The United Nations Convention Against Corruption: A Commentary

Description

The United Nations Convention against Corruption includes 71 articles, and takes a notably comprehensive approach to the problem of corruption, as it addresses prevention, criminalization, international cooperation, and asset recovery. Since it came into force more than a decade ago, the Convention has attracted nearly universal participation by states. As a global and comprehensive convention, which establishes new rules in several areas of anti-corruption law and helps shape domestic laws and policies around the world, this treaty calls for scholarly study. This volume helps to fill a gap in existing academic literature by providing an invaluable reference work on the Convention. It provides systematic coverage of the treaty, with each chapter discussing the relevant travaux preparatoires, the text of the final article, comparisons with other anti-corruption treaties, and available information about domestic implementing legislation and enforcement. This commentary is designed to serve as a reference work for academics, lawyers, and policy-makers working in the anti-corruption field, and in the fields of transnational criminal law and domestic criminal law. Contributors include anti-corruption experts, scholars, and legal practitioners from around the globe. Cover The United Nations Convention Against Corruption Copyright Table of Contents Introduction Preamble Chapter I: General provisions Article 1: Statement of purpose Article 2: Use of terms Article 3: Scope of application Article 4: Protection of sovereignty Chapter II: Preventive measures Article 5: Preventive anti-​corruption policies and practices Article 6: Preventive anti-​corruption body or bodies Article 7: Public sector Article 8: Codes of conduct for public officials Article 9: Public procurement and management of public finances Article 10: Public reporting Article 11: Measures relating to the judiciary and prosecution services Article 12: Private sector Article 13: Participation of society Article 14: Measures to prevent money laundering Chapter III: Criminalization and law enforcement Article 15: Bribery of national public officials Article 16: Bribery of foreign public officials and officials of public international organisations Article 17: Embezzlement, misappropriation, or other diversion of property by a public official Article 18: Trading in influence Article 19: Abuse of functions Article 20: Illicit enrichment Article 21: Bribery in the private sector Article 22: Embezzlement of property in the private sector Article 23: Laundering of proceeds of crime Article 24: Concealment Article 25: Obstruction of justice Article 26: Liability of legal persons Article 27: Participation and attempt Article 28: Knowledge, intent, and purpose as elements of an offence Article 29: Statue of limitations Article 30: Prosecution, adjudication, and sanctions Article 31: Freezing, seizure, and confiscation Article 32: Protection of witnesses, experts, and victims Article 33: Protection of reporting persons Article 34: Consequences of acts of corruption Article 35: Compensation for damage Article 36: Specialized authorities Article 37: Cooperation with law enforcement authorities Article 38: Cooperation between national authorities Article 39: Cooperation between national authorities and the private sector Article 40: Bank secrecy Article 41: Criminal record Article 42: Jurisdiction Chapter IV: International cooperation Article 43: International cooperation Article 44: Extradition Article 45: Transfer of sentenced persons Article 46: Mutual legal assistance Article 47: Transfer of criminal proceedings Article 48: Law enforcement cooperation Article 49: Joint investigations Article 50: Special investigative techniques Chapter V: Asset recovery Article 51: General provision Article 52: Prevention and detection of transfers of proceeds of crime Article 53: Measures for direct recovery of property Introduction to Articles 54 and 55 Article 54: Mechanisms for recovery of property through international cooperation in confiscation Article 55: International cooperation for purposes of confiscation Article 56: Special cooperation Article 57: Return and disposal of assets Article 58: Financial intelligence unit Article 59: Bilateral and multilateral agreements and arrangements Chapter VI: Technical assistance and information exchange Article 60: Training and technical assistance Article 61: Collection, exchange, and analysis of information on corruption Article 62: Other measures: implementation of the convention through economic development and technical assistance Chapter VII: Mechanisms for implementation Article 63: Conference of the states parties to the convention Article 64: Secretariat Chapter VIII: Final provisions Article 65: Implementation of the convention Article 66: Settlement of disputes Article 67: Signature, ratification, acceptance, approval, and accession Article 68: Entry into force Article 69: Amendments Article 70: Denunciation Article 71: Depositary and languages Select Bibliography Index