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6.international Conventions Combating Corruption1
6.international Conventions Combating Corruption1
Corruption
o Argentina
o Brazil
o Bulgaria
o Estonia
o Slovenia
o South Africa
• Signatories must:
o Establish, as a crime, the bribery of
bribery
OECD Convention on Combating Bribery EuropeAid
Prevention Criminalization
(Art. 5-14) (Art. 15-42)
Asset International
Recovery Cooperation
(Art.51-59) (Art.43-50)
United Nations Convention against EuropeAid
Corruption (UNCAC)
Prevention:
• Effective and coordinated anti-
corruption policies
• Anti-corruption bodies
• Competitive and fair public
procurement
• Independent judiciary
• Fair and transparent private sector
United Nations Convention against EuropeAid
Corruption (UNCAC)
Criminalization and law enforcement
• Mandatory offences – bribery,
embezzlement, money laundering,
obstruction of justice
• Other criminal offences – passive
bribery, influence trading, abuse of
function
International cooperation
• Extradition
• Mutual legal assistance in
investigations, prosecution and legal
proceedings
United Nations Convention against EuropeAid
Corruption (UNCAC)
Asset recovery
• “The return of assets is a fundamental
principle of this Convention…”
• States Parties must require their
financial institutions to be vigilant
• Return of assets:
o Embezzled public funds Return to
requesting Party
o Proceeds of other offences of corruption
Return to requesting Party
o Confiscated property Returned to the
requesting Party or for compensating victims
United Nations Convention against EuropeAid
Corruption (UNCAC)
• Self-assessment system
(UNODC)
• Peer review process:
o Each State reviewed by two other
States. State under review should
be involved
o Governmental experts will be
appointed by States to carry out
reviews
o Active dialogue between the
country under review and
reviewers is a key component of
the process
UNCAC Implementation Challenges EuropeAid
• Mandatory offences:
o Active and passive bribery of national
public officials;
o Active bribery of foreign and
international public officials;
o Embezzlement, misappropriation or
other diversion of property by a public official; and,
o Laundering of the proceeds of corruption.
The African Union Convention on Preventing EuropeAid
and Combating Corruption
implementation of codes of
conduct,
o raise awareness, and
on ethical good-practice.