THE laws. 3. Aims at solving the impacts

THE ANTI CORRUPTION TREATY

AUTHORS: AUSTRALIA, SOUTHKOREA, DENMARK

CO-AUTHORS: RUSSIA, GREECE, MEXICO

SIGNATORIES:   MALAYSIA, ITALY,
SWEDEN, NIGERIA, SWITZERLAND

TREATY FOR THE PROVISION OF A FRAMEWORK OF ANTI CORRUPTION

PREMABLE:

1. Recalling, the main initiative of the United Nations to provide peace.

2. Recognizing the sovereignty of every country.

3. Aware of the inherent problems which arrive with corruption and its
types.

4. Integrating the previous counter corruption treaties and acts.

5. Recognizing the causes of corruption that plague the global community.
6. Acknowledges the acts of Corruption and the types of corruption.

7. urges every state to take Counter measures against Corruption that are
discussed in the treaty.

8. Deeply concerned by the misuse of political powers that lead to
corruption.

9. Expects every state to abide by the framework proposed by the treaty.

Hereby agree on the following:

 

ARTICLE 1: STATEMENT OF PURPOSE

The purpose of this treaty is to:

The purpose of this treaty is to counter Corruption and acts that
constitute corruption like bribery, tax evasion, money laundering, embezzlement,
misuse of political powers, nepotism, impunity and extortion.

           1.  Ensure that all counter corruption measures
are in accordance with the United Nations convention against corruption, The
Doha Declaration and UNODC publications against Corruption.

2. To Implement Counter Corruption measures in every country keeping in
regard the sovereignty of the state and the domestic laws.

3. Aims at solving the impacts of corruption.

ARTICLE 2: DEFINATION OF TERMS

The treaty defines the global terms related to corruption in the following
words;

1. “Proceeds of crime”: shall mean any property derived from or
obtained,

Directly or indirectly, through the commission of an offence;

2. “Controlled Delivery” refers to the technique that
allows the illegal consingments to pass the borders under the supervision of
the right authorities to catch the regulators involved in corruption within the
anti-corruption framework.

3. “Property” refers to every kind of assets wether
tangible or intangible, movable or immovable.

4. “Public Official” means any representative of the
people who holds a legislative, judicial or executive office of a state party
and performs a public function or a public service for a public agency or a
public office or another person who is defined as a public official within the
domestic legislature of a state.

 

ARTICLE 3: METHODS OF PREVENTION

 

The treaty proposes the following methods to build an effective
framework for the prevention of corruption, keeping in mind the economical
state of each country is flexible to adjustments within the domestic laws of a
state party.

 

1. Giving better salaries in the government jobs to counter the greed
disease of people.

(a) In case a state is not able to increase the salaries, the state
may offer other monetary benefits such as health and education so that the
basic needs of a person remain satisfied.

2. The treaty urges all the states to carry out Dismissal with severe
punishments to any public official found or caught in corruption or any of the
acts that constitute corruption.

3. By the use of intelligence sources and intelligence reports within
institutions, keep a constant check on the public officials.

 (1). The Treaty Proposes a
formation of a global intelligence body which is formed by members of
intelligence units of each state the purpose of this body is to;

(a). Encounter the regional cross border crime which cannot be contained or
tackled unilaterally.

(b). Intelligence sharing that would help countries in detection of
corruption and crime which in fact presents a threat to global economy and the
safety.

4. Investigations, Inquiries and Filling of Cases of Corruption.

(a). In case the investigating authority comes to know, through any
information, source or a complaint lodged by any person, that any person has
committed or is going to commit corruption, it shall initiate necessary investigations,
inquiries and other actions in this regard.

 (b). In case the investigating
authority has received an information from any source that any person has
committed or is going to commit corruption, such authority may take immediate
actions including raid, seizure of documents or goods and materials or
property.

5. Powers of investigating body: The investigative body, while inquiring or
investigating corruption under this chapter may exercise the following powers;

(a).  The body may order the Public
official to submit a document for e.g. the detailed report of assets of
transactions or any piece of document that the body requires for investigation.

(b). The investigating body after taking or recording statements from the
accused official may release him and until a fixed till which the official is
not required. The body may give a date and place of its choosing to carry out
more investigations or if the body does not feel so may keep him in custody.

(c). In case the accused official does not show up on the prescribed date
or does not declare his properties or is trying to conceal any facts from the
investigating body, the body may issue an arrest warrant against the official.

6. Establishment of an Anti-corruption Vigilance and awareness Force under
the direct control of the head of the state to run awareness programs against
corruption and effectively control corruption oriented acts.

(a). Functions of Anti-Corruption Vigilance and awareness force

(1). To keep a constant survey on the public offices and public officials
and alert them in case the function to be carried out are not carried out properly.

(2). Making necessary suggestions to the head of state regarding the
changes to be implemented in the anti-corruption policies of a government.

 

(3). Surprise checks on potential public officials.

7.  There shall be no hindrance to
initiate proceedings and finalize a case, even if the accused or defendant dies
before or after a case, under this act is filed.      

8. Each state Party that has ratified the UNCAC should implement it within
its domestic laws the Government of Australia believes that the UNCAC
implementation is a very important step in countering corruption.

 

 

 

ARTICLE 4: FRAMEWORK TO CLOSE INTERNATIONAL LOOPS

 

Without access to the international financial corrupt public officials throughout
the world would not be able to launder and hide the proceeds of looted state
assets.

Major financial centers urgently need to put and place ways to stop their
banks and cooperating offshore financial centers from absorbing illicit flows
of money.

The European Union recently approved the forth anti money laundering
directive which requires EU member states to create registers of the
beneficial owners of companies established within their borders. However, the
directive does not requires these registers to be made public. Similarly the
Norwegian, UK, and Ukrainian governments have all approved legislation
requiring companies to disclose information about their owners although these
have yet to come and enforce.

 

 

 

 

 

 

 

ARTICLE 5: FRAMEWORK FOR CRIMINIALISATION AND LAW ENFORCEMENT

 

1. The treaty urges the state parties to recognize the offences as criminal
activities and take necessary counter measures against them.

2. According to this treaty, the bail and appeal mechanisms need to be strictly
improved, the request for bail is to match the gravity and proceeds of crime.

3. According to this treaty, responsibility for investigating corruption
offences is divided between State and Territory police forces. Once an
investigating body completes an investigation of a corruption offence it refers
the case to the relevant Director of Public Prosecutions (DPP). The DPP then
makes an independent assessment on whether to prosecute the case.

4.  This treaty supports Criminal
Cooperation with law enforcement agencies and requires the implementation of
this article by all state parties within their domestic capabilities. According
to the UNCAC’s Article 37 sub clause 2, “Each State Party shall consider
providing for the possibility, in appropriate cases, of mitigating punishment
of an accused person who provides substantial cooperation in the investigation
or prosecution of an offence established in accordance with this
Convention.”

5. The issue of impunity is of high concern as well as the boundaries to
which impunities can be applied. The treaty does not support impunity and
believes that all are equal in the eyes of the law and are meant to be held
equally accountable.

6. For the purpose of constantly keeping a check on our institutions the treaty
proposes and encourages development of a team like, The Australian Commission
for Law enforcement which can take jurisdiction over the Australian police and Australian
crime commission.

7. Implementation of the Division 70 criminal code, “Any person who
attempts to bribe a public official is to be prosecuted under the law,”
the treaty urges all the states to implement this code in regard of their
domestic policies to eradicate bribery and its types.

8. ARTICLE 6 sub clause 1 emphasizes on the building of an anti-corruption
body with substantial independence, this treaty requires the formation of an anti-corruption
body under the article 6 sub clause 1 of UNCAC.

9. The Treaty requires implementation of the method of controlled delivery
across every border to catch those who are corrupting our anti-corruption
systems. By this we could think of possibly eradicating the plague of
corruption.

ARTICLE 6: DEVELOPING ANTI MONEY LAUNDERING FRAMEWORK

 

The Treaty urges the state parties to form an anti-money laundering
framework based upon the following points:

1. The strict use of ANTI MONEY LAUNDERING SYSTEMS (AMLS) by all the
financial institutions which is a system of having detailed research on the
client before opening a bank account, making use of research programs like
LEXIS NEXIS and other AMLS.

2. The Use of UNODC TRACK by all the financial institutions which is
a legal library and contains information on corruption from 175 states
worldwide.

3. Implementation of marking “red flags”, which means that a
certain fixed amount of transactions in a certain period of time exceeding a particular
limit is revealable.

4. Customer Due Diligence or CDD to be conducted on all customers before
opening of an account.

5. Keep strong checks on private banks by constant monitoring to stop them
from harboring money laundering.

ARTICLE 7: FRAMEWORK FOR INTERNATIONAL COOPERATION

 The international Cooperation
framework ensures that corrupt individuals will not be able to exploit
international boundaries to avoid prosecution, the mutual assistance act in
criminal matters act 1987, mutual assistance in business regulation act 1992,
extradition act 1988 and proceeds of crime act 2002 enable Australia to
cooperate with other countries to prevent, investigate and prosecute offenders.
The government of Australia urges the state parties to come up with such acts
and laws that promote mutual assistance.

1. THE TREATY  endeavors to
strengthen international cooperation as a cornerstone of our efforts to enhance
crime prevention and ensure that our criminal justice systems are effective,
fair, humane and accountable, and ultimately to prevent and counter all crimes
by organizing international conference on reframing anti-corruption measures
and policies to effectively counter corruption.

2. Establishment of a committee that bridges the gap between the government
and the people. The purpose of this committee would be for the prevention,
detection, sanctioning of administrative responsibilities and acts and would
promote regional and international cooperation

•    It would require citizen
participation. This would ensure financial transparency.

In addition, it would include accountability. If the people demand answers,
they will be given since citizen participation is a pillar of the committee.

•It would break the monopoly of various political settings

 

This consists of two pillars

•Coordinating committee- responsible for coordinating the different aspects
of the committees.

•Citizen participation committee- this is the most important committee as
citizen participation is the foundation.

The frame work in accordance with the article 45,46 would enable agreement
with other states for transfer of already sentenced person which states; “Article
45”. Transfer of sentenced persons

States Parties may consider entering into bilateral or multilateral
agreements or arrangements on the transfer to their territory of persons
sentenced to imprisonment or other forms of deprivation of liberty for offences
established in accordance with this Convention in order that they may complete
the sentence.

The treaty introduces a method of joint investigations for the promotion of
international cooperation which is in accordance with the article 49 of the
UNCAC which states, “Article 49. Joint investigations”

States Parties shall consider concluding bilateral or multilateral
agreements; or arrangements whereby, in relation to matters that are the
subject of investigations, prosecutions or judicial proceedings in one or more
States, the competent authorities concerned may establish joint investigative
bodies. In the absence of such agreements or arrangements, joint investigations
may be undertaken by agreement on a case-by-case basis. The States Parties
involved shall ensure that the sovereignty of the State Party in whose
territory such investigation is to take place is fully respected.

Furthermore the treaty wants the countries to fund international aid
programs which will help fight the poor countries against corruption. For
example; the Australian government has established AUSAID which gives $897
million dollars to:

(a). ASIA-PACIFIC countries to combat money laundering.

(b). public expenditure management in kirbati, Solomon and other countries.

(C). building police offices and police reforms in Indonesia and Philippines.

                                 

 ATRICLE 8: SOLOUTION FOR ASSET
RECOVERY

According to the Chapter V of The UNCAC; the state parties to return
assets obtained through corruption or proceeds of crime to the country
originally holding them.

 

 

 

Recomends, the Technical and legal assistance, Aid examination, and
Punishment reevaluation (TAP) framework to be implemented:

Technical and Legal Assistance

1) A team of lawyer will be established by the P5+1, where each country
will contribute a minimum of 2 and a maximum of 6 experts who have experience
in Anti-Corruption law. This team will be known as the Legal Anti-Corruption
Commission (LCC)

2) The P5+1 can chose to add or remove lawyers that they have appointed as
long as they stay with the minimum and maximum requirements

3) Countries that are signatories to the United Nations Convention Against
Corruption (UNCAC) can request the LCC to come into their country to assist
them in technical and legal regards with implementing the UNCAC

4) All finances required by the LLC will be given by the P5+1

5) The LCC will unitize the “Legislative guide for the implementation of
the United Nations Convention Against Corruption” and the “Technical guide for
the implementation of the United Nations Convention Against Corruption”

6) The LCC will assist the country in implementation until the country
states that they no longer need their help

7) The LCC will compile a report every 3 years regarding all the progress
they made in those years, the report will be submitted to the “Implementation
Review Group” for the UNCAC, where it will be discussed

8) The Implementation Review Group will give their opinion to the
“Conference of the State Parties”, the CoSP can decide to disband the LCC if
they ruled that is unproductive.

Aid Examination

1) States that provide large amount of financial aid to developing
countries should be aware concerning what their aid is being spent on

2) States can ask for biannual or annual reports from countries they send
aid to, in which the accomplishments of the aid be elaborated on,

3) States should critically examine these reports and decide if aid funds
are being embezzled,

 4) In case of embezzlement, the
state should make adjustments to the aid sent, keeping mind that each case of
aid embezzlement is very different from the other, and several factors should
be taken into account, such as the economic status of the country aid is being
sent to,

5) Adjustment of aid can be in the form of reducing aid, cutting off aid,
and sending forms of aid other than money, such as vaccines and food,

6) Countries should inform each other of aid embezzlement cases that they
found, so countries do not keep sending aid that will be embezzled.

Punishment
Reevaluation

1) States should have harsh and strict punishment for corruption, as to
deter it from occurring in the first place,

2) Minimum punishment should be serve, for example a minimum fine of $1000
USD or equivalent, and a minimum prison sentence of 3 months,

3) Maximum punishments should be extremely severe, such as a fine of 100
times the amount taken or given in bribery, and a maximum of prison sentence of
25 years.

 

ARTICLE 10: ENTRY INTO FORCE

 

The treaty shall enter into force immediately after passing.

 

ARTICLE XI: LANGUAGES AND DEPOSITARY

1. The secretary general of the United Nations is the direct depositary of
the language.

2. The original of this treaty of which Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic shall be deposited with the secretary
general of the United Nations.