THE INTER-AMERICAN CONVENTION THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION AND ITS AGAINST CORRUPTION AND ITS

FOLLOW-UP MECHANISMFOLLOW-UP MECHANISM

GENERAL SECRETARIAT OF GENERAL SECRETARIAT OF THE OASTHE OAS

THE INTER-AMERICAN THE INTER-AMERICAN CONVENTION AGAINST CONVENTION AGAINST

CORRUPTIONCORRUPTION Origin: First treaty: 1996.Origin: First treaty: 1996.

Content and scope:Content and scope:

– Preventive Measures.Preventive Measures.– Criminalization of Offenses.Criminalization of Offenses.– International Assistance and Cooperation: International Assistance and Cooperation:

extradition, reciprocal assistance, property, extradition, reciprocal assistance, property, banking secrecy, asylum.banking secrecy, asylum.

INTER-AMERICAN CONVENTION AGAINST INTER-AMERICAN CONVENTION AGAINST CORRUPTIONCORRUPTION

STATUS OF RATIFICATIONSSTATUS OF RATIFICATIONS

3397%

1 3%

YES NO

FOLLOW-UP MECHANISM FOR THE FOLLOW-UP MECHANISM FOR THE IMPLEMENTATION OF THE CONVENTION IMPLEMENTATION OF THE CONVENTION

(MESICIC)(MESICIC)

Mutual evaluation mechanism (similar to FATF-Mutual evaluation mechanism (similar to FATF-GAFI; OECD; GRECO).GAFI; OECD; GRECO).

Objectives:Objectives:– Follow-up on the commitments made by the States Follow-up on the commitments made by the States

Parties to the Convention and analysis of the Parties to the Convention and analysis of the manner in which they are being implemented.manner in which they are being implemented.

– Promote the implementation of the Convention and Promote the implementation of the Convention and contribute to the achievement of its purposes.contribute to the achievement of its purposes.

– Facilitate and strengthen the cooperation between Facilitate and strengthen the cooperation between the States Parties.the States Parties.

Principal characteristics:Principal characteristics:– Impartiality.Impartiality.– Equal treatment.Equal treatment.– Intergovernmental in nature and open to civil society.Intergovernmental in nature and open to civil society.

Members: States Party: today 28.Members: States Party: today 28.

Bodies:Bodies:

Conference of States Parties.Conference of States Parties. Committee of Experts.Committee of Experts. Technical Secretariat: General Secretariat of the Technical Secretariat: General Secretariat of the

OAS.OAS.

IIIIII. Procedure for the Review of . Procedure for the Review of the Implementation of the the Implementation of the

ConventionConvention

““Due Process”: regulated in the Due Process”: regulated in the Document of Document of Buenos Aires and the Rules of Procedure and Buenos Aires and the Rules of Procedure and Other Provisions of the Committee of ExpertsOther Provisions of the Committee of Experts..

Rounds and selection of provisions.Rounds and selection of provisions.

Methodology and questionnaire.Methodology and questionnaire.

Responses of the States.Responses of the States.

Preparation of the draft preliminary country reports, Preparation of the draft preliminary country reports, with recommendations, by Experts from two different with recommendations, by Experts from two different States (support of the Technical Secretariat in the States (support of the Technical Secretariat in the preparation of the first preliminary versions).preparation of the first preliminary versions).

Adoption of the country reports.Adoption of the country reports.

Adoption of the Hemispheric Report by the plenary of Adoption of the Hemispheric Report by the plenary of the Committee of Experts at the end of each round.the Committee of Experts at the end of each round.

Follow-up on recommendations made in previous Follow-up on recommendations made in previous rounds.rounds.

What is reviewed with respect to What is reviewed with respect to each topic? (Methodology):each topic? (Methodology):– Existence of a legal framework Existence of a legal framework

and/or other measures.and/or other measures.– Adequacy with respect to the Adequacy with respect to the

Convention.Convention.– Results.Results.

Order for review of the countries: Order for review of the countries: volunteers followed by the order volunteers followed by the order of their ratification of the of their ratification of the Convention. Convention.

Composition of the review Composition of the review subgroups: random.subgroups: random.

States Reviewed States Reviewed

Argentina

Bolivia Nicaragua

Ecuador Paraguay

Chile

Uruguay

Panama

Colombia

Peru

Costa Rica

Venezuela

Mexico

Trinidad and Tobago

Honduras

El Salvador

Dominican Rep.

Bahamas

Canada

St. Vincent

USA

Guatemala

Jamaica

Guyana

Brazil

Grenada

Belize

Suriname

SOME CONCLUSIONS SOME CONCLUSIONS FROM THE FIRST ROUND FROM THE FIRST ROUND

OF REVIEWOF REVIEW

Scope of the most common Scope of the most common recommendationsrecommendations

STANDARDS OF CONDUCT AND ENFORCEMENT MECHANISMS STANDARDS OF CONDUCT AND ENFORCEMENT MECHANISMS (ARTICLE III, PARAGRAPHS 1 AND 2 OF THE CONVENTION)(ARTICLE III, PARAGRAPHS 1 AND 2 OF THE CONVENTION)

For the prevention of conflicts of interestFor the prevention of conflicts of interest

A:A: Take appropriate steps to Take appropriate steps to prevent conflicts of interest followingprevent conflicts of interest following a period of public service. a period of public service.B:B: Take steps to promote the Take steps to promote the effectiveness of the ruleseffectiveness of the rules for preventing conflicts of interest. for preventing conflicts of interest. CC: Adequately develop measures intended to prevent conflicts of interest : Adequately develop measures intended to prevent conflicts of interest during the performanceduring the performance of of public functions.public functions.DD: Take steps to ensure that the rules for preventing conflicts of interest apply to : Take steps to ensure that the rules for preventing conflicts of interest apply to all public all public employees.employees.EE: Adopt : Adopt specific measures for those officials who, by reason of their position or the nature of their specific measures for those officials who, by reason of their position or the nature of their functionsfunctions, must observe particularly strict standards of conduct in order to uphold the general public , must observe particularly strict standards of conduct in order to uphold the general public interest.interest.FF: Implement or strengthen : Implement or strengthen mechanisms for the timely detection of conflicts of interest priormechanisms for the timely detection of conflicts of interest prior to the to the commencement of public employment.commencement of public employment.

15 12 11 8

2416

0481216202428

A B C D E F

Number of States

STANDARDS OF CONDUCT AND ENFORCEMENT MECHANISMS STANDARDS OF CONDUCT AND ENFORCEMENT MECHANISMS (ARTICLE III, PARAGRAPHS 1 AND 2 OF THE CONVENTION)(ARTICLE III, PARAGRAPHS 1 AND 2 OF THE CONVENTION)

To ensure To ensure the conservation and proper use of resources the conservation and proper use of resources entrusted to public officials.entrusted to public officials.

AA: Take steps to promote the : Take steps to promote the effectivenesseffectiveness of the rules for the preservation of public of the rules for the preservation of public resources.resources.BB: Strengthen the measures for oversight of public spending.: Strengthen the measures for oversight of public spending.CC: Strengthen measures for accountability. : Strengthen measures for accountability.

19

9 7048

1216202428

A B C

Number of States

STANDARDS OF CONDUCT AND ENFORCEMENT MECHANISMS STANDARDS OF CONDUCT AND ENFORCEMENT MECHANISMS (ARTICLE III, PARAGRAPHS 1 AND 2 OF THE CONVENTION)(ARTICLE III, PARAGRAPHS 1 AND 2 OF THE CONVENTION)

Measures and systems requiring public officials to report acts of Measures and systems requiring public officials to report acts of corruption in the performance of public functions of which they corruption in the performance of public functions of which they

are aware to the appropriate authoritiesare aware to the appropriate authorities

AA: Adopt provisions to : Adopt provisions to provide those filing reports with guaranteesprovide those filing reports with guarantees against any threats, retaliations, or reprisals they may face.against any threats, retaliations, or reprisals they may face.BB: : Require employees to reportRequire employees to report acts of corruption in public service. acts of corruption in public service. CC: Adopt measures to increase the : Adopt measures to increase the effectivenesseffectiveness of the rules requiring of the rules requiring acts of corruption to be reported.acts of corruption to be reported.DD: Adopt measures to : Adopt measures to ensure that the requirements set for the lodging ensure that the requirements set for the lodging of complaints do not preventof complaints do not prevent public employees from complying with this public employees from complying with this duty.duty.

22

11 9 8048

1216202428

A B C D

Number Number of Statesof States

SYSTEMS FOR REGISTERING ASSETS, INCOME AND LIABILITIES SYSTEMS FOR REGISTERING ASSETS, INCOME AND LIABILITIES (ARTICLE III, PARAGRAPH 4 OF THE CONVENTION)(ARTICLE III, PARAGRAPH 4 OF THE CONVENTION)

AA: : Optimize the analysis of the statements’ contentOptimize the analysis of the statements’ content so they can be used to detect and so they can be used to detect and prevent prevent conflicts of interestconflicts of interest BB: Regulate the requirements and procedures for : Regulate the requirements and procedures for making statements publicmaking statements public. . CC: : Optimize the analysis of the statements’ contentOptimize the analysis of the statements’ content so they can be used to detect and so they can be used to detect and prevent possible prevent possible illegal enrichmentillegal enrichment..DD: : Implement systems to check the content of their declarationsImplement systems to check the content of their declarations..EE: Adopt measures to increase the : Adopt measures to increase the effectivenesseffectiveness of the obligations related to these of the obligations related to these statements.statements.FF: : Expand the group requiredExpand the group required to file declarations. to file declarations.

2016 15 15

11

23

048

1216202428

A B C D E F

Number Number of Statesof States

OVERSIGHT BODIES WITH RESPECT TO THE SELECTED OVERSIGHT BODIES WITH RESPECT TO THE SELECTED PROIVISIONS (ARTICLE III, PARAGRAPHS 1, 2, 4 AND 11 OF THE PROIVISIONS (ARTICLE III, PARAGRAPHS 1, 2, 4 AND 11 OF THE

CONVENTION)CONVENTION)

AA: Strengthen the oversight bodies in connection with the functions they : Strengthen the oversight bodies in connection with the functions they perform in overseeing perform in overseeing effective compliance with the indicated Convention effective compliance with the indicated Convention provisionsprovisions..BB: Establish oversight bodies to perform functions related to effective : Establish oversight bodies to perform functions related to effective compliance with the terms of paragraphs 1, 2, 4, and 11 of the Convention, if compliance with the terms of paragraphs 1, 2, 4, and 11 of the Convention, if they do not already exist, or assign existing bodies the authority to perform they do not already exist, or assign existing bodies the authority to perform those functions.those functions.

25

12

048

1216202428

A B

Number Number of Statesof States

MECHANISMS TO ENCOURAGE PARTICIPATION BY CIVIL SOCIETY MECHANISMS TO ENCOURAGE PARTICIPATION BY CIVIL SOCIETY AND NONGOVERNMENTAL ORGANIZATIONS IN EFFORTS TO AND NONGOVERNMENTAL ORGANIZATIONS IN EFFORTS TO PREVENT CORRUPTIONPREVENT CORRUPTION (ARTICLE III, PARAGRAPH 11 OF THE (ARTICLE III, PARAGRAPH 11 OF THE

CONVENTION)CONVENTION)

Mechanisms for access to informationMechanisms for access to information

AA: Take steps to : Take steps to expandexpand the information considered public. the information considered public.BB: Implement : Implement training and dissemination programstraining and dissemination programs on the mechanisms for access on the mechanisms for access to public information and to optimize the use of available technology to that end. to public information and to optimize the use of available technology to that end. CC: Develop procedures for the : Develop procedures for the timely processing of requeststimely processing of requests for information. for information.DD: Strengthen the : Strengthen the mechanisms for challenging or appealingmechanisms for challenging or appealing against decisions against decisions denying requests for information. denying requests for information. EE: Take steps to increase the : Take steps to increase the effectivenesseffectiveness of provisions and measures related to of provisions and measures related to the furnishing of public information.the furnishing of public information.

15 13 12 11 11

048

1216202428

A B C D E

Number Number of Statesof States

MECHANISMS TO ENCOURAGE PARTICIPATION BY CIVIL MECHANISMS TO ENCOURAGE PARTICIPATION BY CIVIL SOCIETY AND NONGOVERNMENTAL ORGANIZATIONS IN SOCIETY AND NONGOVERNMENTAL ORGANIZATIONS IN

EFFORTS TO PREVENT CORRUPTIONEFFORTS TO PREVENT CORRUPTION (ARTICLE III, PARAGRAPH 11 OF THE CONVENTION)(ARTICLE III, PARAGRAPH 11 OF THE CONVENTION)

Participation mechanisms for follow-up of public Participation mechanisms for follow-up of public administrationadministration

A: A: Develop additional methods, when appropriate, for enabling civil society to Develop additional methods, when appropriate, for enabling civil society to monitor the public administration.monitor the public administration.B: Implement training and dissemination programs on mechanisms for monitoring B: Implement training and dissemination programs on mechanisms for monitoring the public administration.the public administration.

25 24

048

1216202428

A B

Number Number of Statesof States

ASSISTANCE AND COOPERATIONASSISTANCE AND COOPERATION(ARTICLE XIV OF THE CONVENTION)(ARTICLE XIV OF THE CONVENTION)

A: Exchange technical cooperation with other states parties regarding the best ways A: Exchange technical cooperation with other states parties regarding the best ways and methods for preventing, detecting, investigating, and punishing acts of corruption.and methods for preventing, detecting, investigating, and punishing acts of corruption.B: Identify specific areas in which technical cooperation from other states parties and B: Identify specific areas in which technical cooperation from other states parties and international cooperation agencies could be used to bolster the capacity for preventing, international cooperation agencies could be used to bolster the capacity for preventing, detecting, investigating, and punishing acts of corruption. detecting, investigating, and punishing acts of corruption. C: Establish a training program to assist the authorities in pursuing the mutual C: Establish a training program to assist the authorities in pursuing the mutual assistance provided for in the Convention.assistance provided for in the Convention.D: Identify and prioritize requests for mutual assistance for investigating or prosecuting D: Identify and prioritize requests for mutual assistance for investigating or prosecuting corruption cases.corruption cases.

2318

7

25

048

1216202428

A B C D

Number Number of Statesof States

GENERAL RECOMMENDATIONSGENERAL RECOMMENDATIONS

A: Design and implement, where appropriate, A: Design and implement, where appropriate, training programstraining programs for public servants responsible for application for public servants responsible for application of the systems, standards, measures, and mechanisms included in this report, in order to ensure their proper of the systems, standards, measures, and mechanisms included in this report, in order to ensure their proper acquaintance, management, and application.acquaintance, management, and application.B: Select and develop B: Select and develop procedures and indicatorsprocedures and indicators, as appropriate, for verifying follow-up of the , as appropriate, for verifying follow-up of the recommendations contained in this report, and notify the Committee accordingly through the Technical recommendations contained in this report, and notify the Committee accordingly through the Technical Secretariat. For said purposes, the Republic of Suriname could take into account the list of broader indicators Secretariat. For said purposes, the Republic of Suriname could take into account the list of broader indicators applicable to the Inter-American system that were available for selection, as necessary, by the State under applicable to the Inter-American system that were available for selection, as necessary, by the State under review, and which have been published by the Technical Secretariat of the Committee on the OAS Internet web review, and which have been published by the Technical Secretariat of the Committee on the OAS Internet web site. The State under review could also take into account any information arising from the review of site. The State under review could also take into account any information arising from the review of mechanisms developed pursuant to the recommendation below.mechanisms developed pursuant to the recommendation below.C: Implement the recommendations contained in this report and develop, as appropriate and where none exist, C: Implement the recommendations contained in this report and develop, as appropriate and where none exist, procedures to review the mechanisms mentioned herein.procedures to review the mechanisms mentioned herein.

28 2828

048

1216202428

A B C

Number Number of Statesof States

SECOND ROUND OF REVIEWSECOND ROUND OF REVIEW::

- Purpose of the review:Purpose of the review:

1)1) Provisions Selected: Provisions Selected: - Article III, paragraph 5 (public contracting).- Article III, paragraph 5 (public contracting). - Article III, paragraph 8 (protection for those who report acts of corruption).- Article III, paragraph 8 (protection for those who report acts of corruption).

- Article VI (acts of corruption).- Article VI (acts of corruption).

2)2) Advances in the implementation of the recommendation formulated in the Advances in the implementation of the recommendation formulated in the First First RoundRound..

TECHNICAL COOPERATION TO SUPPORT THE IMPLEMENTATION OF TECHNICAL COOPERATION TO SUPPORT THE IMPLEMENTATION OF THE RECOMMENDATIONS:THE RECOMMENDATIONS:

- Plans of Action: Plans of Action: - Pilot Project.Pilot Project.- Extension to Other StatesExtension to Other States..

Additional Information: Additional Information: “Internet”:“Internet”:

www.oas.org (corruption). (corruption).

THE INTER-AMERICAN CONVENTION THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION AND ITS AGAINST CORRUPTION AND ITS

FOLLOW-UP MECHANISMFOLLOW-UP MECHANISM

GENERAL SECRETARIAT OF GENERAL SECRETARIAT OF THE OASTHE OAS