Download - Anti-Corruption, the Swedish way
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Anti-Corruption, the Swedish way
Gunnar Stetler
Head of the Swedish Anti-Corruption Unit
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First of all
TI: s index
•In Sweden the public has access to the authorities
•Sweden has also a long tradition of openness and control of civil servants
•I must stress that TI-index index is a perception index
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If we want to look into the future we must also look into the past
• I have been working as a prosecutor within the field of economic and commercial crime since the eighties
• I have seen the development and the change of attitudes since then
• In Sweden we think that we hardly have no corruption at all
• That's not true but then we look into that part of the public official/sector that is transparent it seem like we have less corruption
• We should be aware of the fact that 15 years ago bribes were deductibles in Sweden
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Enforcement is a combination of
•Resources
•Competence
•Integrity
•Organization
And of course
•Relevant/useful/ laws
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5
The National Unit Against Corruption
• The National Anti Corruption unit is a unit of the Swedish Prosecutor Authority
• The unit was established in 2003 • The unit
– is headed by a Director of Public Prosecution– consists of eight Public Prosecutors in total,
with national competence and jurisdiction– In the unit three specialised forensic
accountants are supporting the prosecutors
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The National Anti-Corruption Unit a part of the Prosecution Authority
The Public Prosecutors (senior) in the unit have a long experience of
criminal investigations into
– financial crime
– organised crime – international co-operation
• One big problem It was not a joint venture with the police authority The prosecutors were “asking” the local police for
assistance
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The investigator must knowtaxlaw,
criminal law on taxes,embezzelment, dishonesty against
principal and fraud,bribery law
rules about how to forfeit
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The National police was until 2011 opponents to create a special national specialised police anti-corruption unit
But:
In 2010 the Chancellor of Justice
opened an investigation about the way that Sweden had investigated the SAAB/JAS affair.
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OECD evolution August 2014
• Since Sweden’s Phase 3 review in June 2012, Sweden has made significant progress on enforcing its offence of bribing a foreign public official. Of five ongoing cases, a conviction was recently obtained in one case and is now under appeal by the prosecution authorities regarding the level of the sentence. In addition, two investigations, one which is a major case in a high risk sector, and two preliminary investigations, are ongoing. The Working Group on Bribery (WGB) recognizes the efforts being made by Sweden to enforce its foreign bribery offence.
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The Swedish legislation on corruption is traditional
• Improper influence upon decision-making and other processes in society, for example, free competition
• Aim of corruption: Either to ‘grease’ the machinery or disrupt its functions
• Not every influence is improper – marketing, customary gifts etc.
But since July 2012!!!
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Trading with influence• Subsidiary • Only official practice and public procurement • Requires objective prerequisite to exercise influence • All positions during examination
• Not political influence by proxy
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NEGLIGENT FINANCING OF BRIBERY
• The active or passive bribery crime must objectively been completed
• For example paying money through consultants or daughter companies in Sweden or abroad
But a board or managing director can get punished if they/he have been negligent
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Information to the prosecutor
• Swedish National Audit office
• Swedish private accountants has to report suspicions of bribery
• Free press
• The public
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AREAS, where to seek?
• Infrastructure
• Procurment
• Traditionally arms Industry
• Inside and outside Sweden
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Attitude
• There is nothing that can be done about bribery – Bribery is a normal part of/way of doing business.
• Wrong: If not tolerated, it will be replaced by a culture of integrity.
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Challenges in Sweden
•Lack of awarenessChallenges our own self-image; there is no corruption in Sweden and Swedes are not corrupt. What TI measure is perception and in reality it measure public administration.
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• Corporate Social Responsibility, CSR
• Code of Conduct
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My experience is
• We cant eliminate corruption only with enforcement
• The most important is prevention
• But we do need a combination of enforcement and prevention
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To prevent corruption
• Openness is corruption’s worst enemy. – The legislation about open access to the authorities’
activities – The Principle of Public Access to Official Records
– Free and independent media is one fundamental thing in the fight against corruption
• A correlation between free press and access to information, and a country’s position on the “corruption list” set up by the Transparency International
• A National Network against corruption has been established
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My conclusions
Prevention is a combination of
•Regulation and law
•Culture, i.e. Code of conduct