Secretariat for Legal Affairs 2017-2018

SECRETARIAT FOR LEGAL AFFAIRS The SECRETARIAT FOR LEGAL AFFAIRS is the area responsible for advising on the adoption, implementation and dissemination of inter-American legal norms. They constitute the basis of the inter-American legal system, help strengthen the rule of law, and provide the legal foundation for the various pillars of the Organization. www.oas.org/en/sla

SLA Programs: SECRETARIAT FOR LEGAL AFFAIRS Formulation and dissemination of inter-American legal norms. Promotion of Legal and Judicial Cooperation. Strengthening of the Rule of Law and of Inter-American Law. Provision of legal services to the various bodies in the Organization. Implementation of mechanisms and networks to ensure the application of, and compliance with, inter-American legal norms.

Department of Legal Services SECRETARIAT FOR LEGAL AFFAIRS Structure: SLA Executive Office of the Secretary Department of International Law Department of Legal Cooperation Department of Legal Services CJI REMJA MESICIC

HUMAN RESOURCES Executive Office of the Secretary and Administrative Section 1 Legal Officer 1 Assistant to the Secretary 1 Administrative Officer 1 Administrative Assistant Human resources 2018 (draft budget):

HUMAN RESOURCES Department of International Law 1 Director 3 Principal Legal Advisors 1 Legal Officer (CPR) 1 Assistant to the Director 1 I.T. specialist Human resources 2018 (draft budget): 1 Legal Officer 1 I.T. Specialist

HUMAN RESOURCES Department of Legal Cooperation 1 Director 2 Principal Legal Advisors 1 Legal Officer 2 Legal Officers (Specific Funds) 1 Legal Officer (Specific Funds, CPR) 1 Department Assistant (Specific Funds, CPR) Human resources 2018 (draft budget): 1 Legal Officer (Specific Funds) 1 Legal Consultant (Specific Funds, CPR) 1 Jr. Project Officer (Specific Funds)

HUMAN RESOURCES Department of Legal Services 1 Director 2 Principal Attorneys 4 Attorneys 1 Department Assistant Human resources 2018 (draft budget):

Resources Budget 2014-2018 Secretariat for Legal Affairs

Resources Budget 2014-2018 Department of International Law

Resources Budget 2014-2018 Department of Legal Cooperation

Resources Budget 2014-2018 Department of Legal Services

Principal mandates from the 2017 General Assembly: PROGRAMS, OBJECTIVES AND ACHIEVEMENTS Department of International Law Principal mandates from the 2017 General Assembly: Implementation of two Inter-American Programs: Access to Public Information and Promotion of International Law. Organization of Special Sessions on: Public defense, human rights and business, and the International Criminal Court. Coordination of presentation of reports on: protection of cultural heritage and principles on electronic warehouse receipts for agricultural products. Elaboration of Inter-American norms: Update of the Model Law on Access to Public Information. Dissemination of Inter-American Law: Model law on Simplified Corporations; principles and guidelines of public defense in the Americas; human rights and business; protection of international consumer. Implementation of projects to support States in the implementation of internal legislation on: arbitration; secured transactions; access to public information and protection of personal data.

Principal achievements and activities in 2016-2017: PROGRAMS, OBJECTIVES AND ACHIEVEMENTS Department of International Law Principal achievements and activities in 2016-2017: Technical and legal support provided to the Inter-American Juridical Committee in connection with the adoption of: Report on conscious and effective regulation of business in the area of human rights. Report on protection of cultural heritage. Principles and guidelines on public defense in the Americas. Principles on electronic warehouse receipts for agricultural products. Resolution on international consumer protection. Model law on simplified corporations (2012).

Principal achievements and activities in 2016-2017: PROGRAMS, OBJECTIVES AND ACHIEVEMENTS Department of International Law Principal achievements and activities in 2016-2017: Technical and legal support provided to the Inter-American Juridical Committee in working through its agenda: Representative democracy. Immunity of States and International Organizations. Law applicable to international contracts. Guide for the application of the principle of conventionality. Online arbitration arising from cross-border consumer transactions. Binding and non-binding agreements. Validity of foreign judicial decisions in light of the Inter-American Convention on extraterritorial validity of foreign judgements and arbitral awards. Protection of personal data.

DEPARTMENT OF LEGAL COOPERATION Provides legal advisory and technical secretariat services to the organs of the OAS and legal cooperation mechanisms for effective implementation of inter-American legal instruments and more robust hemispheric cooperation on justice, legal cooperation, and efforts to combat corruption, pursuant to the OAS Charter and the mandates of the Summits of the Americas and the General Assembly. www.oas.org/en/sla/dlc

PROGRAMS, OBJECTIVES AND ACHIEVEMENTS Department of Legal Cooperation LEGAL COOPERATION IN THE HEMISPHERE As the TECHNICAL SECRETARIAT for the REMJA, engages in concrete actions to strengthen inter-American legal cooperation on justice. Legal cooperation on Criminal Matters Legal cooperation on Cybercrime Legal cooperation on Judicial Matters Develops legal instruments and cooperation and technological tools to facilitate mutual assistance, cooperation, and exchanges of information among central government authorities and make them more effective, efficient, and expeditious. Strengthens cooperation and the capacities of States to develop legislation on cybercrime and the investigation, prosecution and punishment of cybercrime. Promotes actions to strengthen cooperation among States aimed at improving their public policies on judicial matters.

PROGRAMS, OBJECTIVES AND ACHIEVEMENTS Department of Legal Cooperation Principal achievement and activities within the REMJA framework in 2012-2017: Holding of 18 regional workshops on Cybercrime, providing training to more than 1000 lawmakers, prosecutors, and judges, which include basic and advanced training. Holding of 5 provincial workshops in Argentina that replicate OAS/REMJA cybercrime workshops, where 190 Argentinean judges and prosecutors were trained. Elimination of bureaucratic red tape in 20 States and of the double criminality requirement in mutual assistance in criminal matters in 11 States; and adoption of legislation for implementing extradition treaties in 22 States. Completion of the review by the REMJA working group of a proposed additional protocol to the Nassau Convention on the use of new communication technologies and hearings conducted through videoconferencing. Drafting of a proposed additional protocol to the Nassau Convention on joint investigation teams, and of a proposed inter-American legal instrument on extradition, and progress with their review in the REMJA working group. Maintenance of a Legal Cooperation on Criminal Matters Network, where States among others, can access legal cooperation tools, such as model laws and guidelines on sound practices.

PROGRAMS, OBJECTIVES AND ACHIEVEMENTS Department of Legal Cooperation LEGAL COOPERATION AGAINST CORRUPTION As the TECHNICAL SECRETARIAT of MESICIC, engages in concrete actions to assist States with preventing and combating corruption within the framework of the Inter-American Convention and Program. Legal Cooperation in the framework of the MESICIC. Legal Cooperation in the framework of the Inter-American Program for Cooperation in the Fight against Corruption (AG/RES. 2894 (XLVI-0/16)) Assists States with implementing the Inter-American Convention and strengthening their legal and institutional systems for preventing and combating corruption. Promotes, disseminates, coordinates, and executes cooperation programs and projects in support of States' efforts to combat corruption.

PROGRAMS, OBJECTIVES AND ACHIEVEMENTS Department of Legal Cooperation Principal achievements and activities in the framework of the MESICIC and the Inter-American Program for Cooperation in the Fight against Corruption in 2012-2017: Continuation of the Fifth Round of Review (19 on-site visits and 15 country reports with recommendations for strengthening the State's hiring, selection, and training of civil servants; and protection for whistleblowers denouncing acts of corruption). In the Fourth Round of Review, 30 on-site visits (856 authorities and 189 civil society representatives interviewed). Adoption, in the same Round, of 31 country reports with recommendations to strengthen 139 high-level oversight bodies (Public Prosecutors' Offices, Supreme Courts, Offices of the Comptroller General, and so on). Adoption of the Fourth Hemispheric Report, which describes 1,334 actions taken by countries to strengthen their legal and institutional instruments for fighting corruption, in compliance with the MESICIC recommendations .

PROGRAMS, OBJECTIVES AND ACHIEVEMENTS Department of Legal Cooperation Principal achievements and activities in the framework of the MESICIC and the Inter-American Program for Cooperation in the Fight against Corruption in 2012-2017: Sharing among 31 countries of 85 best practices of their high-level oversight bodies. Adoption of two model laws on protection for whistleblowers and witnesses of acts of corruption and on declarations of net worth and interests and the use made of them by a number of States. Proposal of a methodology for the presentation and systematization of Best Practices. Maintenance and update of the Anti-Corruption Portal of the Americas on the Internet, where States can access legal cooperation tools, such as model laws.

Principal achievements and activities in 2012-2017: PROGRAMS, OBJECTIVES AND ACHIEVEMENTS Department of Legal Services Principal achievements and activities in 2012-2017: The DLS replied in writing to more than 2,500 legal questions by dependencies of the GS/OAS and by other OAS organs. The DLS reviewed more than 500 contracts and agreements entered into by the various dependencies of the GS/OAS or associated with other OAS organs. The DLS attended OAS meetings to provide legal advice as needed. The DLS has been representing the General Secretariat before the Administrative Tribunal of the Organization.