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United Nations Convention against Corruption

United Nations Convention against Corruption. VIENTIANE, LAOS MAY 2010. Implementation. Preventive Measures. Technical Assistance Information Exchange. Criminalization Law Enforcement. Asset Recovery. International Cooperation. Aims and Structure of Convention.

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United Nations Convention against Corruption

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  1. United Nations Convention against Corruption VIENTIANE, LAOS MAY 2010

  2. Implementation Preventive Measures Technical Assistance Information Exchange Criminalization Law Enforcement Asset Recovery International Cooperation 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

  3. PART II: CRIMINAL OFFENCES PART IV: CRIMINALISED PROCEDURAL OFFENCES PART V: DOMESTIC COOPERATION CRIMINAL COOPERATION PROCEEDS COOPERATION MUTUAL SUPPORT UNCAC PART I: PREVENTION PART III: PROCEEDS OF CRIME/ASSET RECOVERY ALIGNING THE FUNCTIONS

  4. NO DEFINITION OF CORRUPTION • Broad and Comprehensive Definition of Public Officials • Any Person Holding a Legislative, Executive, Administrative or Judicial Office • Any Person Performing a Public Function or Providing a Public Service • Any Other Person So Defined in the Domestic Law of State Party Use of Terms (Art.2)

  5. INSTITUTIONS BODIES OR BODIES for NATIONAL ANTI-COORUPTION STRATEGY (Art. 6) FINANCIAL INTELLIGENCE UNIT (Art. 58) AGENCY, UNIT or PERSON(S) IN A LAW ENFORCEMENT CONTEXT (Art. 36) OTHER INSTITUTIONS BY IMPLICATION

  6. PREVENTIVE MEASURES Art.5-14

  7. Anti-Corruption Policies and Bodies Requirements Art.6 Art.5 Implement Effective and Coordinated Anti-Corruption Policies Ensure the Existence of Bodies for Art. 6

  8. Preventive Measures in Public Sector (Art. 5-14) Transparency Integrity Accountability Management of HR Codes of Conduct Public Procurement and Management of Public Finances Election candidates Party Finance Integrity of Judiciary and Prosecution Service

  9. Preventive Measures in Private Sector (Art. 12) 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

  10. 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)

  11. CRIMINALIZATION Art.15-42

  12. 5 Mandatory Offences 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) 6 Other Criminal 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) Mandatory and Other Criminal Offences

  13. Money Laundering (Art.23) Conversion or Transfer of Proceeds of Crime Concealment or Disguise of Proceeds of Crime Mandatory Offences Acquisition, Possession or Use of Proceeds of Crime Participation, Association, Conspiracy, Attempt… Subject to Basic Concept of Legal System

  14. Use of Physical Force, Threats or Intimidation or Promising, Offering or Giving Undue Advantage Use of Physical Force, Threats or Intimidation To Interfere with Exercise of Duties of Judicial or Law Enforcement Officials To Interfere with Giving Evidence or Testimony Obstruction of Justice (Art.25) and Protection of Witnesses (Arts. 32-35) Effective Protection from Potential Retaliation or Intimidation Protection against Any Unjustified Treatment

  15. Cooperation with Law Enforcement Authorities (Art. 37) • Measures to encourage persons who have participated in the commission of an offence to supply useful information and cooperte with competent authorities • Possibility of mitigating punishment or granting immunity from prosecution for person who provides substantial cooperation • Ad hoc arrangements with other States Parties to extend this treatment if person is located in another country

  16. Bank Secrecy (Art. 40) Ensure appropriate mechanism to overcome obstacles that may arise out of application of bank secrecy laws

  17. Optional Mandatory Offenders or Victims Are Nationals No Safe Haven for Offenders Offence on Territory, Vessel or Aircraft Offence against State Offender not Extradited Because of Nationality Participation of Laundering Outside Territory Aimed at Laundering in Territory Jurisdiction (Art.42)

  18. INTERNATIONAL COOPERATION Art.43 - 50

  19. Ensure that All Convention Offences are Extraditable Offence between States Parties 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

  20. Widest Measures of Mutual Legal Assistance in Investigations, Prosecution and Legal Proceedings in relation to Convention Offences • Designate Central Authority to Receive, Execute and 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 Mutual Legal Assistance (Art.46)

  21. Cooperation in Inquiries Special Investigative Techniques (Art.50) Channels of Communicationand Information Exchange (Art.48) Joint Investigation (Art.49) Other Cooperation Measures

  22. ASSET RECOVERY Art.51-59

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

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

  25. 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

  26. Combating Corruption; Support from UNODC UNCAC self-assessment checklist clinic Strengthening State Institutions International Cooperation Prevention Asset Recovery Enforcement (prosecution, legal reform, Investigation)

  27. IMPLEMENTATION RATIFICATION SELF-ASSESSMENT CHECKLIST And.. BEYOND THE CHECKLIST

  28. For further information: United Nations Office on Drugs and CrimeRegional Centre for East Asia and the PacificUN Secretariat BuildingRajdamnern Nok AvenueBangkok 10200Thailand http://www.unodc.org/eastasiaandpacific

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