United Nations Convention against Corruption United Nations Office

United Nations Convention against Corruption United Nations Office on Drugs and Crime Regional Office – South Asia Nimesh Jani

Negotiations Process 2000 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) 2001 Terms of Reference – Intergovernmental Openended Expert Group Meeting 2002 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants 2003 Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico

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

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

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 Implementation Technical Assistance nformation Exchange Asset Recovery Preventive Measures Criminalization Law Enforcement International Cooperation

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

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

Preventive Measures(Art. 5 -14) Codes of Conduct (Art. 8) Public and Private Sectors Civil Society (Art. 9) Transparency Integrity Accountability Integrity of Judiciary and Prosecution Service (Art. 11) Prevention of Money-Laundering (Art. 14

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 Offthe-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes

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 Art. 15 -25

Mandatory and Other Criminal Offences 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 Obstruction of Justice (Art. 25) Passive Bribery of Foreign Public Official (Art. 16) Trading in Influence (Art. 18) Abuse of Function (Art. 19) Illicit Enrichment (Art. 20) Bribery in Private Sector (Art. 21) Embezzlement in Private Sector (Art. 22)

Other Criminal Offences (Art. 1822) Passive Bribery of Foreign Public Officials or Officials of Int’l Org (Art. 16) Trading in Influence (Art. 18) Embezzlement in Private Sector (Art. 22) Bribery in Private Sector (Art. 21) Abuse of Function Illicit Enrichment (Art. 19) (Art. 20)

Protection of Witness and Reporting Persons (Art. 32 -35) In Accordance with its Domestic Legal System and within its Means Protection of Reporting Persons Protection against Any Unjustified Treatment Protection of Witness, Experts and Victims Effective Protection from Potential Retaliation or Intimidation Optional

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

Extradition (Art. 44) Either “Extradite or Prosecute” Ensure Own Nationals Conditional Surrender of Nationals to be that. Returned All to Serve Sentenc Convention Offences are Extraditable Offence between States Parties Harmonization with Existin Grounds of Refusal Human Treaties No Refusal on Sole Rights Fiscal Ground Consultation before Refusal and Domestic La

Mutual Legal Assistance (Art. 46) 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

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

INTERNATIONAL COOPERATION Art. 43 - 50

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

ASSET RECOVERY Art. 51 -59

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 Recovery of Property through International Cooperation (Art. 54 - 55) Measures for Return and Disposal of Assets (Art. 5

Other Mechanisms Prevention and Detection (Art. 52) • Prevent Illicit Transfers • Generate Records for Eventual Trace and Con Direct Recovery (Art. 53) • Provide Direct Recovery in Civil or Other Proc Comprehensive Framework for International Cooperation (Art. 54 -55) • Incorporate More General MLAs Requirements Mutatis Mutandis

Confiscation of Proceeds of Crime Obligation to Enable Confiscation of Proceeds of Internationally Art. 55 Crime Domestically Art. 31 Domestically & Upon Request from Another Party

Direct Recovery of Property (Art. 53) States parties shall be allowed to Initiate civil action in another party’s courts to establish ownership of property acquired through corruption Courts Order corruption offenders to shall be allowed to pay compensation to another state party Courts Recognize, in confiscation shall be allowed to decisions, another party’s claim as legitimate owner of property

TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art. 60 -62

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

IMPLEMENTATION Art. 63 -64

Mechanisms for Implementation (Art. 63 -64) • Promote, Facilitate and Review Implementation COSP to Address Criminalization of • Make recommendation • Facilitate Information Exchange Passive Bribery of Officials of International Organizations COSP 1 Within 1 Year from Entry into Fo 8 th Ad Hoc Committee To Prepare Draft Well before COSP 1 Rules of Procedure Entry into Force 14 Dec 2005

ROAD AHEAD AND UNODC ACTIVITIES

UNCAC Review Mechanism • Established in 3 rd Co. SP 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

Goals of IRM • Promote purposes of UNCAC • Provide Co. SP with info and difficulties • Identify technical assistance needs • Promote and facilitate international cooperation • Promote and facilitate exchange of information, practices and experiences

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

Thank you for your kind attention