Such investigations shall not be construed as preventing financial authorities from dealing with any legal client.
2. Every State Party, in accordance with its domestic law and guided by the related initiatives taken by regional and international organizations, shall combat money laundering by:
a. Issuing instructions regarding the types of natural and juristic persons that fall under its jurisdiction, the financial authorities whose accounts they are expected to accurately audit, and the types of accounts and transactions to which they are expected to give due concern and the measures to be taken in terms of the opening of accounts and the keeping of the books of these accounts, bearing in mind the measures it is expected to take regarding such accounts.
b. Informing the financial authorities under its jurisdiction, when required and upon a request by another State Party, of the identity of specific natural or juristic persons, and thoroughly examining their accounts in addition to those that the financial authorities can identify in another way.
3. Each State Party shall ensure that its financial authorities keep, for a suitable period, records of the accounts and transactions relevant to the aforementioned persons in paragraph (1) of this Article, provided that these records include at least the identity of the client and as much information as possible on the beneficial owner.
4. With the aim of preventing and unveiling the transfer of illicit revenues as defined in the present Convention, each State Party shall, with the aid of its supervisory and monitoring agencies, adopt effective and appropriate measures to prevent the establishment of banks which have no financial presence and are not part of a financial group subject to supervision. Moreover, State Parties may consider instructing their financial authorities to refuse making or pursuing any business relationship with a correspondent bank with these institutions and to refrain from entering into any business dealings with foreign financial authorities that allow banks without a financial presence and not part of a financial group to use its accounts.
5. Each State Party may, in accordance with its domestic laws, consider drawing up effective methods for financial statement declaration in respect of public employees and setting proper penalties for non-compliance. Each State Party may consider adopting measures allowing its competent authorities to share information with the competent authorities of other State Parties when necessary to investigate illicit revenues, according to the present Convention, and to recover such revenues.
6. Each State Party shall consider adopting the necessary measures, in accordance with its domestic laws, to oblige those public servants who have bank accounts in foreign countries, or signatory power over such accounts, to inform the competent authorities of this relationship and to keep the relevant proper records. These measures shall include penalties for non-compliance.
Article 29
Private Cooperation
Without prejudice to its domestic laws, each State Party shall seek to adopt measures that enable it to transmit, without tampering with its investigation or legal proceedings, information about criminal proceeds, according to the Convention, to another State Party without prior request, if it considers that the disclosure of such information may help the requested State Party to reach conclusions or conduct inquires or legal proceedings or help that State Party file a request under the provisions of this Article.
Article 30
Recovery and Disposal of Assets
1. Assets confiscated by a State Party under Article 7 or Article 21 of the present Convention may be returned by that State Party to their legitimate owner, as provided under paragraph (3) of this Article, according to the present Convention and its domestic laws.
2. Each State Party shall, in accordance with its domestic laws, approve measures that enable its competent authorities, when taking a specific action upon request by another State Party, to return property confiscated under the terms of the present Convention, while safeguarding the rights of bona fide third parties.
3. According to Articles 20 and 21 of the present Convention and paragraphs (1) and (2) of this Article, the requested State Party shall:
a. In case of embezzlement or laundering of public funds, as referred to in sub-paragraphs (h), (k) and ( l ) of Article 4 of the present Convention, when the confiscation is carried out according to Article 21 and based on a final decision issued by the requesting State Party, be duty bound to exclude and return the confiscated property to the requesting State Party.
b. In case of revenues acquired by other illegal means, as indicated in the present Convention, when the confiscation is enforced according to Article 21 of the present Convention and based on a final decision issued in the requesting State Party, be duty bound to exclude and return the confiscated property to the requesting State Party, provided that the latter reasonably proves its previous ownership of the confiscated property to the requesting State Party, or the requesting State Party acknowledges the damage inflicted upon it as a basis to return the confiscated property.
c. In all other cases, consider as a matter of priority the return of the confiscated property to the requesting State Party or return these assets to their previous legal owners, or compensate the victims thereof.
4. The requesting State Party may, when so required and unless otherwise approved by State Parties, deduct reasonable expenses incurred in investigations or legal proceedings leading to the return of the confiscated property or in managing them by virtue of the present Convention.
5. The State Parties, when required, may specifically consider the conclusion of agreements on a case-by-case basis, for a final disposal of the confiscated property.
Article 31
Training and Technical Assistance
1. Each State Party shall introduce, develop or improve training programmes for their officers dealing with corruption. Such training programmes may include:
a. Adopting effective measures to prevent, uncover, investigate, punish and fight corruption using all methods of evidence-gathering and investigation.
b. Building capacities in developing and planning anti-corruption strategies.
c. Training the competent authorities to prepare requests for mutual judicial assistance in line with the Convention’s requirements.
d. Evaluating and supporting institutions, public services departments and public funds departments, including public procurement and the private sector.
e. Preventing and fighting the concealment of illegal revenues according to the present Convention and returning such revenues.
f. Discovering and freezing illegal revenues.
g. Discovering illegal revenues and the tactics used to conceal them.
h. Using proper and effective administrative and legal techniques and tactics to facilitate the return of illegal revenues.
i. Applying methods to protect victims and witnesses who cooperate with the judicial authorities.
j. Training on the enforcement of national and international laws and regulations.
2. State Parties shall consider, when so required, assisting each other in the conduct of assessments, studies and research on the types, causes, effects and costs of corruption in their countries with the aim of drawing up anti-corruption plans of action with the participation of the competent authorities and civil society.
3. The State Parties may provide each other with memoranda of experts who may assist in facilitating the return of illegal revenues.
Article 32
Collection, Exchange and Analysis of Corruption-related Information and Data
1. Each State Party shall seek to analyse rampant corruption in its territory and the circumstances surrounding corruption-based crimes.
2. State Parties shall consider developing data, analytical experience and information relevant to the fight against corruption and sharing such data, analytical experience and information via international and regional organizations, with the aim of identifying joint measures and harmonised methodologies and best practices to prevent and fight corruption.
3. Each State Party shall consider enforcing its anti-corruption measures and strategies and evaluating the efficiency and effectiveness of such measures and strategies.
Article 33
Conference of the Parties
1. The Conference of State Parties to the present Convention shall aim at improving the capacity of State Parties and fostering their cooperation to achieve the goals indicated herein.
2. The Secretary-General of the League of Arab States shall convene the Conference of the Parties one year after the entry into force of the present Convention. Regular meetings of the Conference of the Parties shall thereafter be held according to the Rules of Procedure of the Conference.
3. The Conference of the Parties shall approve its Rules of Procedure and such other regulations governing the activities indicated in this Article, including rules for the approval of observers, membership, and financing of its activities.
4. The Conference of the Parties shall determine its programme of activities, measures and methods to achieve the goals of the Convention including:
a. Facilitating the exchange of information among State Parties on types and trends of corruption and the successful practices to prevent and fight it, and returning the illegal revenues by disseminating the relevant information.
b. Co-operating with the relevant international and regional organizations and non-governmental organizations.
c. Using the relevant information prepared by the international and regional agencies to fight and prevent corruption.
d. Reviewing the implementation of the present Convention by the State Parties.
e. Adopting recommendations to improve the implementation of the present Convention.
f. Identifying the technical assistance needed by the State Parties for the implementation of the present Convention and recommending measures required in this regard.
5. The Conference of the Parties shall receive reports on the measures taken by the State Parties to implement the present Convention and the difficulties they face, through their national reports and the complementary review measures presented by the Conference of the Parties.
6. Each State Party shall provide the other State Parties with its programmes, plans and practices as well as its administrative and legislative measures taken for the implementation of the present Convention as required by the Conference of the Parties. Also, the Conference of the Parties shall consider the best ways to receive information and take measures based on it, including the information received from the State Parties and international organizations, and the Conference of the Parties may also consider the contributions of the relevant approved NGOs according to the actions that the Conference of the Parties may approve.
7. The Conference of the Parties may, if it deems it appropriate, establish any mechanism to assist it in the effective implementation of the Convention.
Article 34
Secretariat
1. The General Secretariat of the League of Arab States shall be the secretariat of the Conference of the Parties.
2. The Secretariat shall:
a. Assist the Conference of the Parties to develop activities for the realization of the aims of the present Convention and take the necessary arrangements to convene the Conference of the Parties and provide the necessary support.
b. Provide information to the Conference of the Parties in accordance with paragraphs (4), (5) and (6) of Article 33 of the present Convention.
c. Coordinate with the secretariat of the relevant international and regional organizations.
Article 35
Final Provisions
1. The competent authorities of the State Parties shall take all necessary measures to implement and give effect to the present Convention.
2. Membership of the present Convention is open to all Arab States for ratification or accession and instruments thereof shall be deposited at the General Secretariat of the League of Arab States within a maximum of 30 days from the date of ratification or accession. The Secretariat General shall inform all State Parties and the secretariats of Arab ministers of interior and justice of every deposition of instruments and the date of deposition.
3. The present Convention shall enter into force 30 days after its ratification by seven Arab States.
4. Any member of the League of Arab States which is not a signatory to the present Convention may ratify it and then become a Party to it 30 days after its depositing of the instrument of accession or ratification at the Secretariat-General of the League of Arab States.
5. The State Parties may consider, where necessary, enacting any bilateral or multilateral convention or protocol arrangements to serve the purpose of the present Convention and put them into effect and support its objectives.
6. Any State Party to the present Convention may suggest any amendment to it. Proposals for amendment shall be transmitted to the Secretariat-General of the League of Arab States who shall then forward them to the Conference of the Parties which shall consider them and strive to adopt them unanimously.
7. Amendments approved according to paragraph (6) of this Article shall be subject to ratification, approval or acceptance by the State Parties. Once approved by the Conference of the Parties, such amendments shall become binding on all State Parties.
8. Any State Party may withdraw from the present Convention by a written request addressed to the Secretariat General of the League of Arab States and such withdrawal shall become effective six months from the date of the withdrawal application. The provisions of the present Convention shall remain applicable to the State Party throughout the duration indicated in this Article.
The present Convention is drawn up in Arabic in Cairo (Egypt) on 21st December 2010, in one (1) original copy deposited at the Secretariat-General of the League of Arab States (Technical Secretariat of Arab Justice Ministers) and an authenticated copy thereof shall be deposited at the Secretariat-General of the League of Arab States (Technical Secretariat of Arab Ministers of Interior), and another authenticated copy shall be remitted to each State Party.
IN WITNESS WHEREOF, the Arab Ministers of Interior and Justice signed the present Convention on behalf of their Governments.
The Signatures of the Arab Ministers of Interior and Justice on the Arab Convention against Corruption State Party
the Arab Ministers of Interior
the Arab Ministers of Justice
Hashemite Kingdom of Jordan
For His Highness/Hisham El Tal
His Highness/Hisham El Tal
United Arab Emirates
For His Highness/ Hadef Bin Go’an Alzahiry
His Highness Dr. Hadef Bin Go’an Alzahiry
Kingdom of Bahrain
His Highness Lieutenant General Sheikh Rashed Bin Abdullah Al Khalifa
His Highness Sheikh Rashed Bin Abdullah Al Khalifa
Tunisian Republic
His Highness Mr./Alazhar Bo ‘Awny
The People’s Democratic Republic of Algeria
H.E. Mr Dahou Ould Kablia
Republic of Djibouti
Signed
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Kingdom of Saudi Arabia
Royal Highness Prince/ Naif Bin Abdel Aziz
H.E. Dr./Mohammed Bin Abd El Karim Bin Abdel Aziz Al’ssa
The Republic of Sudan
H.E. Engineer/ Mahmoud Hamed
H.E. Mr./Mohammed Bishara Dossa
Arab Republic of Syria
H.E. Major General/Sa’id Samour
Somali Republic
Iraqi Republic
H.E. Mr./Gowad Tayeb Al Molany
H.E. Mr./Dara Nour El Din Bahaa Al Din
Sultanate of Oman
H.E. Mr./Se’oud Bin Ibrahim Bin Man’oud Al Borsa’idy
His Highness Sheikh/ Mohamed Bin Abdullah Bin Zaher Alhanany
State of Palestine
H.E. Dr./Sa’id Abdel Rahman Ahmed Abu Ali
H.E. Dr./Ali Khshan
State of Qatar
His Highness Sheikh/Abdullah Bin Nasser Bin Khalifa Al Thany
H.E. Mr./Hassan Bin Abdullah Al Ghanem
United Republic of the Comoros
State of Kuwait
His Highness Sheikh Lieutenant General/Gaber Khaled El Sabah
H.E. Counsellor/Rashed Abdel Mohsen Al Hamad
Lebanese Republic
Libyan Arab Jamahiriya
H.E. Major General/Mawtaher Rashad Al Masry
H.E. Judge/Moustafa Mohammed Abdel Galil
Arab Republic of Egypt
H.E. Mr./Habib Ibrahim El Adly
H.E. Counselor/Mamdouh Mohy Al Din Marei
Kingdom of Morocco
H.E. Mr./Al Tayeb Alsharqawy
H.E. Mr./Mohammed Al Nassery
Islamic Republic of Mauritania
H.E. Mr./Abdeen Wild al Kheir
Republic of Yemen
H.E. Major General/Motaher Rashad Al Masry
H.E. Dr./Ghazy Shaeef Al Aghbary
[C1]NOTE THAT COMMON LAW CONSIDERS PASSAGE OF TIME AS ONE FACTOR IN DETERMINING WHETHER AN OWNER MEANT TO ABANDON PROPERTY BUT IT DOES NOT ESTABLISH SPECIFIC TIME PERIODS BEFORE LOST OR UNUSED PROPERTY IS DEEMED ABANDONED.