What does the UN Convention against Corruption say?
The UN Convention against Corruption (UNCAC) is the most comprehensive international anti-corruption agreement in existence. The Convention considers a great variety of matters related to combating corruption and is destined to be applied globally.
The specific objectives of the Convention are: to promote and strengthen measures to prevent and combat corruption more efficiently and more effectively; to facilitate international cooperation and technical assistance; and to promote integrity, accountability, and proper management of public affairs and public property. The scope both geographic and thematic of the Convention make it a unique legal instrument to combat corruption worldwide.
The Convention is comprised of eight chapters outlining the State Parties' commitments:
- Chapter I concerns the purposes, definitions, and scope of application of the Convention.
- Chapter II discusses preventive measures against corruption which involve public policies and state practices, preventive bodies, public sector measures, codes of conduct, public procurement, proper management of public finances, transparency and public information, as well as measures regarding the judiciary and prosecution processes, preventing corruption in the private sector, civil society participation, and measures against money-laundering.
- Chapter III concerns criminalization and law enforcement. This chapter establishes the criminal character of bribery of national public officials, foreign public officials, or officials of public international organizations, as well as bribery and embezzlement in the private sector, the misappropriation or embezzlement of public funds, trading in influence, abuse of functions, illicit enrichment, laundering of proceeds of crime, participation in criminal activity, and considers the liability of legal persons. This chapter includes measures regarding property and the protection of witnesses, experts, victims, and whistleblowers, as well as banking secrecy.
- Chapter IV regulates international cooperation, specifically with regard to extradition, mutual legal assistance, joint investigations, and special investigative techniques.
- Chapters V and VI deal respectively with asset recovery and information exchange, in addition to international technical assistance in combating corruption.
- Chapter VII discusses mechanisms for implementation, such as a review mechanism, which should be established in the future to assure compliance with the commitments made by signatories, exchange of information, and cooperation.
- Lastly, Chapter VIII is dedicated to matters of implementation, entry into force, and amending the Convention.
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