Corruption Monitoring

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Corruption Monitoring

• The challenge of the public sector

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Corruption Monitoring

• The legal environment
• Inter-American Convention against Corruption,
  1996
• Convention on the Fight against Corruption
  involving Officials of the European Communities
  or Officials of member States of the European
  Union, 1997
• OECD Convention on Combating Bribery of Foreign
  Public Officials in International Business
  Transactions, 1997
• CoE Criminal Law Convention on Corruption, 1999
• CoE Criminal Law Convention on Corruption, 1999
• African Union Convention on Preventing and
  Combating Corruption, 2003

3
Corruption Monitoring

• Systems of implementation
• OECD gt peer review
• Council of Europe
• Civil Law Convention gt GRECO
• peer review on selected issues

4
Corruption Monitoring

• The addressee
• ALWAYS THE STATE
• OECD Convention Each Party
• CoE Conventions Each Party
• UNCAC Each State Party

5
Corruption Monitoring

• The subject Public official
• OECD Convention on Combating Bribery (art.1 para.
  4(a))
• CoE Criminal Law Convention on Corruption (art. 1
  para.1)
• UNCAC (art. 2(a))

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Corruption Monitoring

• The means Criminalisation
• From the generic
• It is a criminal offence under national law
  for any person intentionally to offer, promise or
  give any undue pecuniary or other advantage,
  whether directly or through intermediaries, to a
  foreign public official, for that official or
  for a third party, in order that the official act
  or refrain from acting in relation to the
  performance of official duties in order to obtain
  or retain business or other improper advantage in
  the conduct of international business
• OECD Convention, art.1 para.1

7
Corruption monitoring

• The means Criminalisation
• to the specific
• UNCAC Shall adopt
• Article 15 Bribery of national public officials
• Article 16 Bribery of foreign public officials
  and officials of public international
  organisations
• Article 17 Embezzlement, misappropriation or
  other diversion of property by a public official
• Article 23 Laundering of proceeds of crime
• Article 25 Obstruction of justice

8
Corruption Monitoring

• The means Criminalisation
• to the putative
• UNCAC Shall consider adopting
• Article 18 Trading in influence
• Article 19 Abuse of functions
• Article 20 Illicit enrichment
• Article 21 Bribery in the private sector
• Article 22 Embezzlement of property in the
  private sector
• Article 24 Concealment

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Corruption Monitoring

• Indicia of monitoring
• A. The offence
• Liability, including that of legal persons
• Prosecution any discretionary legal powers
  exercised to maximise the effectiveness of law
  enforcement measures (UNCAC, art. 30 para.3)
• Sanctions effective, proportionate and
  dissuasive criminal penalties (OECD Convention,
  art. 3 para.1)

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Corruption Monitoring

• Indicia of monitoring
• B. The tools
• Freezing, seizure and confiscation
• Protection of witnesses, experts and victims
• Protection of reporting persons

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Corruption Monitoring

• Indicia of monitoring
• C. The aftermath
• Reversal of consequences
• CoE Civil Convention on Corruption
• UNCAC, art. 34
• Compensation for damage

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Corruption Monitoring

• UNCAC Preventive measures
• Article 5 Effective coordinated anticorruption
  policies
• Article 7 Efficiency, transparency and objective
  criteria in the public sector
• Article 8 Integrity, honesty and responsibility
  among public officials Codes of conduct
• In particular
• Article 8(5) Declaration of assets by public
  officials

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Corruption Monitoring

• UNCAC Preventive measures (contd)
• Article 11 Integrity and elimination of
  opportunities of corruption for the judiciary and
  the prosecution services
• Article 9 Procurement based on transparency,
  competition and objective criteria in
  decision-making
• Article 14 Comprehensive domestic regulatory and
  supervisory regime for banks and non bank
  financial institutions

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Corruption Monitoring

• UNCAC Preventive measures (contd)
• Article 10 Transparency in the public
  administration
• Article 12 Private sector transparency and
  cooperation with the public authorities
• Article 13 Civil society

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Corruption monitoring

• What indicia?
• National Anti-Corruption Bodies?
• BUT once there, always there?
• Peer review?
• BUT to what global standard?
• Third party review, e.g. Secretariat?
• BUT accountability?