Measuring and assessing corruption and economic crime: The role and mandate of UNODC

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

2. UNCAC signature and ratification status Adopted by GA Res. 58/4, 31 October 2003 Entered into force: 14 December 2005 161 States parties

3. Prevention (Art. 5-14) Criminalization Asset Recovery International Cooperation Structure of the Convention

4. 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) Chapter III: Criminalization and law enforcement

5. The Conference of the States Parties Promote, Facilitate & Review Implementation Make recommendations Facilitate Information Exchange CoSP 5 2013 Panama CoSP 4 Oct. 2011 Morocco CoSP 3 Nov. 2009 Qatar CoSP 2 Jan/Feb 2008 Indonesia CoSP 1 Dec 2006 Jordan

6. Current architecture of UNCAC treaty bodies

7. 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

8. Country report, executive summary to go to IRG Self assessment Desk Review Active dialogue (telcon.; country visit etc.) The review stages Peer review process

9. TA needs identified through the self-assessment checklist by countries under review - Chapters III and IV - The Implementation Review Mechanism – Update

10. Methodologies, including evidence-based approaches, for assessing areas of special vulnerabilities to corruption in the private and public sectors • 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 • Such methods should assist in developing preventive measures: • by providing specific and actionable information • based on sound methodology

11. UNODC approach to corruption measurement

12. UNTOC: Flexible 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/UNCAC and emerging economic crimes Solid framework for international cooperation: Tracing, freezing, confiscation, MLA, extradition, special investigative techniques, law enforcement cooperation

13. For further information: Corruption and Economic Crime Branch Division for Treaty Affairs United Nations Office on Drugs and Crime P.O.Box 500 Vienna A-1400 Austria Tel: +43-1-26060-5586 dimosthenis.chrysikos@unodc.org