Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson Sub-theme 5: Preventive measures: a national integrity system Workshop 1 The significance of preventive measures Hans G. Nilsson Head of Division Council of the EU Sub-theme 5: Preventive measures: a national integrity system Workshop 1 The significance of preventive measures Hans G. Nilsson Head of Division Council of the EU

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson Scope of the presentation (1) Preventing corruption is about reducing the opportunities and the inclination to bribe or be bribed  the whole scope of this forum In this presentation, a more limited concept = prevention as understood in Chapter II of the UNCAC

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson Scope of the presentation (2) Does not cover (although the goal includes prevention): implementation of anti-corruption strategies/instruments, monitoring and evaluations measures related to criminal law and cooperation in criminal matters Nevertheless, "prevention" of corruption implies a global approach.

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson "Prevention" as such in international legal instruments (1) The Convention of the African Union : explicitly dedicated to prevention (title of the convention) Other instruments are usually more specific but often deal implicitly with prevention (such as art. 8 of the OECD Convention) Nevertheless, before the UNCAC, prevention was mainly left to non binding instruments

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson "Prevention" as such in international legal instruments (2) UNCAC : Its first substantive chapter is dedicated to preventive measures (chapter II) However: cautious language used in Chapter II, limited obligations

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson A comprehensive prevention strategy requires proper coordination  the need for national preventive anti-corruption bodies (art. 6 UNCAC)

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson Priority fields for preventive measures (1) What is in Chapter II of the UNCAC : 1. Public sector : -public administration (career rules, selection, training, remuneration) -public procurement

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson Priority fields for preventive measures (2) What is in Chapter II of the UNCAC : 2. Private sector - accounting and auditing standards, … - …

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson Priority fields for preventive measures (3) What is not in the UNCAC (or with very limited provisions) :

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson Priority fields for preventive measures (4) What is not in the UNCAC (or with very limited provisions) : 1. Political life - funding of political parties (art UNCAC  very limited) - transparency for the mandates of politicians

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson Priority fields for preventive measures (5) What is not in the UNCAC (or with very limited provisions) : 2. Tax issues  deductibility of bribes to foreign officials, see OECD recommendation

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson Prevention of corruption in the Law Enforcement and Justice sector - specific importance of the sector - work at international level regarding ethic standards in the police - …

Sub-theme 5: Workshop 1 The significance of preventive measures Hans G. Nilsson Sub-theme 5: Preventive measures: a national integrity system Workshop 1 The significance of preventive measures Hans G. Nilsson Sub-theme 5: Preventive measures: a national integrity system Workshop 1 The significance of preventive measures Hans G. Nilsson