United Nations Convention against Corruption United Nations Office on Drugs and Crime Regional Office – South Asia Nimesh Jani

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 Terms of Reference – Intergovernmental Open-ended Expert Group Meeting

Status of ratification in South Asia and Globally CountryRatification StatusReview status Bangladesh27/02/ – year 1 BhutanN/A – signed 15/09/05 N/A India09/05/ – year 4 Maldives22/03/ – year 4 Nepal31/03/ – year 4 Sri Lanka31/03/ – year 3 Global Ratifications 170 out of possible 195*

Overview of 8 Chapters Chapter 1 – General Provisions Chapter 2 – Preventative measures Chapter 3 – Criminalisation/law enforcement Chapter 4 – International cooperation Chapter 5 – Asset Recovery Chapter 6 – Technical assistance and info exchange Chapter 7 – Mechanisms for implementation Chapter 8 – Final provisions

Aims and Structure of Convention Preventive Measures International Cooperation Asset Recovery Technical Assistance Information Exchange Implementation Criminalization Law Enforcement 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) No Definition of Corruption Broad and Comprehensive Definition of Public Officials 1.Any Person Holding a Legislative, Executive, Administrative or Judicial Office 2.Any Person Performing a Public Function or Providing a Public Service 3.Any Other Person So Defined in the Domestic Law of State Party

PREVENTIVE MEASURES Art.5-14

Art.6 Ensure the Existence of Anti-Corruption Bodies Anti-Corruption Policies and Bodies Requirements Implement Effective and Coordinated Anti-Corruption Policies Art.5

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 5 Mandatory Offences Bribery of National Public Officials (Art.15) Active Bribery of Foreign Public Officials (Art.16) Embezzlement, Misappropriation and Other Diversion of Property (Art.17) Money Laundering (Art.23) Obstruction of Justice (Art.25) 6 Other Criminal Offences Passive Bribery of Foreign Public Official (Art.16) Trading in Influence (Art.18) Abuse of Function (Art.19) Illicit Enrichment (Art.20) Bribery in Private Sector (Art.21) Embezzlement in Private Sector (Art.22)

Other Criminal Offences (Art.18-22) Passive Bribery of Foreign Public Officials or Officials of Int’l Org (Art.16) Trading in Influence (Art.18) Abuse of Function (Art.19) Bribery in Private Sector (Art.21) Illicit Enrichment (Art.20) Embezzlement in Private Sector (Art.22)

Protection of Witness and Reporting Persons (Art.32-35) Protection of Reporting Persons Protection against Any Unjustified Treatment Optional Protection of Witness, Experts and Victims Effective Protection from Potential Retaliation or Intimidation In Accordance with its Domestic Legal System and within its Means

Jurisdiction (Art.42) No Safe Haven for Offenders Offence on Territory, Vessel or Aircraft Offender not Extradited Because of Nationality Offence against State Offenders or Victims Are Nationals Participation of Laundering Outside Territory Aimed at Laundering in Territory

Extradition (Art.44) Ensure that All Convention Offences are Extraditable Offence between States Parties Either “Extradite or Prosecute” Own Nationals Conditional Surrender of Nationals to be Returned to Serve Sentence Grounds of Refusal Harmonization with Existing Treaties and Domestic Law Human Rights No Refusal on Sole Fiscal Ground Consultation before Refusal

Mutual Legal Assistance (Art.46) Widest Measures of Mutual Legal Assistance in Investigations, Prosecution and Legal Proceedings in relation to Convention Offences Designate Central Authority to Receive, Execute and Transmit Request No Refusal of MLA on the Ground of Bank Secrecy MLA can be Provided in the Absence of Dual Criminality for Non-Coercive Measures

Other Cooperation Measures Joint Investigation (Art.49) Special Investigative Techniques (Art.50) Cooperation in Inquiries Channels of Communication and Information Exchange (Art.48)

INTERNATIONAL COOPERATION Art

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 ) Measures for Return and Disposal of Assets (Art.57)

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

Obligation to Enable Confiscation of Proceeds of Crime Domestically & Upon Request from Another Party Confiscation of Proceeds of Crime Domestically Art.31 Internationally Art.55

Direct Recovery of Property (Art.53) Courts shall be allowed to Courts shall be allowed to Recognize, in confiscation decisions, another party’s claim as legitimate owner of property Courts shall be allowed to Courts shall be allowed to Order corruption offenders to pay compensation to another state party States parties shall be allowed to States parties shall be allowed to Initiate civil action in another party’s courts to establish ownership of property acquired through corruption

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 ) COSP to Address Criminalization of Passive Bribery of Officials of International Organizations Well before COSP 1 8 th 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 14 Dec 2005

ROAD AHEAD AND UNODC ACTIVITIES

UNCAC Review Mechanism Established in 3 rd CoSP 2009 resolution 3/1 2 cycles of 5 years Cycle 1 (2010 to 2015) looking at chapters 3 and 4 Cycle 2 (2015 to 2020) looking at chapter 2 and 4

Goals of IRM Promote purposes of UNCAC Provide CoSP with info and difficulties Identify technical assistance needs Promote and facilitate international cooperation Promote and facilitate exchange of information, practices and experiences

Approach of IRM Impartial Inter-governmental Transparent Non-intrusive Inclusive Not produce any form of ranking

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