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Published on : Feb 10, 2014
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Slide 1 - International Conventions Combating Corruption Mr Sumedh Rao, Governance & Social Development Resource Centre (GSDRC) European Commission Training Seminar: EC Support to Governance in Partner Countries (Africa focus) 4-8 July 2011
Slide 2 - International Conventions Combating Corruption OECD Convention on Combating Bribery United Nations Convention against Corruption (UNCAC) African Union Convention on Preventing and Combating Corruption
Slide 3 - Historical Context 1810 Napoleonic Code 1977 Foreign Corrupt Practices Act (FCPA) 1996 Inter-American Convention against Corruption 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 1998 Council of Europe Criminal Law Convention on Corruption 1999 Council of Europe Civil Law Convention on Corruption 2003 African Union Convention on Preventing and Combating Corruption, AUCAC 2003 United Nations Convention against Corruption, UNCAC
Slide 4 - OECD Convention on Combating Bribery 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 38 Signatories: OECD Members Argentina Brazil Bulgaria Estonia Slovenia South Africa All signatories recently adopted the 2009 Anti Bribery Recommendation
Slide 5 - OECD Convention on Combating Bribery Primarily focused on the ‘supply side’ of bribery (i.e. those that give the bribe – voluntarily or not) Defines and criminalises the act of bribing foreign officials BUT Does not cover private-to-private bribery No prevention, witness protection, whistleblowers, facilitation payments
Slide 6 - OECD Convention on Combating Bribery Signatories must: Establish, as a crime, the bribery of public servants within national legal frameworks Provide means and measures to: ‘prevent, detect, investigate, prosecute and sanction foreign bribery’ Broad interpretation of territorial basis for jurisdiction  Easier to sanction cross-border bribery
Slide 7 - OECD Convention on Combating Bribery Implementation and monitoring through OECD Working Group on Bribery in International Business Transactions Two phase reviews: Phase One: Evaluates adequacy of signatory country’s legislation to implement the Convention Phase Two: Assesses whether a country is applying this legislation effectively Participating delegates are subject to evaluation AND expected to act as evaluators BUT Lack of active enforcement by majority of parties so far
Slide 8 - 4 key pillars of the United Nations Convention against Corruption (UNCAC)
Slide 9 - United Nations Convention against Corruption (UNCAC) Prevention: Effective and coordinated anti-corruption policies   Anti-corruption bodies Competitive and fair public procurement   Independent judiciary Fair and transparent private sector
Slide 10 - United Nations Convention against Corruption (UNCAC) Criminalization and law enforcement Mandatory offences – bribery, embezzlement, money laundering, obstruction of justice Other criminal offences – passive bribery, influence trading, abuse of function   International cooperation Extradition Mutual legal assistance in investigations, prosecution and legal proceedings
Slide 11 - United Nations Convention against Corruption (UNCAC) Asset recovery “The return of assets is a fundamental principle of this Convention…” States Parties must require their financial institutions to be vigilant   Return of assets: Embezzled public funds Return to requesting Party Proceeds of other offences of corruption Return to requesting Party Confiscated property  Returned to the requesting Party or for compensating victims
Slide 12 - United Nations Convention against Corruption (UNCAC) Self-assessment system (UNODC) Peer review process: Each State reviewed by two other States. State under review should be involved Governmental experts will be appointed by States to carry out reviews Active dialogue between the country under review and reviewers is a key component of the process
Slide 13 - UNCAC Implementation Challenges Weak on enforcement tools – e.g. accountability mechanisms Does not address political dynamics which hinder anti-corruption reform Self-assessment does not consider context May not be prescriptive enough relating to oversight institutions BUT Can contribute to public debate Can improve quality of rules – i.e. institutional legislative framework – and provide mutual legal assistance
Slide 14 - The African Union Convention on Preventing and Combating Corruption No definition of corruption but explicitly recognises particular acts of corruption and related offences Mandatory offences: Active and passive bribery of national public officials; Active bribery of foreign and international public officials; Embezzlement, misappropriation or other diversion of property by a public official; and, Laundering of the proceeds of corruption.
Slide 15 - The African Union Convention on Preventing and Combating Corruption Includes the following acts as mandatory that the UNCAC does not: Passive bribery of foreign and international public officials; Active and passive bribery in the private sector; Trading in influence; Embezzlement, misappropriation or other diversion of property in the private sector; and, Illicit enrichment.
Slide 16 - The African Union Convention on Preventing and Combating Corruption Set of provisos to integrate into all public officials’ Codes of Conduct Proposes special control body to: develop and monitor implementation of codes of conduct, raise awareness, and provide training for public officials on ethical good-practice. Establish, maintain and strengthen independent national anti-corruption agencies.
Slide 17 - The African Union Convention on Preventing and Combating Corruption Emphasis on dealing with proceeds of corruption: State Parties enact laws to empower authorities to seize financial documents Measures to establish conversion, transfer and disposal of proceeds of corruption Advisory Board on Corruption: promote anti-corruption work; develop methodologies; collect information on corruption and behaviour of multinational corporations working on the African continent; advise the governments on implementation of convention; develop codes of conduct for public officials; and build partnerships
Slide 18 - The African Union Convention on Preventing and Combating Corruption States Parties must: Submit reports regularly to the AU’s Executive Council detailing progress in compliance. Have their national anti-corruption authorities annually report to the Advisory Board on implementation progress Build partnerships with the African Commission on Human and Peoples’ Rights, African civil society, and governmental, intergovernmental and non-governmental organisations to facilitate dialogue in the fight against corruption and related offences.
Slide 19 - Overview of OECD, UNCAC and AUCPCC
Slide 20 - International Conventions Combating Corruption Mr Sumedh Rao, Governance & Social Development Resource Centre (GSDRC) European Commission Training Seminar: EC Support to Governance in Partner Countries (Africa focus) 4-8 July 2011