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

PREVENTIVE MEASURES

Art.5-14

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)

Division for Treaty Affairs

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

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

ASSET RECOVERY

Art.51-59

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)

Division for Treaty Affairs

Obligation to Enable Confiscation of

Proceeds of Crime

Domestically & Upon Request from Another Party

Confiscation of Proceeds of Crime

Domestically Art.31Internationally Art.55

Division for Treaty Affairs

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 AND INFORMATION EXCHANGE

Art.60-62

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

Division for Treaty Affairs

Thank you for your kind attention