United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for...

United Nations Convention against Corruption

United Nations Office on Drugs and CrimeDivision for Treaty Affairs

South East Asia Parliamentarians against Corruption

Manila, 31 March – 1 April 2005

Division for Treaty Affairs29 Mar 2005

Corruption --- Multi-dimensional Challenge

Human Rights

Democracy

Rule of Law

MarketsQuality of Life

Human Security

Sustainable Development

CORRUPTION


Corruption – A Global Threat

Cost of corruption exceeds by far the damage caused by any other

single crime

• World Bank – More than 1 trillion US$ is paid in bribes a year

• Asian Development Bank – Cost of corruption = up to 17% of GDP

• The harm exceeds the proceeds – US$ 1 bribes = US$ 1.7 damage


Cases of Grand Corruption

More Than the Foreign DebtMobuto, Zaire US $ 5 billon

More than double the DGP3-4 times the Foreign Debt

Nigerian kleptocrats US $ 100 billion

87% of the Annual Government Budget

Duvaliers, HaitiUS $ 500 million


Negotiations ProcessAdoption 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)

7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants

Adoption of the United Nations Convention against Corruption (A/RES/58/4)

High-level Political Signing Conference in Merida, Mexico

2000

2002

2003

2001Terms of Reference – Intergovernmental Open-ended Expert Group Meeting


Status of Convention

High-level Political Signing Conference

At Merida, 9-11 December 2003

Open for Signature

at UNHQ in NY until 9 Dec. 2005

98

118

1 1 1 2 2 2 2 4 6 9101315151818

0102030405060708090

100110120130

Dec

-03

Mar

-04

Jun-

04

Sep-

04

Dec

-04

Mar

-05

Signature Ratification


Signatures and Ratifications

Signatories in Africa 37

Algeria Benin EgyptKenya

MadagascarMauritius

Namibia Nigeria

Sierra Leone South Africa

Uganda

Signatories in Asia 25

Signatories in Eastern Europe 14

Signatories in Western Europe & Others 22

Signatories in Latin America 20

El SalvadorMexico

Peru

JordanSri Lanka

Belarus Romania

No Ratifications


Palermo and Merida Conventions

0 0 0 0 0 02 2 2 3 3 4

6 7 7 8

1 1 1 2 2 2 24

6

9 10

1315 15

18 18

0

5

10

15

20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

Months

Rat

ifica

tions

Palermo Convention Merida Convention


Palermo and Merida Conventions

Entry into Force of Palermo

Entry into Force of Merida

18

05

1015202530354045

1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31

Months

Rat

ifica

tions

Palermo Convention Merida Convention


HIGHLIGHTS OF THE CONVENTION


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


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)


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


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)


Criminalization and Law Enforcement (Art.15-42)

Bribery of National Public Officials (Art.15)Active Bribery of Foreign Public Officials (Art.16)Embezzlement, Misappropriation and Other Diversion of Property (Art.17)Money Laundering (Art.23)Obstruction of Justice (Art.25)

Mandatory Offences

Passive Bribery of Foreign Public Official (Art.16)Trading in Influence (Art.18)Abuse of Function (Art.19)Illicit Enrichment (Art.20)Bribery in Public Sector (Art.21)Embezzlement in Public Sector (Art.22)

Other Offences

Prosecution and Adjudication (Art.30)Protection of witnesses, victims and reporting persons (Art.32-33)Cooperation with law enforcement authorities (Art.37)Compensation for damage (Art.35)Jurisdiction (Art.42)

Law Enforcement


Obstruction of Justice (Art.25)Use of Physical Force, Threats or

Intimidation

or

Promising, Offering or Giving Undue Advantage

To Induce False Testimony or To Interfere in the Giving Testimony or

Producing Evidence

Use of Physical Force, Threats or Intimidation

To Interfere with Exercise of Duties of Judicial or Law Enforcement

Officials


International Cooperation (Art.43-50)

Extradition (Art.44)

Mutual Legal Assistance (Art.46)

Transfer of Sentenced Persons (Art.45)

Transfer of Criminal Proceedings (Art.47)

Law Enforcement Cooperation and Joint Investigations (Art.46-50)


International Cooperation

Mandatory Offences

Optional Offences

Narrow Dual Criminality Requirements

In MLAs

Question of Dual Criminality


Asset Recovery (Art.51-59)– 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/Confiscation (Art.54-55)

Return andDisposal of Assets (Art.57)


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


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


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 & 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


Mechanisms for Implementation (Art.63-64)

COSP to Address Criminalization of Passive Bribery of Officials of

International Organizations

Well before COSP 18th Ad Hoc Committee

To Prepare Draft Rules of Procedure

Within 1 Year from Entry into ForceCOSP 1

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

Entry into Force


Road Ahead

Promotion of Ratification

Entry into Force

Conference of States Parties

Effective ImplementationFull Compliance

Universal Ratification


For further information:

Crime Conventions SectionDivision for Treaty AffairsUnited Nations Office on Drugs and

CrimeP.O.Box 500 ViennaA-1400 AustriaTel: +43-1-26060-4272Fax: +43-1-26060-6711http://www.unodc.org/unodc/en/

crime_convention_corruption.html

[email protected]


Thank you for your kind attention

and

See you soon in Bangkok for the

Eleventh United Nations Congress on Crime Prevention and Criminal

Justice (18-25 April 2005)

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