Law-No06-01-on-the-Prevention-and-the-Fight-against-Corruption-UT

**Unofficial Translation**

Algeria Law No. 06-01 on the Prevention and the Fight against Corruption The President of the Republic, Given the Constitution, in particular Articles 119, 120, 122-7 °, 126 and 132; Given the UN Convention against Corruption, adopted by the UN General Assembly in New York on 31 October 2003, ratified with reservations, by Presidential Decree No. 04-128 dated 29 Safar 1425 corresponding to 19 April 2004; Considering Ordinance No. 97-09 of 27 Shawwal 1417 corresponding to March 6, 1997 Organic Law on Political Parties; Given Organic Law No. 04-11 of 21 Rajab 1425 corresponding to 6 September 2004 on the status of the judiciary; Given Organic Law n ° 04-12 of 21 Rajab 1425 corresponding to 6 September 2004 laying down the composition, functions and powers of the Higher Council of the Judiciary; Having regard to Ordinance n ° 66-133 of 2 June 1966, as amended and supplemented, on the general status of the public; Having regard to Ordinance n ° 66-155 of 8 June 1966, as amended and supplemented, on the Code of Criminal Procedure; Having regard to Ordinance n ° 66-156 of June 8, 1966, as amended and supplemented, on the Criminal Code; Considering Ordinance No. 75-58 of 26 September 1975, as amended and supplemented, on the Civil Code; Considering Ordinance No. 75-59 of 26 September 1975, as amended and supplemented, on the Commercial Code; Pursuant to Law No. 79-07 of 21 July 1979, as amended and supplemented, on the Customs Code; Pursuant to Law No. 84-17 of 17 July 1984, as amended and supplemented, on finance laws; Pursuant to Law No. 90-21 of 15 August 1990, as amended and supplemented, relating to public accounting; Having regard to Ordinance n ° 96-22 of 23 Safar 1417 corresponding to July 9, 1996, as amended and supplemented, relating to the punishment of the offense to the laws and regulations of foreign exchange and capital movements to and from the abroad; Considering the order of 97-04 2 Ramadhan 1417 corresponding to 11 January 1997 on the declaration of assets; Having regard to Ordinance No. 03-11 of 27 Jumada Ethania 1424 corresponding to August 26, 2003 on money and credit; Having regard to Act n ° 05-01 of Dhu Al Hijja 1425 27 corresponding to 6 February 2005 on the prevention and fight against money laundering and terrorist financing; After consulting the Council of State;

After adoption by the Parliament;

TITLE I GENERAL PROVISIONS Object Article 1. This Act aims to: • • •

strengthen measures to prevent and combat corruption; promote integrity, accountability and transparency in the management of public and private sectors; facilitate and support international cooperation and technical assistance for the prevention and fight against corruption, including in asset recovery.

Terminology Art. 2. . Within the meaning of this Act, the term: a) "Corruption" means any offense under Title IV of this Act. b) "Public official": 1   any person holding a legislative, executive, administrative, judicial, or at a local People's Assembly elected, whether appointed or elected, whether permanent or temporary, that it is paid or not, and regardless of the hierarchical level or seniority; 2nd any other person of a function or a warrant, even temporary, paid or unpaid, and contributes as such, the service of a public agency or public enterprise, or any other company which the State owns all or part of its share capital, or any other company providing a public service; 3rd defined as any person or public official who is treated in accordance with the laws and regulations. c) "Foreign public official" means any person holding a legislative, executive, administrative or judicial from a foreign country, whether appointed or elected, and any person exercising a public function for a foreign country, including for a public agency or public enterprise; d) "Official of a public international organization" means an international civil servant or any person authorized by such an organization to act on its behalf; e) "Entity" organized set of tangible or intangible assets or natural or legal persons, which pursues a specific objective; f) "Goods" means all types of assets, tangible or intangible, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to such assets or rights thereto; g) "Proceeds of crime" means any property derived directly or indirectly from the commission of an offense or obtained, directly or indirectly, by the principal; h) "Freezing" or "seizure" shall mean temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property by order of a court or other competent authority; i) "Confiscation" shall mean the permanent deprivation of property by order of a judicial authority;

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j) "Predicate offense" shall mean any offense as a result of which proceeds have been generated that may become the subject of money laundering in accordance with the legislation in force relating thereto; k) "Controlled delivery" means the technique of allowing the exit from national territory, the passage or entry of illegal shipments or suspected of being, knowledge and under the supervision of the competent authorities to investigate of an offense and the identification of persons involved in the commission; l) "Convention" means the United Nations Convention to fight against corruption; m) "Board" means the body of national prevention and fight against corruption.

PART II PREVENTIVE MEASURES IN THE PUBLIC SECTOR Recruitment Art. 3. In the system of recruitment of civil servants and public sector to manage their careers, it is taken into account the following rules: 1st principles of efficiency, transparency and objective criteria such as merit, equity and aptitude, 2nd to select appropriate procedures and training of individuals for public positions considered especially vulnerable to corruption, 3rd addition adequate treatment, adequate compensation, 4th develop education and training appropriate to allow public officials to perform their duties in a correct, honorable and proper and have them get specialized training that raises awareness of the risks of corruption.

The declaration of assets Art. 4. It is the obligation of declaration of assets by public officials to ensure the transparency of the political and administrative life as well as the protection of public property and the preservation of the dignity of persons charged with a public mission.

The official declaration of assets purchased in the month following the date d.installation or the exercise of his elective office.

In the event of a substantial change of its heritage, the public official shall immediately, and in the same manner, the renewal of the original statement.

The declaration of assets is also established at the end of term or termination of activity.

The contents of the declaration of assets Art. 5. The declaration of assets provided for in Article 4 above, focuses on inventory real and personal property located in Algeria and / or abroad, of which he is himself the owner including the ownership, as well as those belonging to his minor children.

Such declarations shall be established according to a model laid down by regulation.

Modalities of declaration of assets Art. 6. The declaration of assets by the President of the Republic, the Parliament, the President and members of the Constitutional Council, the Chief and members of the Government, the President of the 3

Court of Auditors, the Governor of the Bank of Algeria, ambassadors and consuls and walis occurs with the first president of the Supreme Court and is being published in the Official Gazette of the People's Democratic Republic of Algeria within two (2) months after their election or inauguration.

The declaration of assets presidents and elected members of local people is done before the body and is advertised by posting a month at the headquarters of the municipality or the province, as appropriate.

The declaration of assets of judges is made with the first president of the Supreme Court.

The terms of the declaration of assets for other public officials are determined by regulation.

Codes of conduct for public officials.

Art. 7. . In order to strengthen the fight against corruption, the State, elected bodies, local authorities, institutions and public bodies and public undertakings whose economic activities are to promote integrity, honesty and accountability of their elected officials and their adopting particular, codes and rules of conduct for the correct, honorable and proper performance of public functions and elective.

Art. 8. . When the private interests of a public official coincide with the public interest and are likely to influence the normal exercise of its functions, it shall inform the supervisory authority.

The procurement Art. 9. . Procedures applicable procurement beings must be based on transparency, fair competition and objective criteria.

As such, they contain in particular: • dissemination of information concerning the procedures for public procurement; • the prior establishment of conditions for participation and selection; • precise and objective criteria for making decisions concerning the award of public contracts; • the exercise of any remedy in case of non-compliance of procurement.

Management of public finances Art. 10. Appropriate measures to promote transparency, accountability and rationality in the management of public finances are taken in accordance with the laws and regulations, particularly in the rules relating to the preparation and execution of the budget State.

Transparency in relations with the public Art. 11. In order to promote transparency in governance, institutions, administrations and public bodies are required mainly: • • • • •

adopt procedures and regulations that allow users to obtain information on the organization and functioning of the decision-making processes of public administration, simplify administrative procedures, publish information awareness on the risks of corruption in public administration, respond to inquiries and complaints from citizens, reasons for their decisions when they are unfavorable to the citizen and to specify the remedies in place.

Measures concerning the magistracy Art. 12. . In order to protect the body of the judiciary risks of corruption, rules of conduct are established in accordance with the laws, regulations and other applicable laws.

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Private sector Art. 13. Measures prohibiting the corruption in the private sector are taken and disciplinary effective, appropriate and dissuasive are provided, where appropriate, in the event of non-compliance with these measures.

Measures taken to this effect must in particular include: 1st strengthening of cooperation between law enforcement and private entities; 2nd promote the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for business and all relevant professions operate in a way correct, honorable and adequate to prevent conflicts of interest and to encourage the use of good commercial practices among businesses and in the contractual relations with the state; 3rd promoting transparency among private entities; 4th preventing the misuse of procedures regulating private entities; 5th implementation of internal audits to private companies.

Accounting Standards Art. 14. . Accounting standards and audit-used in the private sector must contribute to the prevention of corruption by prohibiting: 1st the establishment of off-book accounts; 2nd the-books or inadequately identified transactions; 3rd the recording of non or liabilities whose object is not correctly identified; 4th the use of false documents; 5th intentional destruction of records before the end of the period provided by law and regulations.

The participation of civil society Art. 15. The participation of civil society in the prevention and fight against corruption is encouraged through: • • •

transparency of decision making and the promotion of citizen participation in the management of public affairs; education programs, education and awareness on the dangers of corruption to society; effective access to the media and the public to information about corruption subject to the protection of privacy, honor, dignity and the imperatives of national security, public order, as well as impartiality of the judiciary.

Measures to prevent money laundering Art. 16. To strengthen the fight against corruption, banks, nonbank financial institutions, including natural or legal persons providing formal or informal services for the transmission of money or value, are subject, in accordance with the laws and regulations force, an internal system of controls to deter and detect all forms of money laundering.

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PART III NATIONAL BODY OF PREVENTION AND CONTROL OF CORRUPTION The institution of the body to prevent and fight against corruption Art. 17. For the implementation. Practice of the national strategy of corruption, it is established a body to the prevention and fight against corruption.

The legal system of the body Art. 18. . The body is an independent administrative authority enjoying legal personality and financial autonomy, placed to the President of the Republic.

Composition, organization and operating procedures of the body are set by regulation.

Autonomy of the body Art. 19. The autonomy of the body is guaranteed, in particular, by taking the following measures: 1st the swearing in of members and officials of the body empowered to access personal data and, in general, any confidential information prior to installation in their duties.

The oath is set by regulation.

2nd Staffing organ in human and material resources needed to accomplish these tasks; 3rd adequate training and high-level personnel within the body; 4th safety and protection of members and officials of the body against any form of pressure or intimidation, threats, insult, insults or attacks of any nature whatsoever which they may be subjected during or during the performance of their duties.

Missions of the body Art. 20. The body is responsible, including: 1st To propose a comprehensive policy for the prevention of corruption embodies the principles of rule of law and reflecting the integrity, transparency and accountability in the management of public affairs and public property; 2nd need to provide guidance for the prevention of corruption to any person or public or private organization and recommend measures, including legislative and regulatory prevention of corruption and cooperate with public and private stakeholders in the development of rules of conduct; 3rd Develop programs for education and public awareness on the harmful effects of corruption; 4th Collect, centralize and use any information that can be used to detect and prevent acts of corruption, including in the following legislation, regulations, procedures and administrative practices, factors of corruption, to make recommendations to eliminate them; 5th periodically evaluate relevant legal instruments and administrative measures in the field to determine their effectiveness in the field of prevention and fight against corruption; 6th Collect periodically and subject to Article 6 (paragraphs 1 and 3) above, the declaration of assets of public officials, to examine and use the information they contain and to ensure their conservation; 7th From the Crown use to collect evidence and to conduct investigations on corruption;

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8th Ensure the coordination and monitoring of activities and actions undertaken in the field based on regular and periodic reports, accompanied by statistics and analysis relating to the field of prevention and fight against corruption that put to sectors and stakeholders; 9th Ensure strengthening intersectoral coordination and development of cooperation with entities fight against corruption, both at national and international level; 10th To foster all research and evaluation of the actions undertaken in the field of prevention and fight against corruption.

Disclosure of documents and information to the body Art. 21. As part of the exercise of the tasks referred to in Article 20 above, the member may request to governments, institutions and public or private bodies or natural or legal person to disclose any document or information it deems useful for the detection of corruption.

Deliberate and unjustified refusal to communicate to the body of the information and / or documents is an offense of obstruction of justice within the meaning of this Act. The relationship of the body with the legal authority Art. 22. When the body finds facts that may constitute a breach of the criminal law, the matter is referred to the Minister of Justice, Keeper of the Seals, which captures the Attorney General responsible for setting public action, the appropriate.

Professional secrecy Art. 23. All members and officials of the body, even after cessation of activity, are required to maintain professional secrecy.

Any breach of the duty referred to in the preceding paragraph is an offense punishable by the same penalties under the Penal Code for the disclosure of professional secrecy.

The presentation of the annual report Art. 24. . The body addressed to the President of the Republic an annual evaluation of activities related to the prevention and fight against corruption, shortcomings in this area, and the proposed recommendations, if any.

TITLE IV OF INCRIMINATIONS, SANCTIONS AND MEANS OF INVESTIGATION Of bribery Art. 25. Shall be punished with imprisonment for a term of two (2) to ten (10) years and a fine of 200,000 DA DA Ă 1.000.000: 1st The promise of offering or giving to a public official, directly or indirectly, of an undue advantage, whether for himself or for another person or entity, in order that the official act or refrain from perform an act in the exercise of its functions; 2nd The fact that a public official to solicit or accept, directly or indirectly, of an undue advantage, for himself or for another person or entity, in order that the official act or refrain from an act relating to his duties.

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Unfair advantages in procurement.

Art. 26. Shall be punished with imprisonment for a term of two (2) to ten (10) years and a fine of 200,000 DA DA Ă 1.000.000: 1st Any public official who passes or is reviewing a contract, an agreement, a contract or amendment in violation of laws and regulations in order to provide an unfair advantage to others; 2nd Any commercial, industrial, artisan, private contractor, or in general, any natural or legal person that passes, even occasionally, a contract or a contract with the State, local authorities, institutions or organizations public law, public enterprises, public institutions and economic industrial and commercial building on the authority or influence of the agents of the aforementioned organizations to increase their prices normally and customarily or modify, their advantage, the quality of food or service or delivery or supply.

Corruption in public procurement Art. 27. Is punished by imprisonment of ten (10) to twenty (20) years and a fine of 1,000,000 to 2,000,000 DA DA any public official who, during the preparation, negotiation, the conclusion or performance of a contract, or contract amendment concluded on behalf of the State or local government or public establishments of an administrative or public establishments of an industrial and commercial public enterprises or economic, or perceived attempts to collect, directly or indirectly, for himself or for a third party, remuneration or advantage of any kind whatsoever.

Bribery of foreign public officials and officials of public international organizations Art. 28. Shall be punished with imprisonment for a term of two (2) to ten (10) years and a fine of 200,000 DA DA Ă 1.000.000: 1st The promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage, for himself or for another person or entity in order to carry out or refrain from acting in the exercise of its functions in order to obtain or retain business or other improper advantage in connection with the trade or otherwise.

2nd The fact that a foreign public official or an official of a public international organization solicit or accept, directly or indirectly, of an undue advantage, for himself or for another person or entity, in order that the or refrain from doing an act relating to his duties.

Subtraction or unlawful use of property by a public official Art. 29. . Shall be punished by imprisonment for a term of two (2) to ten (10) years and a fine of 200,000 to 1,000,000 DA, public officials, withholds, destroys, removes or retains knowingly and improperly for its own benefit or for the benefit of another person or entity, any property, funds or securities, public or private, or anything of value that were delivered either under or by virtue of his office.

Of concussion Art. 30. Is guilty of extortion and sentenced to imprisonment for two (2) to ten (10) years and a fine of 200,000 to 1,000,000 DA DA, any public official who solicits, receives, demands or orders to collect, it he can not be due or exceed what is due either to itself or to the administration or to the parties for whom he receives.

Exemptions and deductibles illegal Art. 31. Shall be punished by imprisonment for a term of five (5) to ten (10) years and a fine of 500,000 DA DA Ă 1.000.000 any public official who has, in any form whatsoever, for any reason whatsoever 8

without authority of law, granted or ordered to receive exemptions and duty exemptions, taxes or public or made free delivery of the products of state institutions.

Influence peddling Art. 32. Shall be punished by imprisonment for a term of two (2) to ten (10) years and a fine of 200,000 DA DA Ă 1.000.000: 1st The promise, offering or giving to a public official or any other person, directly or indirectly, of an undue advantage, so that said agent or person abuse his real or supposed influence with a view to obtaining from an administration or public authority, an undue advantage for the original instigator of the act or for any other person.

2nd The fact that a public official or any other person, solicit, accept, directly or indirectly, of an undue advantage for himself or for another person to abuse his real or supposed influence with a view to to obtaining from an administration or public authority an unfair advantage.

Abuse of office Art. 33. Shall be punished by imprisonment for a term of two (2) to ten (10) years and a fine of 200,000 DA DA Ă 1.000.000, the fact that a public official intentionally abusing office or position in performing or refraining from acting in the exercise of his duties, an act in violation of laws and regulations to obtain an undue advantage for himself or for another person or entity.

Conflict of interest Art. 34. Non-compliance by the official of the provisions of Article 9 of this Act is liable to imprisonment for a term of six (6) months to two (2) years and a fine of 50,000 to 200,000 DA DA. The unlawful taking of interest Art. 35. Shall be punished by imprisonment for a term of two (2) to ten (10) years and a fine of 200,000 to 1,000,000 DA DA, any public official who, either directly or through other persons or simulated act, will taken, received or retained any interest whatsoever in the proceedings, auctions, bids, companies which he had at the time of the act or any part of the administration or supervision or who, having the mission schedule payment or make a liquidation case, it has taken any interest.

Fault or false declaration of assets Art. 36. Is punished by imprisonment of six (6) months to five (5) years and a fine of 50,000 DA DA Ă 500.000 any public official, legally subject to a declaration of assets, which two (2) months after a reminder by law, knowingly has not made a declaration of his assets, or makes a statement incomplete, inaccurate or false, or knowingly made false representations or who has deliberately violated the obligations imposed by law.

Illicit enrichment Art. 37. Shall be punished by imprisonment for a term of two (2) to ten (10) years and a fine of 200,000 to 1,000,000 DA DA, any public official who can not reasonably justify a substantial increase in its assets relative to its income legitimate.

The same penalty enacted for the offense of concealment under this Act, any person who has knowingly contributed by any means whatsoever to conceal the illicit origin of the property referred to in the preceding paragraph.

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The illicit enrichment, referred to in paragraph 1 of this article, is a continuing offense characterized by the possession of illicit goods or their use of a direct or indirect way.

Gifts Art. 38. Is punished by imprisonment of six (6) months to two (2) years and a fine of 50,000 to 200,000 DA DA, made by a public official to accept a person a gift or any undue advantage may can influence the processing of a procedure or transaction related to its functions.

The donor is liable to the same penalties referred to in the preceding paragraph.

The secret funding of political parties Art. 39. Without prejudice to the penal provisions on the financing of political parties, any occult operation intended to finance a political party is punishable by imprisonment for a term of two (2) to ten (10) years and a fine of 200,000 DA DA to 1000000.

Corruption in the private sector Art. 40. . Shall be punished by imprisonment of six (6) months to five (5) years and a fine of 50,000 to 500,000 DA DA: 1st the promise, offering or giving, directly or indirectly, of an undue advantage to anyone who runs a private sector entity or works for such an entity, in any capacity whatsoever, for its himself or for another person to act or refrain from acting in breach of his duties; 2nd the fact that a person who runs a private sector entity or works for such an entity, in any capacity whatsoever, solicit or accept, directly or indirectly, of an undue advantage for itself or another person or entity to act or refrain from acting in breach of his duties.

Of embezzlement in the private sector Art. 41. . Shall be punished by imprisonment of six (6) months to five (5) years and a fine of 50,000 to 500,000 DA DA, anyone who runs a private sector entity or works for such an entity, in any capacity whatsoever and intentionally in the course of economic, financial or commercial, subtracts any property or private funds or securities or any other thing of value that have been released because of his duties.

The laundering of proceeds of crime Art. 42. The laundering of proceeds of crime under this Act is liable to the same penalties under the legislation in this area.

Concealment of Art. 43. Shall be punished by imprisonment for a term of two (2) to ten (10) years and a fine of 200,000 DA DA Ă 1.000.000, any person who knowingly conceals all or part of the products obtained using of an offense under this Act. Of obstruction of justice Art. 44. Shall be punished by imprisonment of six (6) months to five (5) years and a fine of 50,000 to 500,000 DA DA: 1st the fact resorting to physical force, threats or intimidation or the promise, offering or giving of an undue advantage to induce false testimony or to prevent testimony or the elements evidence in any proceedings in relation to offenses established in accordance with this Act;

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2nd the fact resorting to physical force, threats or intimidation to interfere with the investigation in relation to the commission of offenses established in accordance with this Act. 3rd denying knowingly and without justification to equip the body of documents and information required.

Protection of witnesses, experts, victims and whistleblowers Art. 45. Shall be punished by imprisonment of six (6) months to five (5) years and a fine of 50,000 to 500,000 DA DA, anyone who resorts to revenge, intimidation or threat in any form or in any manner whatsoever against the person of witnesses, experts, whistleblowers or victims or their parents or other persons close to them.

Denunciation of abuse Art. 46. Is punished by imprisonment of six (6) months to five (5) years and a fine of 50,000 to 500,000 DA DA, whoever, knowingly, and by any means whatsoever, is a denunciation of abuse offenses under this Act, the competent authorities, against one or more persons.

Non-reporting of offenses Art. 47. . Shall be punished by imprisonment of six (6) months to five (5) years and a fine of 50,000 to 500,000 DA DA, any person who, by its function or profession, permanent or temporary, becomes aware of one or more offenses under this Act, and does not notify in time the competent public authorities.

Aggravating Art. 48. If the author of one or more offenses under this Act is a magistrate, exercising a higher official of the State, public officer, member of the governing body, officer, police officer or judicial prerogatives with police or clerk, he incurs a penalty of imprisonment of ten (10) to twenty (20) years subject to the same penalty provided for the offense.

The exemption and reduction of sentences Art. 49. Has an absolving excuse under the conditions provided for in the Penal Code, any person author or accomplice of one or more offenses under this Act, before any suit, has revealed a violation of administrative or judicial authorities or bodies involved and to identify the persons involved.

Except as provided in the preceding paragraph, the maximum penalty for anyone perpetrator or accomplice to an offense under this Act who, after the commencement of proceedings, has facilitated the arrest of one or several other people involved, will be halved.

Additional penalties Art. 50. In case of conviction for one or more offenses under this Act, the court may impose one or more additional penalties under the Penal Code.

Gel seizure and confiscation Art. 51. Revenues and illicit goods from one or more offenses under this Act may beings seized or frozen by court order or by the competent authority.

In case of conviction for offenses under this Act, the court shall, subject to the refund of assets or rights of bona fide third parties, confiscation of illegal income and assets.

The court further orders the restitution of misappropriated property or the value of the interest or gain obtained even if such property has been sent to the ascendants, descendants, collateral, spouse and

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relatives of the condemned and they have remained in their natural state or processed in some other property whatsoever.

Participation and attempt Art. 52. The provisions relating to complicity under the Penal Code are applicable to offenses under this Act. Attempted offenses under this Act is punishable by penalties for the offense.

The responsibility of the legal person Art. 53. Criminal liability of the legal person is held for offenses under this Act, in accordance with rules prescribed by the Penal Code.

The prescription Art. 54. Notwithstanding the provisions of the Criminal Procedure Code, the prosecution and punishment of offenses under this Act are inalienable in the event the proceeds of crime have been transferred outside the country.

In other cases, it is applied the rules laid down by the Code of Criminal Procedure.

However, with regard to the offense under section 29 of this Act, the limitation period for public action is equivalent to the maximum penalty.

Consequences of corruption Art. 55. Any contract, transaction, license, concession or authorization induced by the commission of an offense under this Act may be declared null and void by the court subject to the rights of bona fide third parties.

Of special investigative techniques Art. 56. To facilitate the collection of evidence of offenses under this Act may be resorted to, in an appropriate manner, and authorization of the judicial authority, the controlled delivery and other special investigative techniques such as electronic surveillance or infiltration.

Evidence gathered through these techniques faith in accordance with the laws and regulations.

TITLE V INTERNATIONAL COOPERATION AND ASSET RECOVERY Mutual legal assistance Art. 57. Subject to reciprocity and provided that treaties, agreements and arrangements and laws permit, the MLA is the widest particularly to States Parties to the Convention, with respect to investigations, prosecutions and judicial proceedings in relation corruption offenses under this Act. Prevention, detection and transfer of proceeds of crime Art. 58. To detect financial transactions related to corruption, and without prejudice to the legal provisions relating to money laundering and terrorist financing, banks and nonbank financial institutions shall, in accordance with the regulations:

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1st comply with data on natural or legal persons to whose accounts financial institutions should apply enhanced scrutiny, the types of accounts and transactions to which to pay attention, and action on the opening and maintenance of such accounts and the recording of transactions; 2nd consider the information communicated to them through their relationship with foreign authorities regarding the identity of particular natural or legal persons that they will strictly monitor the accounts; 3rd for a period of five (5) years minimum from the date of the last transaction recorded therein, keep adequate records of accounts and transactions involving the persons mentioned in the first and second paragraphs of this article, which statement shall contain such information as to the identity of the client and to the extent possible to the beneficial owner.

Relationships with banks and financial institutions Art. 59. The purpose of preventing and detecting transfers of proceeds of corruption, banks that have no physical presence and that are not affiliated with a regulated financial group will not be allowed to settle in Algeria.

Banks and financial institutions operating in Algeria are not allowed to have relationships with foreign financial institutions that accept their accounts to be used by banks that have no physical presence and that are not affiliated with a financial group regulated.

Communication of information Art. 60. On the occasion of the ongoing investigations on their territories and in the course of proceedings to claim and recover proceeds of offenses under this Act, the competent national authorities may communicate with foreign authorities similar relevant financial information that they have.

Financial account domiciled abroad Art. 61. Public officials with an interest in an account in a foreign country, right or delegation of signature or other authority over that account are required, under threat of disciplinary action, and without prejudice to criminal penalties, to report to the authorities competent and maintain appropriate records related to such accounts.

Measures for direct recovery of property Art. 62. Algerian courts have jurisdiction over civil actions undertaken by States Parties to the Convention to see to recognize the existence of a right of ownership of property acquired consecutively to corruption.

The court proceedings initiated under the first paragraph of this Article may order persons convicted of corruption to pay civil damages to the requesting State for the damage that has been caused.

In all cases where a confiscation order may be imposed, the court shall take measures necessary to protect the rightful ownership claimed by another State party to the Convention.

Recovery of property through international cooperation for purposes of confiscation Art. 63. . Foreign judicial decisions ordering the confiscation of property acquired through an offense under this Act, or means for its commission, are binding on the national territory in accordance with established rules and procedures.

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In deciding, under the law, a money laundering offense or another offense within its jurisdiction, the court may order the confiscation of foreign goods acquired through one of the offenses under this Act, or for their commission.

Confiscation of property referred to in the preceding paragraph is pronounced even in the absence of a criminal conviction because of the termination of the proceedings or for any other reason whatsoever.

Freezing and seizure Art. 64. Accordance with established procedures and request the competent authorities of a State Party to the Convention whose courts or competent authorities have ordered the freezing or seizure of goods produced for an offense under this Act or property, equipment or other instrumentalities used or intended to be used to commit these offenses, the courts or authorities competent authorities may order the freezing or seizure of the property where there is sufficient reason to take such measures and the subsequent confiscation of such property is obvious.

The competent court may take the measures referred to in the preceding paragraph on the basis of evidence including the arrest or indictment of a foreign defendant.

The application referred to in the first paragraph of this article are routed according to the procedure laid down in Article 67 below. They are submitted by the prosecution to the competent court which shall act in accordance with the procedures established in chambers.

The lifting of measures Art. 65. Cooperation for purposes of confiscation under this Act may be refused or provisional measures may be waived if the requesting State does not transmit timely enough evidence or if the property which is sought confiscation of minimal value.

However, before lifting any provisional measure, the requesting State may be invited to present arguments in favor of continuing the measure.

Requests for international cooperation for purposes of confiscation Art. 66. In addition to the documents and information required to be contained in requests for assistance in accordance with bilateral and multilateral agreements and legislation, applications submitted by a State Party to the Convention for confiscation or decide to run, must mention the case according to the following indications: 1st When demand tends to impose measures to freezing or seizure, or measures a statement of facts relied upon by the requesting State and a description of the actions requested and, when available, certified copy of the original decision on which the application is based.

2nd When the application tends to make an order of forfeiture, a description of the property to be confiscated, including, to the extent possible, where they are and, as appropriate, their estimated value and a sufficiently detailed statement of the facts relied upon by the requesting State to allow national courts to make a confiscation order in accordance with existing procedures.

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3rd When demand tends to enforce a confiscation order, a statement of facts and information as to the extent it is required to execute the decision, a statement specifying the measures taken by the State to notify applicant as appropriate third parties in good faith and due process, and a statement that the confiscation order is final.

Procedure of international cooperation for purposes of confiscation Art. 67. Demand for confiscation of proceeds of crime, property, equipment or other instrumentalities referred to in article 64 of this law, located on the national territory, made by a State Party to the Convention shall be addressed directly to the Ministry of Justice for transmission to the Attorney General at the competent court.

The Crown submits the request accompanied by his submissions to the competent court.

The court's decision is subject to appeal and appeal in accordance with the law.

Confiscation in response to requests made pursuant to this article shall be executed by the Crown by all legal means.

Execution of confiscation orders made by foreign courts Art. 68. Confiscation ordered by the court of a State party to the Convention are routed through the channel provided for in article 67 above and are executed according to the rules and procedures within the application to the extent as they relate to the proceeds of crime, property, equipment or means used for commission of offenses under this Act. Special cooperation Art. 69. Information on proceeds of offenses established in accordance with this Act may, without prior request, be disclosed to a State party to the Convention, where such information might assist the receiving State to initiate or conduct an investigation, prosecution or judicial proceeding or could lead to the presentation by the State of a request for confiscation.

The disposition of confiscated property Art. 70. When confiscation is imposed under this title, the disposition of confiscated property is under the relevant treaties and legislation.

TITLE VI MISCELLANEOUS AND FINAL PROVISIONS Art. 71. Are repealed provisions contrary to this Act and in particular Articles 119, 119 bis 1, 121, 122, 123, 124, 125, 126, 126a, 127, 128, 128 bis, 128 bis 1, 129, 130, 131 , 133 and 134 of Ordinance No. 66156 June 8, 1966, referred to above, as well as the order n   97-04 of 11 January 1997 referred to above.

Art. 72. Any reference in the legislation in force, repealed sections is replaced by their corresponding items in this Act as follows: • • • • • •

Articles 119 and 119 bis of the Penal Code repealed 1 are replaced by section 29 of this Act; Article 121 of the Criminal Code is replaced by the repealed section 30 of this Act; Article 122 of the Criminal Code is replaced by the repealed section 31 of this Act; Articles 123, 124 and 125 of the Penal Code repealed are replaced by section 35 of this Act; Articles 126, 126a, 127 and 129 of the Penal Code are replaced by section 25 of this Act; Article 128 of the Criminal Code is replaced by in Article 32 of this Act; 15

• •

Article 128 bis of the Criminal Code is replaced by section 26 of this Act; Article 128 bis 1 of the Criminal Code is replaced by section 27 of this Act.

With regard to the legal proceedings, all references to repealed provisions in the preceding paragraph shall be replaced by the articles of this Act subject to the provisions of clause 2 of the Criminal Code.

Art. 73. This law shall be published in the Official Journal of the Republic Democratic Republic of Algeria.

Done at Algiers on 21 Moharram 1427 corresponding to 20 February 2006.

Abdelaziz Bouteflika.

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