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Anti-Corruption Policy 10 February 2011

Anti-Corruption Policy 10 February 2011. Anti-Corruption and Icelandic Legal Framework. Corruption as a criminal offence Active and passive bribery of Icelandic public officials constitutes a criminal offence, cf. GPCs Art. 109(1) and 128(1)

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Anti-Corruption Policy 10 February 2011

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  1. Anti-Corruption Policy 10 February 2011

  2. Anti-Corruption and Icelandic Legal Framework • Corruption as a criminal offence • Active and passive bribery of Icelandic public officials constitutes a criminal offence, cf. GPCs Art. 109(1) and 128(1) • Active and passive bribery of foreign public officials is a criminal offence, cf. GPCs Art. 109(2) and 128(2) • Active and passive bribery in the private business sector is a criminal offence, cf. GPCs Art. 264 a • Active and passive trading in influence is punishable, cf. GPCs Art. 109(2)(3) • Legal persons can be held liable, cf. GPCs chapter II A and Act on the Criminal Liability of Legal Persons for Bribery and Terrorism, No. 144/1998

  3. Anti-Corruption and Icelandic Legal Framework (2) • Corruption as a criminal offence (2) • The proceeds of crime can be confiscated, cf. GPCs chapter VII A • Gains can be estimated when it is not possible to demonstrate their monetary value, cf. GPCs Art. 69(1) • Onus of proof can be reversed under certain circumstances • The offence is of such a type as to result in substantial gains and • it is punishable by at least 6 years’ imprisonment • Confiscation from a third party possible under certain circumstances • From present or former spouse or • From a legal person where the individual concerned, alone or together with his or her immediate family, holds a controlling position • Disqualification measures for natural persons

  4. Anti-Corruption and Icelandic Legal Framework (3) • Other legislative Acts • Act on Measures Against Money Laundering and Terrorist Financing, No. 64/2006 • The Act imposes on parties engaging in activities which may be used for the purposes of money laundering and terrorist financing the obligation to obtain knowledge of their customers and their business activities and to report to the competent authorities any knowledge of such illegal activities. • Act on the Criminal Liability of Legal Persons for Bribery and Terrorism, No. 144/1998 • The Act stipulates that legal persons can be held liable for bribery and terrorist offences in accordance with chapter II A of the GPC. • The offences are subject to fines.

  5. Anti-Corruption and Icelandic Legal Framework (4) • Other legislative Acts (2) • Act on the Finances of Political Associations, No. 162/2006 • The Act stipulates which information from the accounts of political organizations and candidates shall be made public • Rules on donations from individuals and legal entities to candidates and on reporting requirement include both political organizations and candidates in presidential elections. • Maximum donation of ISK 400.000 • The maximum amount for donations provided from individuals and legal entities in direct relation to the establishment of a political organization can be twice the maximum donation according to the Act. • Names of individuals contributing more than ISK 200.000 are to be made public

  6. Anti-Corruption and Icelandic Legal Framework (4) • Other legislative Acts (3) • Act on the Finances of Political Associations, No. 162/2006 (2) • Donations received from unknown donors must revert to the Treasury. • The Icelandic National Audit Office is authorized to request documents from political organizations and candidates, in order to ascertain that their donations and election campaign expenses are in compliance with the Act. • Treasury allocations to political organizations are conditional upon the organization's prior fulfillment of its statutory duty to disclose information to the Icelandic National Audit Office. • Criminal liability under certain circumstances

  7. Anti-Corruption and Icelandic Legal Framework (5) • Other legislative Acts (4) • Act on Public Procurement, No. 84/2007 • Art. 47 of the Act stipulates that several criminal offences, including corruption, lead to exclusion from public procurement. • Governments Employee Act, No. 70/1996 • Sets out the basis for Code of Ethics for public officials, employees of Althingi and employees of the Courts. • Art. 13 a stipulates that a public employee that notifies the relevant authorities of a violation of law or code of ethics shall not suffer in any way for doing so. • Act on the Government Offices of Iceland, No. 70/1996 • Sets out the basis for Code of Ethics for the Government Offices

  8. EU Instruments • Convention on the Protection of the European Communities’ Financial Interests and its Protocols • Iceland is not a member to the EU • Thus legislation is not in place ensuring the Communities’ financial interests in particular. • However fraud, bribery and money laundering are criminal offences according to the GPC and confiscation measures are in place. • Legal measures needed in Iceland in order to ensure compatibility with the Convention and its protocols.

  9. EU Instruments (2) • Legal measures needed to ensure compatibility • Amendments to the General Penal Code • Jurisdiction • Criminal liability for heads of businesses

  10. EU Instruments (3) • Convention on the Fight Against Corruption Involving Officials of the European Communities or Officials of Member States of the EU • Iceland is not a member to the EU • Both active and passive bribery of public officials (Icelandic and foreign) are punishable according to the GPC and confiscation measures are in place. • Legal measures are needed in Iceland in order to ensure compatibility with the Convention.

  11. EU Instruments (4) • The legal measures needed to ensure compatibility with the Convention: • Amendments to the General Penal Code • EU officials regarded as falling under the term public official • Jurisdiction • Criminal liability for heads of businesses

  12. EU Instruments (6) • Council Decision 2008/852/JHA on a contact-point network against corruption • No legislative measures are needed for Iceland to be able to participate in the contact-point network • Iceland would be able to participate directly upon accession

  13. EU Instruments (5) • Council Framework Decision 2003/568/JHA on Combating Corruption in the Private Sector • Active and Passive bribery in the private sector is punishable according to the GPC, cf. Art. 264 a • Non-profit organizations do not fall under the scope of the provision • Instigating, aiding and abetting is punishable according to the GPC, cf. Art. 22 • Legal persons can be held liable, cf. Chapter II A of the GPC and Act on the Criminal Liability of Legal Persons for Bribery and Terrorism • Legal measures are necessary in order to ensure compatibility between the GPC and the Framework Decision

  14. Public Procurement • Directives 2004/17/EC and 2004/18/EC • Iceland has implemented Directive 2007/17/EC as part of the EEA agreement. • Act on Public Procurement, No. 84/2007. • Regulation No. 755/2007, on the procurement procedures of entities operating in the water, energy, transport and postal services sector, with later amendments. • Iceland has implemented Directive 2007/18/EC as part of the EEA agreement. • Act on Public Procurement, No. 84/2007. • According to Art. 47 of the Act, corruption is one of the criminal offences that lead to exclusion from public procurement.

  15. Money Laundering • Council Directive 2005/60/EC on Prevention of the use of the Financial System for the purpose of money laundering and terrorist financing • Iceland has implemented Directive 2005/60/EC as part of the EEA agreement • Act on Measures Against Money Laundering and Terrorist Financing, No. 64/2006 • Icelandic legislation is fully compliant with the directive • Thus no legal amendments are needed

  16. International Instruments • International conventions ratified by Iceland • COE Criminal Law Convention Against Corruption • UN Convention Against Transnational Organized Crime • OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions • Preparations for accession to the UN Convention Against Corruption are in its final stages • Legal amendments have been made • Accession documents expected to be sent in February 2011 • International conventions signed by Iceland • COE Civil Law Convention Against Corruption • Is under revision as regards possible legal amendments • COE Additional Protocol to Council of Europe’s Criminal Law Convention Against Corruption • Legislative amendments are being drafted

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