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Published on : Feb 10, 2014
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Slide 1 - Nihal Sri Ameresekere, F.C.A., F.C.M.A., C.M.A., C.G.M.A., C.F.E. Associate Member, American Bar Association Member, International Consortium on Governmental Financial Management (ICGFM) Individual Member, International Association of Anti-Corruption Authorities (IAACA) Professional Consultant & Public Interest Activist Author of a Series of 13 Books documenting Real Case Studies on Corruption UNCAC – Chapter VI Technical Assistance and Information Exchange
Slide 2 - UNCAC – Chapter VI Technical Assistance and Information Exchange Developing countries need the assistance of developed countries to combat corruption - re – UNCAC Chapter VI on Technical Assistance and Information Exchange Proceeds of corrupt offences are stashed away in developed countries, including tax heavens – vide example Chart As a result of proceeds of corrupt offences being so invitingly accepted, have not the developed countries facilitated or been a party to corrupt offences in developing countries, in contravention of the stipulations in the UNCAC ? Have not as a consequence, developed countries unjustly enriched themselves with such proceeds of corrupt offences, making profits thereon, including in tax heavens ? Given the objectives and the spirit of the UNCAC, ought not such developed countries, committed to assist developing countries, disclose upfront the receipt of proceeds of corrupt offences, without awaiting for receipt of mutual legal assistance requests ? In practical reality, would statutory authorities in developing countries ever initiate mutual legal assistance requests, from such developed countries, including tax heavens, in respect of suspect politicians and politically exposed persons (PEPs), under whose power such authorities function ? Should not the answer to this dilemma and reality be – the encouragement and empowerment of civil society, also to initiate mutual legal assistance requests for public dissemination to expose corruption at the highest levels of power in developing countries, inconformity with Article 13 of the UNCAC, inter-alia, stipulating the right of the public to information ? Is not economic terrorism the root cause leading to armed terrorism ? Is not corruption by those in governance impoverishing the abject poor a crime against humanity ? Do not crimes against humanity transcend nationality and even sovereignty ?
Slide 3 - Courtesy : ActionAid The web-based database of names from the leaked tax-haven records maps out links between people and secret offshore entities. (ICIJ) CBC News Secret tax-haven names released to public
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Slide 5 - Article 60 – Training and Technical Assistance State Parties shall develop training programs for preventing and combatting corruption, inter-alia, dealing with : effective measures to prevent, detect, investigate, punish and control corruption developing a strategic anti-corruption policy training authorities on requests for mutual legal assistance evaluating and strengthening the management of public finances, in public and private sectors preventing and combatting transfer of proceeds of corrupt offenses and recovering the same as per the UNCAC detecting and freezing transfer of proceeds of corrupt offenses as per UNCAC surveillance on movement of proceeds of corrupt offenses and methods used to transfer, conceal or disguise such proceeds efficient legal mechanisms for facilitating the return of proceeds of corruption protection of victims and witnesses in judicial proceedings training in national and international regulations and languages.   State Parties shall afford widest measures of technical assistance, specially for the benefit of developing countries, to combat corruption, with international co-orporation on extradition and mutual legal assistance. State Parties shall strengthen efforts and activities of international and regional organizations in combatting corruption. State Parties shall, upon request, conduct evaluation and studies on causes, effects and costs of corruption in countries, with the view to developing strategies to combat corruption . To facilitate recovery of proceeds of corruption, State Parties may provide names of experts, who could assist. State Parties shall consider using Conferences and Seminars to stimulate discussions on problems of mutual concern, including the special problems and needs of the developing countries. State Parties shall consider establishing mechanisms with a view to contributing finances towards the efforts of developing countries to implement the UNCAC. State Parties shall consider making voluntary contributions to UNODC for fostering programs and projects in developing countries, to implement the UNCAC.
Slide 6 - Article 61 – Collection, Exchange and Analysis of Information on Corruption State Parties shall consider analyzing trends in corruption in its territory and in circumstance in which corruption offences are committed. State Parties shall consider developing and sharing expertized concerns on corruption, with a view to developing best practices to prevent and combat corruption. State Parties shall consider monitoring the policies and measures adopted to combat corruption and their effectiveness Article 62 – Other Measures: Implementation of the Convention through Economic Development and Technical Assistance State parties shall take measures for the optimal implementation of the UNCAC, taking into account the negative effects of corruption on society in general. State Parties in co-ordination with others and international regional organizations shall make concrete efforts to : enhance co-orporation with developing countries, to strengthen the capacity to prevent and combat corruption enhance assistance to support efforts of developing countries to prevent and combat corruption and to implement the UNCAC provide technical assistance to developing countries to implement the UNCAC by making regular contributions for that purpose to the UN, and consider contributing a percentage of money or value of proceeds of crime confiscated in accordance with the UNCAC encourage other States and financial institutions in the above efforts in developing countries to achieve the objectives of the UNCAC. The above measures shall be without prejudice to existing foreign assistance, commitments bilaterally, regionally or internationally. State Parties may conclude bilateral or multilateral agreements on logistical assistance taking into consideration the finances necessary for efforts to prevent, detect and control corruption, as per the UNCAC.
Slide 7 - Article 13 – Participation of Society State Parties shall take measures to promote the active participation of individuals and groups, outside the public sector, such as civil society, non-governmental and community based organizations, to raise public awareness, regarding the existence, causes, gravity and threats caused by corruption and to combat corruption. Such endeavours should be strengthened by: enhancing transparency and public contribution to decision making ensuring effective access to information by the public undertaking activities on non-tolerance of corruption and education programs respecting and protecting to seek, receive, publish and disseminate information concerning corruption, subject to requisite restrictions, vis-à-vis, rights of others, national security, public order, health and morals. State Parties shall ensure that anti-corruption bodies referred to in the UNCAC are known to the public, and shall provide public access thereto for reporting even anonymously alleged offenses under the UNCAC.
Slide 8 - Nihal Sri Ameresekere F.C.A. (Sri Lanka), F.C.M.A. (United Kingdom), C.M.A. (Australia), C.G.M.A. (Global), C.F.E. (United States) is a :   Chartered Accountant and a Management Consultant, Certified Fraud Examiner, Member, International Consortium on Governmental Financial Management, Individual Member, International Association of Anti-Corruption Authorities, Associate Member, American Bar Association   As a professional practitioner for 38 years he has been a Consultant to the private and public sectors, with international clientele, and a former Advisor/Consultant, Ministry of Finance & Planning, Plan Implementation, and Chairman, Public Enterprise Reforms Commission. He has also functioned as Senior Consultant on World Bank and USAID funded public sector economic reform projects.   For over 23 years he has been combating economic crime, fraud and corruption. As a Public Interest Activist, though not a professional Lawyer, he has appeared before the highest judiciary to successfully prosecute public interest litigations, annulling illegal and fraudulent major privatizations, fraudulent amnesties inimical to the law, and the non-transparency of the Appropriation Bill.   Through AuthorHouse, leading US Publisher, he has published a series of 13 voluminous Books to the global market on economic crime, fraud, corruption, rule of law, governance and public finance, documenting real case studies - available globally at leading e-retailers and bookstores.