United Nations Convention against Corruption

1
United Nations Convention against Corruption

• United Nations Office on Drugs and Crime
• Regional Office South Asia
• Nimesh Jani

2
Negotiations Process
Adoption of United Nations Convention against
Transnational Organized Crime -Creation of the Ad
Hoc Committee for the Negotiations of a new
Convention against corruption (A/RES/55/61)
2000
Terms of Reference Intergovernmental Open-ended
Expert Group Meeting
2001
7 sessions of the Ad Hoc Committee held in Vienna
with over 120 States participants
2002
2003
Adoption of the United Nations Convention against
Corruption (A/RES/58/4) High-level Political
Signing Conference in Merida, Mexico
3
Status of ratification in South Asia and Globally
Global Ratifications
170 out of possible 195
Country Ratification Status Review status
Bangladesh 27/02/07 2009 year 1
Bhutan N/A signed 15/09/05 N/A
India 09/05/11 2013 year 4
Maldives 22/03/07 2013 year 4
Nepal 31/03/11 2013 year 4
Sri Lanka 31/03/04 2012 year 3
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Overview of 8 Chapters

• Chapter 1 General Provisions
• Chapter 2 Preventative measures
• Chapter 3 Criminalisation/law enforcement
• Chapter 4 International cooperation
• Chapter 5 Asset Recovery
• Chapter 6 Technical assistance and info
  exchange
• Chapter 7 Mechanisms for implementation
• Chapter 8 Final provisions

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Aims and Structure of Convention
1. Prevent and Combat Corruption More Efficiently
and Effectively
2. International Cooperation Technical
Assistance including Asset Recovery
3. Integrity, Accountability and Proper
Management of Public Affairs and
Property
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Use of Terms (Art.2)
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• PREVENTIVE MEASURES
• Art.5-14

8
Anti-Corruption Policies and Bodies

• Requirements

9
Preventive Measures(Art. 5-14)
Transparency Integrity Accountability
Codes of Conduct (Art.8)
Public and Private Sectors Civil Society (Art.9)
Prevention of Money-Laundering (Art. 14)
Integrity of Judiciary and Prosecution Service
(Art.11)
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Preventive Measures in Private Sector
Enhanced Accounting and Auditing Standards
Effective, Proportionate and Dissuasive Civil,
Administrative or Criminal Penalties
Comprehensive Preventive Measures in Private
Sector
Prohibition of Off-the-Book Account and other Acts
No Tax Deductibility of Expenses Constituting
Bribes
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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)

12

• CRIMINALIZATION
• Art.15-25

13
Mandatory and Other Criminal Offences
14
Other Criminal Offences (Art.18-22)
Passive Bribery of Foreign Public Officials
or Officials of Intl Org (Art.16)
Embezzlement in Private Sector (Art.22)
Trading in Influence (Art.18)
Bribery in Private Sector (Art.21)
Abuse of Function (Art.19)
Illicit Enrichment (Art.20)
15
Protection of Witness and Reporting Persons
(Art.32-35)
16
Jurisdiction (Art.42)
17
Extradition (Art.44)
Either Extradite or Prosecute Own Nationals
Conditional Surrender of Nationals to be
Returned to Serve Sentence
Grounds of Refusal
Harmonization with Existing Treaties and Domestic
Law
No Refusal on Sole Fiscal Ground
Human Rights
Consultation before Refusal
18
Mutual Legal Assistance (Art.46)
19
Other Cooperation Measures
20

• INTERNATIONAL COOPERATION
• Art.43 - 50

21
International Cooperation
Question of Dual Criminality
Mandatory Offences
Optional Offences
Narrow Dual Criminality Requirements In MLAs
22

• ASSET RECOVERY
• Art.51-59

23
Asset Recovery Major Breakthrough
Measures to Prevent and Detect Transfer of
Proceeds (Art.52)
Measures for Direct Recovery of Property (Art.53)
Return of Assets as Fundamental
Principle (Art.51)
Measures for Return and Disposal of Assets
(Art.57)
Measures for Recovery of Property through
International Cooperation (Art.54 - 55)
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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

25
Confiscation of Proceeds of Crime
Internationally Art.55
Domestically Art.31
26
Direct Recovery of Property (Art.53)
27

• TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE
• Art.60-62

28
Technical Assistance Information Exchange
(Art.60-62)
Technical Assistance and Exchange of Information
Criminal Justice And Institution-Building
Voluntary Contributions UN Funding
Mechanism Percentage of Proceeds of Crime
Training Programmes
Studies, Research and Evaluation
Assistance to Developing Countries and
Countries in Transition
29

• IMPLEMENTATION
• Art.63-64

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Mechanisms for Implementation (Art.63-64)

• Promote, Facilitate and Review
• Implementation
• Make recommendation
• Facilitate Information Exchange

31

• ROAD AHEAD AND UNODC ACTIVITIES

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UNCAC Review Mechanism

• Established in 3rd CoSP 2009 resolution 3/1
• 2 cycles of 5 years
• Cycle 1 (2010 to 2015) looking at chapters 3 and
  4
• Cycle 2 (2015 to 2020) looking at chapter 2 and 4
  

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Goals of IRM

• Promote purposes of UNCAC
• Provide CoSP with info and difficulties
• Identify technical assistance needs
• Promote and facilitate international cooperation
• Promote and facilitate exchange of information,
  practices and experiences

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Approach of IRM

• Impartial
• Inter-governmental
• Transparent
• Non-intrusive
• Inclusive
• Not produce any form of ranking

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Thank you for your kind attention