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«The CleanGovBiz Initiative supports governments, business and civil society in their efforts to build integrity and fight corruption. The initiative ...»

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 In the framework of candidates’ accession to the Anti-Bribery Convention, advice and expertise to support the development of domestic legislation which complies with the main provisions of the Convention is provided.

 The conduct of country visits in the framework of the Phase 2 and Phase 3 evaluations assist government officials, businesses, civil society, and individuals in acquiring a profound knowledge and understanding of the challenges posed by foreign bribery (scope, nature, causes and contributing factors) as well as of the weaknesses of the laws, institutions, and policies of the country being evaluated. Country visits also result in the publication of reports which provide a wealth of information on the implementation and enforcement of foreign bribery laws and measures.

 The meetings of the Working Group facilitate the exchange of good practices on the various specialised fields covered by the OECD AntiBribery Convention, for the design of institutions, laws, procedures and policies, with a view to promoting successful approaches.

 The Working Group’s activities encourage public-private sector partnerships against corruption, with a view to promote the business community’s engagement in the prevention of corruption by, inter alia, working with the business community to address practices that generate vulnerability to corruption, identifying elements of optimal self-regulation in the private sector, and holding regular consultations with the business community such as the most recent December 2010 Consultation on applying anti-bribery compliance measures to small- and medium-sized enterprises.

 The OECD Initiative to Raise Global Awareness of Foreign Bribery, launched in December 2009, supports governments, businesses, civil society, and individuals in communicating and raising awareness about the negative impact of foreign bribery and about the OECD Anti-Bribery Convention, as well as to encourage a proactive stance through targeted information campaigns and effective work with the media.

Regional programmes In addition to this advisory role directly linked to the monitoring of the OECD antibribery instruments, the Working Group on Bribery, recognising that foreign bribery is an international problem that needs international co-operation, has

CRIMINALISING BRIBERY

developed four initiatives covering different geographical regions to strengthen regional capacity to fight corruption: (1) the Anti-Corruption Network for Eastern Europe and Central Asia; (2) the Asian Development Bank (ADB)/OECD AntiCorruption Initiative for Asia and the Pacific; (3) the OECD/African Development Bank (AfDB) Initiative to Support Business Integrity and Anti-Bribery Efforts in Africa; and (4) the Latin America Programme.

ASIA-PACIFIC - www.oecd.org/corruption/asiapacific The ADB/OECD Anti-Corruption Initiative for Asia and the Pacific: The ADB/OECD Initiative supports 28 Asian and Pacific economies in their anticorruption efforts. It aims to increase members’ capacities to implement international anti-corruption standards set out in the OECD anti-bribery instruments, the UNCAC and the Initiative’s own Anti-Corruption Action Plan for Asia-Pacific. The Initiative provides a forum for its members to exchange experience, and identifies its members’ technical assistance needs through self-reporting and reviews of specific areas of anti-corruption efforts. The Initiative also facilitates the delivery of technical assistance through its meetings, seminars and conferences.

EASTERN EUROPE AND CENTRAL ASIA – www.oecd.org/corruption/acn The Anti-Corruption Network for Eastern Europe and Central Asia (ACN): The ACN covers more than 20 countries in Eastern Europe and Central Asia. This network provides a regional forum for the governments, civil society, business and international partners to promote anti-corruption reforms and exchange of experience and good practice. The network carries out two types of activities: peer learning and peer review. The peer learning involves regional conferences and specialised expert seminars, as well as development of guidance materials for practitioners on selected issues, such as anti-corruption standards for criminal law; investigation and prosecution of corruption offences; specialised anti-corruption bodies; asset declarations of public officials as a tool to prevent corruption; integrity training for public officials, and other issues. The peer review is carried out in the framework of the Istanbul Action Plan (IAP), a project launched in 2003 to support anticorruption reform efforts in Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, Ukraine and Uzbekistan. The implementation of the IAP involves review of countries’ anti-corruption policies and institutions and adoption of country specific recommendations, followed by monitoring of implementation of recommendations. In 2009, the IAP entered its second

CRIMINALISING BRIBERY

round of anti-corruption monitoring, which draws on the Working Group on Bribery’s peer-review monitoring system but assesses countries' progress along the standards established by the UN Convention against Corruption and other international instruments and good practice. The second round of monitoring will be completed in 2011. IAP countries are encouraged to use their reports in the framework of UNCAC review mechanisms.





AFRICA - www.oecd.org/corruption/africa The joint OECD/AfDB Initiative to Support Business Integrity and Anti-Bribery Efforts in Africa: Launched in December 2008 by the OECD and the African Development Bank, the Initiative supports the efforts of African governments and business to fight bribery and to boost corporate integrity. It helps countries design and put in place effective policies to combat bribery of domestic and foreign public officials in business transactions and aims to strengthen private sector transparency and promote integrity in business operations. Finally, it seeks to enhance complementarities among the African Union Convention on Preventing and Combating Corruption, the UNCAC, and the OECD Anti-Bribery Convention. The Initiative provides a forum to facilitate exchanges on implementation of a course of action agreed in January 2011 including through the active participation of business and civil society.

LATIN AMERICA – www.oecd.org/corruption/latinamerica The goal of the OECD-Latin America Anti-Corruption Programme is to strengthen the implementation and enforcement of international and regional anti-corruption conventions in the region. Since 2007, this effort has been supported by the Organisation of American States (OAS). The Programme benefits from the leadership of Latin American countries that are Parties to the Anti-Bribery Convention. Argentina, Brazil, Chile and Mexico drive the OECD Latin-America Anti-Corruption Programme agenda and act as a bridge between the Working Group on Bribery and the region.

Tools, manuals and publications To provide guidance and assistance in the area of bribery, the OECD has developed several tools, manuals and publications and is currently developing

new ones. Available online at www.oecd.org/daf/nocorruption, these include:

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 Good Practice Guidance on Implementing Specific Articles of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, annexed to the OECD 2009 AntiBribery Recommendation (2010)  Good Practice Guidance on Internal Controls, Ethics and Compliance, annexed to the OECD 2009 Anti- Bribery Recommendation (2010)  The Criminalisation of Bribery in Asia and the Pacific: Frameworks and Practices in 28 Jurisdictions (2010)  Typology on the Role of Intermediaries in International Business Transactions (2009)  Corruption: A Glossary of International Standards in International Law (2008)  Mutual Legal Assistance, Extradition and Recovery of Proceeds of Corruption in Asia and the Pacific: Frameworks and Practices in 27 Asian and Pacific Jurisdictions (2008)  Review of the OECD Instruments on Combating Bribery of Foreign Public Officials in International Business Transactions Ten Years After Adoption (2008)  Specialised Anti-Corruption Institutions: Review of Models (2008)  Bribery in Public Procurement : Methods, Actors and Counter-Measures (2007)  Mid-Term Study of Phase 2 reports: Application of the OECD Convention and the 1997 Recommendation on Combating Bribery in International Business Transactions (2006)  Effective Prosecution of Corruption (2003)

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UNITED NATIONS

The UN Convention against Corruption The UNCAC provides an agreed framework for providing support to developing countries to enhance their anti-corruption efforts. It specifically includes a chapter on Technical Assistance and Information Exchange. This covers a range of issues, including building capacity in the development and planning of strategic anticorruption policy, training relevant authorities to handle issues of mutual legal assistance, and activities relating to prevention of transfer of proceeds of offences. It also specifically calls on states parties, to the extent possible, to enhance financial and material assistance to support the efforts of developing countries to fight corruption effectively and to help them implement the Convention successfully.

Moreover, pursuant to the UNCAC, the Conference of the States Parties provides a forum for assessing needs and coordinating development assistance in the field of anti-corruption, including mobilisation of funding, in support of implementation of the Convention.

Implementation tools related to the UNCAC include:

 Legislative Guide for the Implementation of the UNCAC  Technical Guide to the United Nations Convention against Corruption  UN Anti-Corruption Toolkit  United Nations Handbook on Practical Anti-Corruption Measures for Prosecutors and Investigators  TRACK - Tools and resources for anti-corruption knowledge (including the Legal Library) www.track.unodc.org www.cleangovbiz.org



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