---
kind: "section"
citation: "22 U.S.C. § 10503"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "10503"
heading: "Minimum standards for the elimination of corruption and assessment of efforts to combat corruption"
release: "119-102"
url: "https://uscodex.org/usc/22/10503"
units:
  - "Chapter 112 — Combating Global Corruption"
---

# §10503. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption

- (a) **In general—** The government of a country is complying with the minimum standards for the elimination of [corruption](/usc/22/10501.md?p=3) if the government—
  - (1) has enacted and implemented laws and established government structures, policies, and practices that prohibit [corruption](/usc/22/10501.md?p=3), including [significant corruption](/usc/22/10501.md?p=4);
  - (2) enforces the laws described in [paragraph (1)](#a-1) by punishing any person who is found, through a fair judicial process, to have violated such laws;
  - (3) prescribes punishment for [significant corruption](/usc/22/10501.md?p=4) that is commensurate with the punishment prescribed for serious crimes; and
  - (4) is making serious and sustained efforts to address [corruption](/usc/22/10501.md?p=3), including through prevention.
- (b) **Factors for assessing government efforts to combat corruption—** In determining whether a government is making serious and sustained efforts to address [corruption](/usc/22/10501.md?p=3), the Secretary of State shall consider, to the extent relevant or appropriate, factors such as—
  - (1) whether the government of the country has criminalized [corruption](/usc/22/10501.md?p=3), investigates and prosecutes acts of [corruption](/usc/22/10501.md?p=3), and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts;
  - (2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate [corruption](/usc/22/10501.md?p=3), including nationals of the country who are deployed in [foreign](/usc/22/3146.md?p=1) military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate [significant corruption](/usc/22/10501.md?p=4);
  - (3) whether the government of the country has adopted measures to prevent [corruption](/usc/22/10501.md?p=3), such as measures to inform and educate the public, including potential victims, about the causes and consequences of [corruption](/usc/22/10501.md?p=3);
  - (4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning [corruption](/usc/22/10501.md?p=3), including the investigation, prosecution, and conviction of such officials;
  - (5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat [corruption](/usc/22/10501.md?p=3), including reporting, investigating, and monitoring;
  - (6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding [corruption](/usc/22/10501.md?p=3) cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect);
  - (7) whether the government of the country is assisting in international investigations of transnational [corruption](/usc/22/10501.md?p=3) networks and in other cooperative efforts to combat [significant corruption](/usc/22/10501.md?p=4), including, as appropriate, cooperating with the governments of other countries to extradite [corrupt actors](/usc/22/10501.md?p=2);
  - (8) whether the government of the country recognizes the rights of victims of [corruption](/usc/22/10501.md?p=3), ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by [corrupt actors](/usc/22/10501.md?p=2), government officials, or others;
  - (9) whether the government of the country protects victims of [corruption](/usc/22/10501.md?p=3) or whistleblowers from reprisal due to such persons having assisted in exposing [corruption](/usc/22/10501.md?p=3), and refrains from other discriminatory treatment of such persons;
  - (10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of [corruption](/usc/22/10501.md?p=3);
  - (11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action [Task Force](/usc/22/7102.md?p=14) recommendations, including due diligence and beneficial ownership transparency requirements;
  - (12) whether the government of the country is facilitating [corruption](/usc/22/10501.md?p=3) in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and
  - (13) such other information relating to [corruption](/usc/22/10501.md?p=3) as the Secretary of State considers appropriate.
- (c) **Assessing government efforts to combat corruption in relation to relevant international commitments—** In determining whether a government is making serious and sustained efforts to address [corruption](/usc/22/10501.md?p=3), the Secretary of State shall consider the government of a country’s compliance with the following, as relevant:
  - (1) The Inter-American Convention against [Corruption](/usc/22/10501.md?p=3) of the Organization of American States, done at Caracas March 29, 1996.
  - (2) The Convention on Combating Bribery of [Foreign](/usc/22/3146.md?p=1) Public Officials in International Business Transactions of the Organisation of[^1] Economic Co-operation and Development, done at Paris December 21,[^2] 1997 (commonly referred to as the “Anti-Bribery Convention”).
  - (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000.
  - (4) The United Nations Convention against [Corruption](/usc/22/10501.md?p=3), done at New York October 31, 2003.
  - (5) Such other treaties or conventions ratified by the [United States](/usc/22/1395.md?p=a-1) as the Secretary of State considers appropriate.

## Footnotes

[^1]: So in original. Probably should be “for”.
[^2]: So in original. Probably should be “17,”.

## Source credit

(Pub. L. 118–31, div. E, title LIV, § 5404, Dec. 22, 2023, 137 Stat. 945.)