International Legal Framework Against Corruption Andrii Kukharuk Resident Advisor OECD Anti-Corruption Project for Ukraine Anti-Corruption Workshop for Legal Professionals 19 March, 2015 – Kyiv, Ukraine
Defining corruption • Definition of corruption: “The abuse of entrusted power for private gain” (Transparency International) • Types of corruption: – Private vs. public corruption – Domestic vs. international corruption – Active bribery vs. passive bribery
International anti-corruption framework • United Nations Convention against Corruption (UNCAC) • Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Anti-Bribery Convention) • Inter-American Convention Against Corruption (IACAC) • African Union Convention on Preventing and Combating Corruption • Council of Europe Criminal Law Convention on Corruption and Civil Law Convention on Corruption • European Union Instruments on Corruption
UNCAC and the Anti-Bribery Convention • Two mutually reinforcing instruments • UNCAC : A multidisciplinary instrument that covers several forms of corruption – Entry into force: 2005 – Number of State Parties: 174 • Anti-Bribery Convention: A focused tool to combat the supply side of bribery – Entry into force: 1999 – Number of State Parties: 41
Implementation of the UNCAC and Anti-Bribery Conventions • UNCAC: Review mechanism adopted November 2009 – Implementation Review Group has begun preparing: • Guidelines for country reviews • A review schedule • Avenues for technical assistance • OECD Anti-Bribery Convention: peer-review monitoring mechanism – Phase 1 & 2 completed for all 41 Parties – Phase 3 begun in 2010 – Phase 4 is currently under development
Parties to the Anti-Bribery Convention Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea, Latvia, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Russian Federation, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States
Strengthening our anti-bribery framework • 2009 Recommendation on further Combating Bribery of Foreign Public Officials in International Business Transactions • Good Practice Guidance on Internal Controls, Ethics and Compliance
Extra-territorial application of the offence of bribing a foreign public official • Article 4 of the Anti- Bribery Convention: “Jurisdiction” • Countries with extra-territorial application of foreign bribery offences
Typology work of the WGB • In its series of anti-bribery typology reports , the OECD WGB applies its expertise and experience in implementing anti-bribery measures to analyses of the methods and patterns used in corruption cases. These typology reports can be used by researchers, governments, law enforcement authorities and international organisations to review bribery patterns and to improve the effectiveness of current anti-bribery policies and measures. • TYPOLOGIES ON THE ROLE OF INTERMEDIARIES IN INTERNATIONAL BUSINESS TRANSACTIONS • October 2009 • Intermediaries fulfil a key role in international business transactions. While many of them perform lawful tasks, many also engage in bribery of foreign public officials. This report focuses on the use of intermediaries in cases of bribery of foreign public officials.
Engaging the Private Sector & Civil Society – Regular consultations with the Working Group on Bribery – Review of the OECD anti-bribery instruments – Adoption of the 2009 Anti-Bribery Recommendation – Adoption of the Good Practice Guidance for companies and business organisations
Global Approach to Fighting Foreign Bribery-Regional Initiatives The OECD Working Group on Bribery works regularly with a number of countries not Party to the Anti-Bribery Convention The Working Group on Bribery also fights bribery and corruption through regional initiatives in: • Africa • Asia-Pacific • Eastern Europe and Central Asia • Latin America • Middle East and North Africa
Participation of Ukraine • Ukraine’s participation in various OECD committees, interest in the WGB • Ukraine’s participation in the ACN – National Coordinator – Ministry of Justice – Istanbul Action Plan – Thematic reviews and Law-Enforcement seminars – Civil society and business partners
Thank you For more information: www.oecd.org/daf/nocorruption
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