United Nations Convention against Corruption

The United Nations Convention against Corruption is the first global legally binding international agreement to combat corruption. It obliges Parties to punish various forms of corruption against public officials and international cooperation. The Convention has been ratified by 170 countries (as of November 2013); the most populous states, which are not yet bound by the Convention are Japan, Germany, Sudan, North Korea and Syria.

Formation

Negotiations

In 2001, the General Assembly of the United Nations, an ad hoc committee to against cross- border organized crime develop independently of the Convention, an international agreement to combat corruption. This committee negotiated the Convention of 21 January 2002 until 1 October 2003 in Vienna. On 31 October 2003, the Convention was approved by the General Assembly of the United Nations adopted ( resolution 58 /4). From 9 to 11 December 2003, the signing conference was held in Mérida ( Mexico).

Status of ratification

The Convention entered into on 14 December 2005, 90 days after the deposit of the 30th instrument of ratification, in force. It was signed by the end of the subscription period on December 9, 2005 by 140 States. To date, 170 parties, including the European Union, which ratified UNCAC.

Germany

Germany signed the Convention on 9 December 2003, but not yet ratified it so far. This requires numerous changes to the Criminal Code ( StGB ), in particular an extension of the offense of bribery of MPs (section 108e of the Criminal Code ). In October 2007, the federal government submitted to the 16th German Bundestag before the draft amendment to the Criminal Law, which they suggested most of the necessary amendments to the Criminal Code. A supplemental draft law amending paragraph 108e of the Criminal Code should be introduced from the middle of the Bundestag. Such a design put the group of The Left ago in April 2008. Due to the end of its term in October 2009, both projects completed. In the 17th German Bundestag again suggesting the group of The Left in April 2010 and the Alliance 90/The Greens in May 2011 and the fraction of the SPD in February 2012 draft legislation amending of Section 108e of the Criminal Code before. All drafts were referred for further consideration in various committees of the Bundestag ( under the auspices of the Legal Committee ). As late as June 2013 had declined, with their majority in the Bundestag stricter rules against bribery of MPs the government coalition of CDU / CSU and FDP. In the CDU / CSU parliamentary group, there were in 2013 so far no consensus in support of ratification. The CSU chairman Horst Seehofer wooed ratification and has the current situation " not for their image " referred to as ' that Germany has not yet ratified the Convention and thus is in company with countries like Syria, Sudan and North Korea. The parliamentary secretary of the CDU / CSU Parliamentary Group Michael Grosse- Brömer (CDU ) said on August 10, 2013 that there were " still significant constitutional concerns ."

On 21 February 2014, the Parliament passed a bill to strengthen the rules against the MPs bribery in second and third reading.

Austria

Austria signed the Convention on 10 December 2003 and ratified on 11 January 2006.

Switzerland

Switzerland has signed the Convention on 10 December 2003 and ratified on 24 September 2009.

Content

The Convention deals with the prevention, investigation and prosecution of corruption and the freezing, seizure and confiscation of proceeds of crime.

It contains in Articles 5 to 14, among others, the following preventive measures against corruption:

  • Codes of conduct for civil servants and measures by which the independence of the judiciary is to ensure
  • Objective criteria for recruitment and promotion of civil servants and public procurement,
  • Promoting transparency and accountability in the management of public finances and in the private sector,
  • Participation of civil society.

Articles 15 to 42 regulate the obligation of states to provide various facts concerning corruption punishable.

In Articles 43 to 50, the international cooperation in anti-corruption work is described, whose core is a system for mutual assistance. Currently, many anti-corruption procedures are set, because the lack of cooperation between the countries makes it impossible to follow the money trail. It is important in particular the introduction of an international cooperation in the return of stolen assets. Measures to encourage the return of assets are included in the articles 51 to 59. This should also be the possibility of the return of the acquired through corruption and abroad spent assets of corrupt political leaders are created.

Another subject matter of the Convention provisions on money laundering and the possibility of claims for compensation for victims of corruption.

Finally, a conference of the States Parties is established to improve the capacity of and cooperation between them to achieve the objectives set out in this Convention and to promote its application and check.

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