2. Measures to the same effect as those taken pursuant to paragraph 1 of
this article may be introduced and applied within the prosecution service in
those States Parties where it does not form part of the judiciary but enjoys
independence similar to that of the judicial service.
Article 12.
Private sector
1. Each State Party shall take measures, in accordance with the fundamental principles of its domestic law, to prevent corruption involving the
private sector, enhance accounting and auditing standards in the private sector
and, where appropriate, provide effective, proportionate and dissuasive civil,
administrative or criminal penalties for failure to comply with such measures.
2.
Measures to achieve these ends may include, inter alia:
(a) Promoting cooperation between law enforcement agencies and
relevant private entities;
(b) Promoting the development of standards and procedures designed to
safeguard the integrity of relevant private entities, including codes of conduct
for the correct, honourable and proper performance of the activities of business
and all relevant professions and the prevention of conflicts of interest, and for
the promotion of the use of good commercial practices among businesses and
in the contractual relations of businesses with the State;
(c) Promoting transparency among private entities, including, where appropriate, measures regarding the identity of legal and natural persons involved
in the establishment and management of corporate entities;
(d) Preventing the misuse of procedures regulating private entities, including procedures regarding subsidies and licences granted by public authorities for commercial activities;
(e) Preventing conflicts of interest by imposing restrictions, as appropriate and for a reasonable period of time, on the professional activities of former
public officials or on the employment of public officials by the private sector
after their resignation or retirement, where such activities or employment relate
directly to the functions held or supervised by those public officials during their
tenure;
(f) Ensuring that private enterprises, taking into account their structure
and size, have sufficient internal auditing controls to assist in preventing and
detecting acts of corruption and that the accounts and required financial statements of such private enterprises are subject to appropriate auditing and certification procedures.
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