THE ANTI CORRUPTION TREATYAUTHORS: AUSTRALIA, SOUTHKOREA, DENMARKCO-AUTHORS: RUSSIA, GREECE, MEXICOSIGNATORIES: MALAYSIA, ITALY,SWEDEN, NIGERIA, SWITZERLANDTREATY FOR THE PROVISION OF A FRAMEWORK OF ANTI CORRUPTIONPREMABLE: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 itstypes.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 arediscussed in the treaty.8. Deeply concerned by the misuse of political powers that lead tocorruption.9. Expects every state to abide by the framework proposed by the treaty.Hereby agree on the following: ARTICLE 1: STATEMENT OF PURPOSEThe purpose of this treaty is to:The purpose of this treaty is to counter Corruption and acts thatconstitute corruption like bribery, tax evasion, money laundering, embezzlement,misuse of political powers, nepotism, impunity and extortion.
1. Ensure that all counter corruption measuresare in accordance with the United Nations convention against corruption, TheDoha Declaration and UNODC publications against Corruption.2. To Implement Counter Corruption measures in every country keeping inregard the sovereignty of the state and the domestic laws.
3. Aims at solving the impacts of corruption.ARTICLE 2: DEFINATION OF TERMSThe treaty defines the global terms related to corruption in the followingwords;1. “Proceeds of crime”: shall mean any property derived from orobtained,Directly or indirectly, through the commission of an offence;2. “Controlled Delivery” refers to the technique thatallows the illegal consingments to pass the borders under the supervision ofthe right authorities to catch the regulators involved in corruption within theanti-corruption framework.3.
“Property” refers to every kind of assets wethertangible or intangible, movable or immovable.4. “Public Official” means any representative of thepeople who holds a legislative, judicial or executive office of a state partyand performs a public function or a public service for a public agency or apublic office or another person who is defined as a public official within thedomestic legislature of a state. ARTICLE 3: METHODS OF PREVENTION The treaty proposes the following methods to build an effectiveframework for the prevention of corruption, keeping in mind the economicalstate of each country is flexible to adjustments within the domestic laws of astate party.
1. Giving better salaries in the government jobs to counter the greeddisease of people.(a) In case a state is not able to increase the salaries, the statemay offer other monetary benefits such as health and education so that thebasic needs of a person remain satisfied. 2.
The treaty urges all the states to carry out Dismissal with severepunishments to any public official found or caught in corruption or any of theacts that constitute corruption.3. By the use of intelligence sources and intelligence reports withininstitutions, keep a constant check on the public officials. (1).
The Treaty Proposes aformation of a global intelligence body which is formed by members ofintelligence units of each state the purpose of this body is to;(a). Encounter the regional cross border crime which cannot be contained ortackled unilaterally.(b). Intelligence sharing that would help countries in detection ofcorruption and crime which in fact presents a threat to global economy and thesafety.
4. Investigations, Inquiries and Filling of Cases of Corruption.(a). In case the investigating authority comes to know, through anyinformation, source or a complaint lodged by any person, that any person hascommitted or is going to commit corruption, it shall initiate necessary investigations,inquiries and other actions in this regard.
(b). In case the investigatingauthority has received an information from any source that any person hascommitted or is going to commit corruption, such authority may take immediateactions including raid, seizure of documents or goods and materials orproperty.5. Powers of investigating body: The investigative body, while inquiring orinvestigating corruption under this chapter may exercise the following powers;(a). The body may order the Publicofficial to submit a document for e.g.
the detailed report of assets oftransactions or any piece of document that the body requires for investigation.(b). The investigating body after taking or recording statements from theaccused official may release him and until a fixed till which the official isnot required. The body may give a date and place of its choosing to carry outmore 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 dateor does not declare his properties or is trying to conceal any facts from theinvestigating body, the body may issue an arrest warrant against the official.6. Establishment of an Anti-corruption Vigilance and awareness Force underthe direct control of the head of the state to run awareness programs againstcorruption 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 officialsand 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 thechanges to be implemented in the anti-corruption policies of a government. (3).
Surprise checks on potential public officials.7. There shall be no hindrance toinitiate proceedings and finalize a case, even if the accused or defendant diesbefore or after a case, under this act is filed. 8. Each state Party that has ratified the UNCAC should implement it withinits domestic laws the Government of Australia believes that the UNCACimplementation is a very important step in countering corruption.
ARTICLE 4: FRAMEWORK TO CLOSE INTERNATIONAL LOOPS Without access to the international financial corrupt public officials throughoutthe world would not be able to launder and hide the proceeds of looted stateassets.Major financial centers urgently need to put and place ways to stop theirbanks and cooperating offshore financial centers from absorbing illicit flowsof money.The European Union recently approved the forth anti money launderingdirective which requires EU member states to create registers of thebeneficial owners of companies established within their borders. However, thedirective does not requires these registers to be made public.
Similarly theNorwegian, UK, and Ukrainian governments have all approved legislationrequiring companies to disclose information about their owners although thesehave 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 criminalactivities and take necessary counter measures against them.2. According to this treaty, the bail and appeal mechanisms need to be strictlyimproved, the request for bail is to match the gravity and proceeds of crime. 3. According to this treaty, responsibility for investigating corruptionoffences is divided between State and Territory police forces. Once aninvestigating body completes an investigation of a corruption offence it refersthe case to the relevant Director of Public Prosecutions (DPP).
The DPP thenmakes an independent assessment on whether to prosecute the case. 4. This treaty supports CriminalCooperation with law enforcement agencies and requires the implementation ofthis article by all state parties within their domestic capabilities. Accordingto the UNCAC’s Article 37 sub clause 2, “Each State Party shall considerproviding for the possibility, in appropriate cases, of mitigating punishmentof an accused person who provides substantial cooperation in the investigationor prosecution of an offence established in accordance with thisConvention.
” 5. The issue of impunity is of high concern as well as the boundaries towhich impunities can be applied. The treaty does not support impunity andbelieves that all are equal in the eyes of the law and are meant to be heldequally accountable.6. For the purpose of constantly keeping a check on our institutions the treatyproposes and encourages development of a team like, The Australian Commissionfor Law enforcement which can take jurisdiction over the Australian police and Australiancrime commission.7. Implementation of the Division 70 criminal code, “Any person whoattempts 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 theirdomestic policies to eradicate bribery and its types.8.
ARTICLE 6 sub clause 1 emphasizes on the building of an anti-corruptionbody with substantial independence, this treaty requires the formation of an anti-corruptionbody under the article 6 sub clause 1 of UNCAC.9. The Treaty requires implementation of the method of controlled deliveryacross every border to catch those who are corrupting our anti-corruptionsystems. By this we could think of possibly eradicating the plague ofcorruption.ARTICLE 6: DEVELOPING ANTI MONEY LAUNDERING FRAMEWORK The Treaty urges the state parties to form an anti-money launderingframework based upon the following points:1. The strict use of ANTI MONEY LAUNDERING SYSTEMS (AMLS) by all thefinancial institutions which is a system of having detailed research on theclient before opening a bank account, making use of research programs likeLEXIS NEXIS and other AMLS.
2. The Use of UNODC TRACK by all the financial institutions which isa legal library and contains information on corruption from 175 statesworldwide.3. Implementation of marking “red flags”, which means that acertain fixed amount of transactions in a certain period of time exceeding a particularlimit is revealable.
4. Customer Due Diligence or CDD to be conducted on all customers beforeopening of an account.5.
Keep strong checks on private banks by constant monitoring to stop themfrom harboring money laundering.ARTICLE 7: FRAMEWORK FOR INTERNATIONAL COOPERATION The international Cooperationframework ensures that corrupt individuals will not be able to exploitinternational boundaries to avoid prosecution, the mutual assistance act incriminal matters act 1987, mutual assistance in business regulation act 1992,extradition act 1988 and proceeds of crime act 2002 enable Australia tocooperate with other countries to prevent, investigate and prosecute offenders.The government of Australia urges the state parties to come up with such actsand laws that promote mutual assistance.
1. THE TREATY endeavors tostrengthen international cooperation as a cornerstone of our efforts to enhancecrime prevention and ensure that our criminal justice systems are effective,fair, humane and accountable, and ultimately to prevent and counter all crimesby organizing international conference on reframing anti-corruption measuresand policies to effectively counter corruption.2. Establishment of a committee that bridges the gap between the governmentand the people. The purpose of this committee would be for the prevention,detection, sanctioning of administrative responsibilities and acts and wouldpromote regional and international cooperation• It would require citizenparticipation.
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 aspectsof the committees.•Citizen participation committee- this is the most important committee ascitizen participation is the foundation.The frame work in accordance with the article 45,46 would enable agreementwith other states for transfer of already sentenced person which states; “Article45”. Transfer of sentenced personsStates Parties may consider entering into bilateral or multilateralagreements or arrangements on the transfer to their territory of personssentenced to imprisonment or other forms of deprivation of liberty for offencesestablished in accordance with this Convention in order that they may completethe sentence. The treaty introduces a method of joint investigations for the promotion ofinternational cooperation which is in accordance with the article 49 of theUNCAC which states, “Article 49.
Joint investigations”States Parties shall consider concluding bilateral or multilateralagreements; or arrangements whereby, in relation to matters that are thesubject of investigations, prosecutions or judicial proceedings in one or moreStates, the competent authorities concerned may establish joint investigativebodies. In the absence of such agreements or arrangements, joint investigationsmay be undertaken by agreement on a case-by-case basis. The States Partiesinvolved shall ensure that the sovereignty of the State Party in whoseterritory such investigation is to take place is fully respected. Furthermore the treaty wants the countries to fund international aidprograms which will help fight the poor countries against corruption. Forexample; the Australian government has established AUSAID which gives $897million 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 ASSETRECOVERYAccording to the Chapter V of The UNCAC; the state parties to returnassets obtained through corruption or proceeds of crime to the countryoriginally holding them. Recomends, the Technical and legal assistance, Aid examination, andPunishment reevaluation (TAP) framework to be implemented:Technical and Legal Assistance 1) A team of lawyer will be established by the P5+1, where each countrywill contribute a minimum of 2 and a maximum of 6 experts who have experiencein Anti-Corruption law. This team will be known as the Legal Anti-CorruptionCommission (LCC)2) The P5+1 can chose to add or remove lawyers that they have appointed aslong as they stay with the minimum and maximum requirements 3) Countries that are signatories to the United Nations Convention AgainstCorruption (UNCAC) can request the LCC to come into their country to assistthem in technical and legal regards with implementing the UNCAC 4) All finances required by the LLC will be given by the P5+15) The LCC will unitize the “Legislative guide for the implementation ofthe United Nations Convention Against Corruption” and the “Technical guide forthe implementation of the United Nations Convention Against Corruption”6) The LCC will assist the country in implementation until the countrystates that they no longer need their help7) The LCC will compile a report every 3 years regarding all the progressthey made in those years, the report will be submitted to the “ImplementationReview Group” for the UNCAC, where it will be discussed8) The Implementation Review Group will give their opinion to the”Conference of the State Parties”, the CoSP can decide to disband the LCC ifthey ruled that is unproductive.
Aid Examination1) States that provide large amount of financial aid to developingcountries should be aware concerning what their aid is being spent on2) States can ask for biannual or annual reports from countries they sendaid to, in which the accomplishments of the aid be elaborated on,3) States should critically examine these reports and decide if aid fundsare being embezzled, 4) In case of embezzlement, thestate should make adjustments to the aid sent, keeping mind that each case ofaid embezzlement is very different from the other, and several factors shouldbe taken into account, such as the economic status of the country aid is beingsent 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 theyfound, so countries do not keep sending aid that will be embezzled. PunishmentReevaluation1) States should have harsh and strict punishment for corruption, as todeter it from occurring in the first place,2) Minimum punishment should be serve, for example a minimum fine of $1000USD or equivalent, and a minimum prison sentence of 3 months,3) Maximum punishments should be extremely severe, such as a fine of 100times the amount taken or given in bribery, and a maximum of prison sentence of25 years. ARTICLE 10: ENTRY INTO FORCE The treaty shall enter into force immediately after passing. ARTICLE XI: LANGUAGES AND DEPOSITARY1. The secretary general of the United Nations is the direct depositary ofthe 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 secretarygeneral of the United Nations.