Division for Treaty Affairs 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

Division for Treaty Affairs 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

Division for Treaty Affairs PREVENTIVE MEASURES Art.5-14

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

Division for Treaty Affairs 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)

Division for Treaty Affairs 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

Division for Treaty Affairs 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)

Division for Treaty Affairs

Cases of Grand Corruption More Than the Foreign Debt Mobuto, Zaire US $ 5 billon More than double the GDP 3-4 times the Foreign Debt Nigerian kleptocrats US $ 100 billion 87% of the Annual Government Budget Duvaliers, Haiti US $ 500 million

Division for Treaty Affairs

How can we bring this money back? If $100 million were returned to any developing country:  10 million pesticide-treated mosquito-nets could be provided  600,000 people living with HIV/AIDS could receive treatment  100 million malaria-treatment kits could be purchased  4 million children could receive full immunization  250,000 households could be provided with water connections  240 kilometres of two-line paved road could be built

Division for Treaty Affairs ASSET RECOVERY Art.51-59

Division for Treaty Affairs International Cooperation Mandatory Offences Optional Offences Narrow Dual Criminality Requirements In MLAs Question of Dual Criminality Possibility of Extending Cooperation in Civil and Administrative Proceedings Related to Corruption

Division for Treaty Affairs Extradition (Art.44) Ensure that All Convention Offences are Extraditable Offence between States Parties Either “Extradite or Prosecute” Own Nationals Enabling departure from Double criminality Grounds of Refusal Expedite proceedings- Simplify evidentiary requirements Fair treatment Discrimination clause No Refusal for Fiscal Offences Consultation before Refusal UNCAC as legal basis: No political offence

Division for Treaty Affairs Mutual Legal Assistance (Art.46) Widest Measure of Mutual Legal Assistance in Investigations, Prosecutions and Judicial Proceedings in Relation to Convention Offences Designation of Central Authority to Receive, Execute or 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

Division for Treaty Affairs Other Cooperation Measures Joint Investigations (Art.49) Special Investigative Techniques (Art.50) Law Enforcement cooperation (Art.48) Channels of Communication and Information Exchange (Art.48) Transfer of sentenced persons (Art.45) Transfer of criminal Proceedings (Art.47)

Division for Treaty Affairs 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)

Division for Treaty Affairs 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

Division for Treaty Affairs 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

Division for Treaty Affairs 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

Division for Treaty Affairs 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

Division for Treaty Affairs TECHNICAL ASSISTANCE AND INFORMATION EXCHANGE Art.60-62

Division for Treaty Affairs 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

Division for Treaty Affairs Thank you for your kind attention