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Measuring and assessing corruption and economic Measuring and assessing corruption and economic crime: The role and mandate of UNODC crime: The role and mandate of UNODC
Dimosthenis ChrysikosDimosthenis ChrysikosUNODC/DTA/CEB/CSSUNODC/DTA/CEB/CSS
Adopted by GA Res. 58/4, 31 October 2003
Entered into force: 14 December 2005
161 States parties
UNCAC signature and ratification status
Structure of the ConventionStructure of the Convention
Prevention(Art. 5-14)
InternationalCooperation
AssetRecovery
Criminalization
Chapter III: Criminalization and law enforcementChapter III: Criminalization and law enforcement
Mandatory Offences
Bribery of National Public Officials (Art. 15)Active Bribery of Foreign Public Officials (Art.16, para.1)Embezzlement, Misappropriation or Other Diversion of Property (Art. 17)Laundering of proceeds of crime (Art. 23)Obstruction of Justice (Art. 25)Participation in such offences (Art. 27, para. 1)
Optional Offences Passive Bribery of Foreign Public Official (Art.16) Trading in Influence (Art. 18) Abuse of Functions (Art. 19) Illicit Enrichment (Art. 20) Bribery in Private Sector (Art. 21) Embezzlement of Property in Private Sector (Art. 22) Concealment (Art. 24) Attempt / preparation of UNCAC offences (Art.27, paras. 2-3)
The Conference of the States Parties
CoSP 3Nov. 2009
Qatar
CoSP 1Dec 2006Jordan
CoSP 2Jan/Feb 2008
Indonesia
Promote, Facilitate & Review Implementation
Make recommendations
Facilitate Information Exchange CoSP 4Oct. 2011Morocco
CoSP 52013
Panama
Current architecture of UNCAC treaty bodies
COSP
WGPrevention
IRG
Review Mechanism
Technical Assistance
WG Asset Recovery
Mechanism for the Review of Implementation of the United Nations Convention against Corruption
• Adopted by 3rd session of the CoSP in Qatar in Nov 2009• Peer review process • Drawing of lots One phase = two cycles of five years
– 1st cycle: chapters III & IV– 2nd cycle: chapters II & V
• Sources of information: self-assessment reports, supporting documentation, constructive dialogue
• Countries to aim for broad consultations at the national level with all relevant stakeholders, including business representatives
The review stages
Country report, executive summary
to go to IRGSelf assessment
Peer review process
Desk ReviewActive dialogue
(telcon.; country visit etc.)
TA needs identified through the self-assessment checklist by countries under review - Chapters III and IV -
The Implementation Review Mechanism – Update
Methodologies, including evidence-based approaches, for assessing areas of special vulnerabilities to
corruption in the private and public sectors
1. Methods that can assist countries in identifying corruption-prone areas:• sectors, positions and procedures with higher risk of corrupt
practices, both in public and private sectors
2. Such methods should assist in developing preventive measures:• by providing specific and actionable information• based on sound methodology
UNODC approach to corruption measurement
UNTOC/UNCAC and emerging economic crimes
• Examples of emerging forms of economic crime, not adequately protected under other legal instruments: identity-related crime, match-fixing and illegal betting
• Within the scope of UNTOC:
(1) Criminal offence: – Involvement of an organized criminal group
• Groups structured to commit related crimes, launder proceeds
– Laundering of proceeds of crime– Serious crimes
• Identity theft/fraud, offences related to manipulation of sports
(2) Transnational in nature: • Actors and victims from multiple countries
• Within the scope of UNCAC:-Links to corruption-related offences covered by the Convention: Use of corruption to support the commission of crimes, launder proceeds or avoid detection
UNTOC: Flexible
Solid framework for international
cooperation: Tracing, freezing, confiscation,
MLA, extradition, special investigative techniques,
law enforcement cooperation
Corruption and Economic Crime BranchDivision for Treaty AffairsUnited Nations Office on Drugs and CrimeP.O.Box 500 ViennaA-1400 AustriaTel: +43-1-26060-5586
For further information: For further information: