Division for Treaty Affairs Aims and Structure of Convention Preventive Measures International Cooperation Asset Recovery Technical Assistance Information

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


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


PREVENTIVE MEASURES

Art.5-14


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


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)


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


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)



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:If $100 million were returned to any developing country:

10 million pesticide-treated mosquito-nets could be provided600,000 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 connections240 kilometres of two-line paved road could be built


ASSET RECOVERY

Art.51-59


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


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

RefusalUNCAC as legal basis:

No political offence


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


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)


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)


Obligation to Enable Confiscation of

Proceeds of Crime

Domestically & Upon Request from Another Party

Confiscation of Proceeds of Crime

Domestically Art.31 Internationally Art.55


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


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


Direct Recovery of Property (Art.53)

Courts shall be allowed to


Recognize, in confiscation decisions, another party’s claim as legitimate owner of property



Order corruption offenders to pay compensation to another state party

States parties shall be allowed to

States parties shall be allowed to

Initiate civil action in another party’s courts to establish ownership of property acquired through corruption


TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE

Art.60-62


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


Thank you for your kind attention

Documents

Division for Treaty Affairs Aims and Structure of Convention Preventive Measures International Cooperation Asset Recovery Technical Assistance Information