Measuring and assessing corruption and economic crime: The role and mandate of UNODC Dimosthenis Chrysikos UNODC/DTA/CEB/CSS.

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

[email protected]

For further information: For further information: