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Slide 1 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs
Slide 2 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting
Slide 3 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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
Slide 4 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million
Slide 5 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention
Slide 6 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery
Slide 7 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2)
Slide 8 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14
Slide 9 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements
Slide 10 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14)
Slide 11 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties
Slide 12 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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)
Slide 13 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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
Slide 14 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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
Slide 15 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50
Slide 16 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality
Slide 17 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59
Slide 18 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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)
Slide 19 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims
Slide 20 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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
Slide 21 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53)
Slide 22 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62
Slide 23 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62 Technical Assistance & Information Exchange (Art.60-62) Criminal Justice And Institution-Building Technical Assistance and Exchange of Information Training Programmes Studies, Research and Evaluation Assistance to Developing Countries and Countries in Transition Voluntary Contributions UN Funding Mechanism Percentage of Proceeds of Crime
Slide 24 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62 Technical Assistance & Information Exchange (Art.60-62) Criminal Justice And Institution-Building Technical Assistance and Exchange of Information Training Programmes Studies, Research and Evaluation Assistance to Developing Countries and Countries in Transition Voluntary Contributions UN Funding Mechanism Percentage of Proceeds of Crime IMPLEMENTATION Art.63-64
Slide 25 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62 Technical Assistance & Information Exchange (Art.60-62) Criminal Justice And Institution-Building Technical Assistance and Exchange of Information Training Programmes Studies, Research and Evaluation Assistance to Developing Countries and Countries in Transition Voluntary Contributions UN Funding Mechanism Percentage of Proceeds of Crime IMPLEMENTATION Art.63-64 Mechanisms for Implementation (Art.63-64) COSP to Address Criminalization of Passive Bribery of Officials of International Organizations Well before COSP 1 8th Ad Hoc Committee To Prepare Draft Rules of Procedure Within 1 Year from Entry into Force COSP 1 Promote, Facilitate and Review Implementation Make recommendation Facilitate Information Exchange Entry into Force
Slide 26 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62 Technical Assistance & Information Exchange (Art.60-62) Criminal Justice And Institution-Building Technical Assistance and Exchange of Information Training Programmes Studies, Research and Evaluation Assistance to Developing Countries and Countries in Transition Voluntary Contributions UN Funding Mechanism Percentage of Proceeds of Crime IMPLEMENTATION Art.63-64 Mechanisms for Implementation (Art.63-64) COSP to Address Criminalization of Passive Bribery of Officials of International Organizations Well before COSP 1 8th Ad Hoc Committee To Prepare Draft Rules of Procedure Within 1 Year from Entry into Force COSP 1 Promote, Facilitate and Review Implementation Make recommendation Facilitate Information Exchange Entry into Force ROAD AHEAD AND UNODC ACTIVITIES
Slide 27 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62 Technical Assistance & Information Exchange (Art.60-62) Criminal Justice And Institution-Building Technical Assistance and Exchange of Information Training Programmes Studies, Research and Evaluation Assistance to Developing Countries and Countries in Transition Voluntary Contributions UN Funding Mechanism Percentage of Proceeds of Crime IMPLEMENTATION Art.63-64 Mechanisms for Implementation (Art.63-64) COSP to Address Criminalization of Passive Bribery of Officials of International Organizations Well before COSP 1 8th Ad Hoc Committee To Prepare Draft Rules of Procedure Within 1 Year from Entry into Force COSP 1 Promote, Facilitate and Review Implementation Make recommendation Facilitate Information Exchange Entry into Force ROAD AHEAD AND UNODC ACTIVITIES Road Ahead Promotion of Ratification Entry into Force Conference of States Parties Effective Implementation Full Compliance Universal Ratification
Slide 28 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62 Technical Assistance & Information Exchange (Art.60-62) Criminal Justice And Institution-Building Technical Assistance and Exchange of Information Training Programmes Studies, Research and Evaluation Assistance to Developing Countries and Countries in Transition Voluntary Contributions UN Funding Mechanism Percentage of Proceeds of Crime IMPLEMENTATION Art.63-64 Mechanisms for Implementation (Art.63-64) COSP to Address Criminalization of Passive Bribery of Officials of International Organizations Well before COSP 1 8th Ad Hoc Committee To Prepare Draft Rules of Procedure Within 1 Year from Entry into Force COSP 1 Promote, Facilitate and Review Implementation Make recommendation Facilitate Information Exchange Entry into Force ROAD AHEAD AND UNODC ACTIVITIES Road Ahead Promotion of Ratification Entry into Force Conference of States Parties Effective Implementation Full Compliance Universal Ratification Status of Convention High-level Political Signing Conference At Merida, 9-11 December 2003 Open for Signature at UNHQ in NY until 9 Dec. 2005
Slide 29 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62 Technical Assistance & Information Exchange (Art.60-62) Criminal Justice And Institution-Building Technical Assistance and Exchange of Information Training Programmes Studies, Research and Evaluation Assistance to Developing Countries and Countries in Transition Voluntary Contributions UN Funding Mechanism Percentage of Proceeds of Crime IMPLEMENTATION Art.63-64 Mechanisms for Implementation (Art.63-64) COSP to Address Criminalization of Passive Bribery of Officials of International Organizations Well before COSP 1 8th Ad Hoc Committee To Prepare Draft Rules of Procedure Within 1 Year from Entry into Force COSP 1 Promote, Facilitate and Review Implementation Make recommendation Facilitate Information Exchange Entry into Force ROAD AHEAD AND UNODC ACTIVITIES Road Ahead Promotion of Ratification Entry into Force Conference of States Parties Effective Implementation Full Compliance Universal Ratification Status of Convention High-level Political Signing Conference At Merida, 9-11 December 2003 Open for Signature at UNHQ in NY until 9 Dec. 2005 Signatures and Ratifications Signatories in Africa 37 Algeria  Benin  Egypt Kenya  Madagascar Mauritius Namibia  Nigeria Sierra Leone  South Africa  Uganda  Signatories in Asia 25 Signatories in Eastern Europe 15 Signatories in Western Europe & Others 22 Signatories in Latin America 20 El Salvador Mexico Peru Jordan Sri Lanka Romania Belarus No Ratifications
Slide 30 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62 Technical Assistance & Information Exchange (Art.60-62) Criminal Justice And Institution-Building Technical Assistance and Exchange of Information Training Programmes Studies, Research and Evaluation Assistance to Developing Countries and Countries in Transition Voluntary Contributions UN Funding Mechanism Percentage of Proceeds of Crime IMPLEMENTATION Art.63-64 Mechanisms for Implementation (Art.63-64) COSP to Address Criminalization of Passive Bribery of Officials of International Organizations Well before COSP 1 8th Ad Hoc Committee To Prepare Draft Rules of Procedure Within 1 Year from Entry into Force COSP 1 Promote, Facilitate and Review Implementation Make recommendation Facilitate Information Exchange Entry into Force ROAD AHEAD AND UNODC ACTIVITIES Road Ahead Promotion of Ratification Entry into Force Conference of States Parties Effective Implementation Full Compliance Universal Ratification Status of Convention High-level Political Signing Conference At Merida, 9-11 December 2003 Open for Signature at UNHQ in NY until 9 Dec. 2005 Signatures and Ratifications Signatories in Africa 37 Algeria  Benin  Egypt Kenya  Madagascar Mauritius Namibia  Nigeria Sierra Leone  South Africa  Uganda  Signatories in Asia 25 Signatories in Eastern Europe 15 Signatories in Western Europe & Others 22 Signatories in Latin America 20 El Salvador Mexico Peru Jordan Sri Lanka Romania Belarus No Ratifications Palermo and Merida Conventions
Slide 31 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62 Technical Assistance & Information Exchange (Art.60-62) Criminal Justice And Institution-Building Technical Assistance and Exchange of Information Training Programmes Studies, Research and Evaluation Assistance to Developing Countries and Countries in Transition Voluntary Contributions UN Funding Mechanism Percentage of Proceeds of Crime IMPLEMENTATION Art.63-64 Mechanisms for Implementation (Art.63-64) COSP to Address Criminalization of Passive Bribery of Officials of International Organizations Well before COSP 1 8th Ad Hoc Committee To Prepare Draft Rules of Procedure Within 1 Year from Entry into Force COSP 1 Promote, Facilitate and Review Implementation Make recommendation Facilitate Information Exchange Entry into Force ROAD AHEAD AND UNODC ACTIVITIES Road Ahead Promotion of Ratification Entry into Force Conference of States Parties Effective Implementation Full Compliance Universal Ratification Status of Convention High-level Political Signing Conference At Merida, 9-11 December 2003 Open for Signature at UNHQ in NY until 9 Dec. 2005 Signatures and Ratifications Signatories in Africa 37 Algeria  Benin  Egypt Kenya  Madagascar Mauritius Namibia  Nigeria Sierra Leone  South Africa  Uganda  Signatories in Asia 25 Signatories in Eastern Europe 15 Signatories in Western Europe & Others 22 Signatories in Latin America 20 El Salvador Mexico Peru Jordan Sri Lanka Romania Belarus No Ratifications Palermo and Merida Conventions Palermo and Merida Conventions Entry into Force of Palermo Entry into Force of Merida
Slide 32 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62 Technical Assistance & Information Exchange (Art.60-62) Criminal Justice And Institution-Building Technical Assistance and Exchange of Information Training Programmes Studies, Research and Evaluation Assistance to Developing Countries and Countries in Transition Voluntary Contributions UN Funding Mechanism Percentage of Proceeds of Crime IMPLEMENTATION Art.63-64 Mechanisms for Implementation (Art.63-64) COSP to Address Criminalization of Passive Bribery of Officials of International Organizations Well before COSP 1 8th Ad Hoc Committee To Prepare Draft Rules of Procedure Within 1 Year from Entry into Force COSP 1 Promote, Facilitate and Review Implementation Make recommendation Facilitate Information Exchange Entry into Force ROAD AHEAD AND UNODC ACTIVITIES Road Ahead Promotion of Ratification Entry into Force Conference of States Parties Effective Implementation Full Compliance Universal Ratification Status of Convention High-level Political Signing Conference At Merida, 9-11 December 2003 Open for Signature at UNHQ in NY until 9 Dec. 2005 Signatures and Ratifications Signatories in Africa 37 Algeria  Benin  Egypt Kenya  Madagascar Mauritius Namibia  Nigeria Sierra Leone  South Africa  Uganda  Signatories in Asia 25 Signatories in Eastern Europe 15 Signatories in Western Europe & Others 22 Signatories in Latin America 20 El Salvador Mexico Peru Jordan Sri Lanka Romania Belarus No Ratifications Palermo and Merida Conventions Palermo and Merida Conventions Entry into Force of Palermo Entry into Force of Merida 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: +43-1-26060-4534 Fax: +43-1-26060-5841 http://www.unodc.org/unodc/en/crime_convention_corruption.html Dimitri.Vlassis@unodc.org
Slide 33 - United Nations Convention against Corruption United Nations Office on Drugs and Crime Division for Treaty Affairs 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) 7 sessions of the Ad Hoc Committee held in Vienna with over 120 States participants Adoption of the United Nations Convention against Corruption (A/RES/58/4) High-level Political Signing Conference in Merida, Mexico 2000 2002 2003 2001 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting 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 Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the DGP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million Growing Responses 8th Crime Congress GA Res.51/191 UN Declaration TOCC Negotiation GA Res.58/4 Adoption of CAC Merida Conference GA Res.55/61 Establishment of Ad Hoc Committee GA Res.55/181 Asset Recovery Ad Hoc Committee (1st –7th Sessions) 1996 OAS Convention 1997 EU Convention 1997 OECD Convention 1999 CoE Conventions 2003 AU Convention Aims and Structure of Convention 3. Integrity, Accountability and Proper Management of Public Affairs and Property 1. Prevent and Combat Corruption More Efficiently and Effectively 2. International Cooperation & Technical Assistance including Asset Recovery Use of Terms (Art.2) PREVENTIVE MEASURES Art.5-14 Anti-Corruption Policies and Bodies Requirements Preventive Measures(Art. 5-14) Transparency Integrity Accountability Codes of Conduct (Art.8) Public and Private Sectors Civil Society (Art.9) Integrity of Judiciary and Prosecution Service (Art.11) Prevention of Money-Laundering (Art. 14) Comprehensive Preventive Measures in Private Sector Preventive Measures in Private Sector Enhanced Accounting and Auditing Standards Prohibition of Off-the-Book Account and other Acts No Tax Deductibility of Expenses Constituting Bribes Effective, Proportionate and Dissuasive Civil, Administrative or Criminal Penalties 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 INTERNATIONAL COOPERATION Art.43 - 50 International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality ASSET RECOVERY Art.51-59 Asset Recovery – Major Breakthrough Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) 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) Return of Assets (Art.57) Other Cases Proceeds of Other Offences Covered by UNCAC Embezzled Public Funds from the State Return Depending on How Closely the Assets were Linked to the Requesting State Party Return to the State Return to the State if it Establishes Ownership or Damage Recognized by the Requested State Party as a Basis for Return May be Returned to the Requesting State Party, a Prior Legitimate Owner or Used for Compensating Victims 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 Direct Recovery of Property (Art.53) TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62 Technical Assistance & Information Exchange (Art.60-62) Criminal Justice And Institution-Building Technical Assistance and Exchange of Information Training Programmes Studies, Research and Evaluation Assistance to Developing Countries and Countries in Transition Voluntary Contributions UN Funding Mechanism Percentage of Proceeds of Crime IMPLEMENTATION Art.63-64 Mechanisms for Implementation (Art.63-64) COSP to Address Criminalization of Passive Bribery of Officials of International Organizations Well before COSP 1 8th Ad Hoc Committee To Prepare Draft Rules of Procedure Within 1 Year from Entry into Force COSP 1 Promote, Facilitate and Review Implementation Make recommendation Facilitate Information Exchange Entry into Force ROAD AHEAD AND UNODC ACTIVITIES Road Ahead Promotion of Ratification Entry into Force Conference of States Parties Effective Implementation Full Compliance Universal Ratification Status of Convention High-level Political Signing Conference At Merida, 9-11 December 2003 Open for Signature at UNHQ in NY until 9 Dec. 2005 Signatures and Ratifications Signatories in Africa 37 Algeria  Benin  Egypt Kenya  Madagascar Mauritius Namibia  Nigeria Sierra Leone  South Africa  Uganda  Signatories in Asia 25 Signatories in Eastern Europe 15 Signatories in Western Europe & Others 22 Signatories in Latin America 20 El Salvador Mexico Peru Jordan Sri Lanka Romania Belarus No Ratifications Palermo and Merida Conventions Palermo and Merida Conventions Entry into Force of Palermo Entry into Force of Merida 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: +43-1-26060-4534 Fax: +43-1-26060-5841 http://www.unodc.org/unodc/en/crime_convention_corruption.html Dimitri.Vlassis@unodc.org Thank you for your kind attention
 

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