United Nations Convention against Corruption (2003)
背景：第五十八屆聯(lián)合國大會于2003年10月31日通過《反腐敗公約》，2003年12月9日起開放簽署，公約將在第30個簽署國批準(zhǔn)后第90天生效。這是聯(lián)合國歷史上通過的第一部指導(dǎo)國際反腐敗斗爭的法律文件。中國已于2003年12月10日簽署了此公約。公約分八章七十一條，對如下問題作了法律規(guī)范：“腐敗”的概念，“公職人員”的概念和其他相關(guān)的概念，挪用或轉(zhuǎn)用犯罪、財產(chǎn)非法增加罪、賄賂外國官員和國際組織官員行為的定罪、“雙重犯罪原則”的適用、在引渡合作中不將腐敗犯罪視為“政治犯罪”、被非法轉(zhuǎn)移國外資產(chǎn)的追回機(jī)制、被追繳資產(chǎn)的返還或處置、被追繳資產(chǎn)的“分享”等，從而為世界各國政府執(zhí)行對各種腐敗行為的定罪、懲處、責(zé)任追究、預(yù)防、國際法律合作、資產(chǎn)追回以及履約監(jiān)督機(jī)制提供了法律依據(jù)。 現(xiàn)摘錄公約中第十四條預(yù)防洗錢的措施，第二十三條對犯罪所得的洗錢行為和第五十八條金融情報機(jī)構(gòu)。
Article 14
Measures to prevent money-laundering
1. Each State Party shall:
(a) Institute a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons that provide formal or informal services for the transmission of money or value and, where appropriate, other bodies particularly susceptible to money-laundering, within its competence, in order to deter and detect all forms of money-laundering, which regime shall emphasize requirements for customer and, where appropriate, beneficial owner identification, record-keeping and the reporting of suspicious transactions;
(b) Without prejudice to article 46 of this Convention, ensure that administrative, regulatory, law enforcement and other authorities dedicated to combating money-laundering (including, where appropriate under domestic law, judicial authorities) have the ability to cooperate and exchange information at the national and international levels within the conditions prescribed by its domestic law and, to that end, shall consider the establishment of a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of information regarding potential money-laundering.
2. States Parties shall consider implementing feasible measures to detect and monitor the movement of cash and appropriate negotiable instruments across their borders, subject to safeguards to ensure proper use of information and without impeding in any way the movement of legitimate capital. Such measures may include a requirement that individuals and businesses report the cross-border transfer of substantial quantities of cash and appropriate negotiable instruments.
3. States Parties shall consider implementing appropriate and feasible measures to require financial institutions, including money remitters[1]:
(a) To include on forms for the electronic transfer of funds[2] and related messages accurate and meaningful information on the originator[3];
(b) To maintain such information throughout the payment chain; and
(c) To apply enhanced scrutiny[4] to transfers of funds that do not contain complete information on the originator.
4. In establishing a domestic regulatory and supervisory regime under the terms of this article, and without prejudice to any other article of this Convention, States Parties are called upon to use as a guideline the relevant initiatives of regional, interregional and multilateral organizations against money-laundering.
5. States Parties shall endeavour to develop and promote global, regional, subregional and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat money-laundering.
Article 23
Laundering of proceeds of crime
1. Each State Party shall adopt, in accordance with fundamental principles of its domestic law, such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:
(a) (i) The conversion or transfer of property, knowing that such property is the proceeds of crime, for the purpose of concealing or disguising the illicit origin of the property or of helping any person who is involved in the commission of the predicate offence to evade the legal consequences of his or her action;
(ii) The concealment or disguise of the true nature, source, location, disposition, movement or ownership of or rights with respect to property, knowing that such property is the proceeds of crime;
(b) Subject to the basic concepts of its legal system:
(i) The acquisition, possession or use of property, knowing, at the time of receipt, that such property is the proceeds of crime;
(ii) Participation in, association with or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article.
2. For purposes of implementing or applying paragraph 1 of this article:
(a) Each State Party shall seek to apply paragraph 1 of this article to the widest range of predicate offences;
(b) Each State Party shall include as predicate offences at a minimum a comprehensive range of criminal offences established in accordance with this Convention;
(c) For the purposes of subparagraph (b) above, predicate offences shall include offences committed both within and outside the jurisdiction of the State Party in question. However, offences committed outside the jurisdiction of a State Party shall constitute predicate offences only when the relevant conduct is a criminal offence under the domestic law of the State where it is committed and would be a criminal offence under the domestic law of the State Party implementing or applying this article had it been committed there;
(d) Each State Party shall furnish copies of its laws that give effect to this article and of any subsequent changes to such laws or a description thereof to the Secretary-General of the United Nations;
(e) If required by fundamental principles of the domestic law of a State Party, it may be provided that the offences set forth in paragraph 1 of this article do not apply to the persons who committed the predicate offence.
Article 58
Financial intelligence unit
States Parties shall cooperate with one another for the purpose of preventing and combating the transfer of proceeds of offences established in accordance with this Convention and of promoting ways and means of recovering such proceeds and, to that end, shall consider establishing a financial intelligence unit to be responsible for receiving, analysing and disseminating to the competent authorities reports of suspicious financial transactions.
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[1] remitter [ri5mitE] 匯款業(yè)務(wù)機(jī)構(gòu), 匯款人
[2] electronic transfer of funds:電子轉(zhuǎn)賬。指任何基于發(fā)起人的利益（自然人或法人），由金融機(jī)構(gòu)通過電子方式進(jìn)行的交易。這使得在另一個金融機(jī)構(gòu)的受益人能夠獲得一筆資金。發(fā)起人和受益人可能是同一個人。
[3] originator[E`rIdVEneItE(r)] 發(fā)起人。發(fā)起人是賬戶的持有者。如果沒有賬戶，發(fā)起人指要求金融機(jī)構(gòu)進(jìn)行電子轉(zhuǎn)賬的人(自然人或法人)。
[4] scrutiny[5skru:tini] 詳細(xì)審查
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