United Nations Convention against Corruption

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United Nations Convention against Corruption

• United Nations Office on Drugs and Crime
• Division for Treaty Affairs

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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
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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

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Cases of Grand Corruption
Mobuto, Zaire US 5 billon
More Than the Foreign Debt
Duvaliers, Haiti US 500 million
87 of the Annual Government Budget
Nigerian kleptocrats US 100 billion
More than double the DGP 3-4 times the Foreign
Debt
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Growing Responses
Merida Conference
GA Res.58/4 Adoption of CAC
GA Res.55/61 Establishment of Ad Hoc Committee
Ad Hoc Committee (1st 7th Sessions)
TOCC Negotiation
GA Res.55/181 Asset Recovery
GA Res.51/191 UN Declaration
8th Crime Congress
1999 CoE Conventions
1997 EU Convention
2003 AU Convention
1996 OAS Convention
1997 OECD Convention
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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

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Anti-Corruption Policies and Bodies

• Requirements

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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)

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• CRIMINALIZATION
• Art.15-25

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Mandatory and Other Criminal Offences
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• INTERNATIONAL COOPERATION
• Art.43 - 50

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International Cooperation
Question of Dual Criminality
Mandatory Offences
Optional Offences
Narrow Dual Criminality Requirements In MLAs
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• ASSET RECOVERY
• Art.51-59

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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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Return of Assets (Art.57)
Return Depending on How Closely the Assets were
Linked to the Requesting State Party
Return to the State
Embezzled Public Funds from the State
Return to the State if it Establishes Ownership
or Damage Recognized by the Requested State
Party as a Basis for Return
Proceeds of Other Offences Covered by UNCAC
May be Returned to the Requesting State Party,
a Prior Legitimate Owner or Used for
Compensating Victims
Other Cases
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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

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Direct Recovery of Property (Art.53)
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• TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE
• Art.60-62

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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
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• IMPLEMENTATION
• Art.63-64

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Mechanisms for Implementation (Art.63-64)

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

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• ROAD AHEAD AND UNODC ACTIVITIES

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Road Ahead
Effective Implementation Full Compliance Universal
Ratification
Conference of States Parties
Entry into Force
Promotion of Ratification
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Status of Convention
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Signatures and Ratifications
Signatories in Eastern Europe 15
Romania Belarus
Signatories in Western Europe Others 22
Signatories in Asia 25
No Ratifications
Jordan Sri Lanka
Signatories in Africa 37
Signatories in Latin America 20
El Salvador Mexico Peru
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Palermo and Merida Conventions
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Palermo and Merida Conventions
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For further information

• Crime Conventions Section
• Division for Treaty Affairs
• United Nations Office on Drugs and Crime
• P.O.Box 500 Vienna
• A-1400 Austria
• Tel [phone]
• Fax [phone]
• http//www.unodc.org/unodc/en/crime_convention_cor
  ruption.html
• Dimitri.Vlassis_at_unodc.org

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Thank you for your kind attention