Post on 18-Mar-2018
Division for Treaty Affairs
Aims and Structure of Convention
PreventiveMeasures
InternationalCooperation
AssetRecovery
Technical AssistanceInformation Exchange
Implementation
CriminalizationLaw Enforcement
3. Integrity, Accountability and Proper Management of Public Affairs and Property
1. Prevent and Combat Corruption More Efficiently and Effectively
2. International Cooperation & Technical Assistance including Asset Recovery
Division for Treaty Affairs
Use of Terms (Art.2)
No Definition of Corruption
Broad and Comprehensive Definition of Public Officials
1. Any Person Holding a Legislative, Executive, Administrative or Judicial Office
2. Any Person Performing a Public Function or Providing a Public Service
3. Any Other Person So Defined in the Domestic Law of State Party
Division for Treaty Affairs
Art.6Art.6
Ensure the Existence of Anti-Corruption Bodies
Anti-Corruption Policies and Bodies
Requirements
Implement Effective and Coordinated Anti-Corruption
Policies
Art.5Art.5
Division for Treaty Affairs
Preventive Measures(Art. 5-14)
TransparencyIntegrity
Accountability
Codes of Conduct (Art.8)
Public and Private Sectors Civil Society (Art.9)
Integrity of Judiciary and Prosecution Service (Art.11)
Prevention of Money-Laundering (Art. 14)
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Comprehensive Preventive Measures in
Private Sector
Preventive Measures in Private Sector
Enhanced Accounting and Auditing Standards
Prohibition of Off-the-Book Account and other
Acts
No Tax Deductibility of Expenses Constituting
Bribes
Effective, Proportionate and Dissuasive Civil, Administrative
or Criminal Penalties
Division for Treaty Affairs
Other Preventive Measures
Participation of Society • Ensure Active Participation of Civil
Society (Art.13 (1))
• Provide Public Access to Anti-Corruption Bodies (Art.13 (2))
• Encourage Citizens to Report on Offences (Art.39)
Prevention of Money-Laundering • Establish Comprehensive Regulatory
and Supervisory Regime
• Ensure Internal and International Cooperation (Art.14)
Division for Treaty Affairs
Cases of Grand Corruption
More Than the Foreign DebtMobuto, Zaire US $ 5 billon
More than double the GDP3-4 times the Foreign Debt
Nigerian kleptocrats US $ 100 billion
87% of the Annual Government Budget
Duvaliers, HaitiUS $ 500 million
How can we bring this money
back?
If $100 million were returned to any developing country:
�10 million pesticide-treated mosquito-nets could be provided
�600,000 people living with HIV/AIDS could receive treatment
�100 million malaria-treatment kits could be purchased
�4 million children could receive full immunization
�250,000 households could be provided with water connections
�240 kilometres of two-line paved road could be built
Division for Treaty Affairs
International Cooperation
Mandatory Offences
Optional Offences
Narrow Dual Criminality Requirements
In MLAs
Question of Dual Criminality
Possibility of Extending Cooperation in Civil and
Administrative Proceedings Related to Corruption
Division for Treaty Affairs
Extradition (Art.44)
Ensure that All Convention Offences are Extraditable
Offence between States Parties
Either “Extradite or Prosecute”
Own Nationals
Enabling departure fromDouble criminality
Grounds of RefusalExpedite proceedings-
Simplify evidentiaryrequirements
Fair treatmentDiscrimination clause
No Refusal forFiscal OffencesConsultation before
Refusal
UNCAC as legal basis:No political offence
Division for Treaty Affairs
Mutual Legal Assistance (Art.46)
Widest Measure of Mutual Legal Assistance in Investigations,
Prosecutions and Judicial Proceedings in Relation to
Convention Offences
• Designation of Central Authority to Receive, Execute or Transmit Request
•No Refusal of MLA on the Ground of Bank Secrecy
•MLA can be Provided in the Absence of Dual Criminality for Non-Coercive
Measures
Division for Treaty Affairs
Other Cooperation Measures
Joint Investigations
(Art.49)
Special Investigative Techniques (Art.50)
Law Enforcement cooperation (Art.48)
Channels of Communication and Information Exchange
(Art.48)
Transfer of sentenced
persons (Art.45) Transfer of criminal
Proceedings (Art.47)
Division for Treaty Affairs
Asset Recovery – Major Breakthrough
Measures to Prevent and Detect Transfer of Proceeds (Art.52)
Return of Assets as Fundamental Principle
(Art.51)
Measures for DirectRecovery of
Property (Art.53)
Measures for Recovery of Property through
International Cooperation (Art.54 - 55)
Measures for Return andDisposal of Assets (Art.57)
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Obligation to Enable Confiscation of
Proceeds of Crime
Domestically & Upon Request from Another Party
Confiscation of Proceeds of Crime
Domestically Art.31Internationally Art.55
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Return of Assets (Art.57)
Other Cases
Proceeds of Other Offences Covered by UNCAC
Embezzled Public Funds from the State
Return Depending on How Closely the Assets were Linked to the Requesting State Party
Return to the State
Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return
May be Returned to the Requesting State Party, a Prior Legitimate Owner or
Used for Compensating Victims
Division for Treaty Affairs
Other Mechanisms
Prevention and Detection (Art.52)
•Prevent Illicit Transfers
•Generate Records for Eventual Trace and Confiscation
Direct Recovery (Art.53)
•Provide Direct Recovery in Civil or Other Proceedings
Comprehensive Framework for International Cooperation (Art.54-55)
•Incorporate More General MLAs Requirements,
Mutatis Mutandis
Division for Treaty Affairs
Direct Recovery of Property (Art.53)
Courtsshall be allowed to
Courtsshall be allowed to
Recognize, in confiscation decisions, another party’s claim as legitimate owner of property
Courtsshall be allowed to
Order corruption offenders to pay compensation to another state party
States partiesshall be allowed to
States partiesshall be allowed to
Initiate civil action in another party’s
courts to establish ownership of
property acquired through corruption
Division for Treaty Affairs
Technical Assistance & Information Exchange (Art.60-62)
Criminal JusticeAnd
Institution-Building
Technical Assistance and Exchange of Information
Training Programmes
Studies, Research and Evaluation
Assistance to Developing Countries and
Countries in Transition
Voluntary ContributionsUN Funding MechanismPercentage of Proceeds
of Crime