The Inter-American Convention against The Inter-American Convention against Corruption, its Follow-Up Mechanism Corruption, its Follow-Up Mechanism

(MESICIC), and the Inter-American (MESICIC), and the Inter-American Program of Cooperation to Fight Program of Cooperation to Fight

CorruptionCorruptionCommittee on Juridical and Political Affairs of the Permanent Council of the OAS Committee on Juridical and Political Affairs of the Permanent Council of the OAS

Washington, D.C., February 24, 2012Washington, D.C., February 24, 2012

The Inter-American Convention against Corruption and its Follow-Up

Mechanism (MESICIC)

Scope of the PresentationScope of the Presentation

1. The Inter-American Convention against Corruption.2. The Mechanism for Follow-Up on the Implementation of the

Inter-American Convention against Corruption (MESICIC).3. Legal cooperation tools to support implementation of the

Convention.4. Other developments in cooperation pursuant to the Inter-

American Program. 5. Report on the current status of Follow-up to the Convention

and to the Inter-American Program, pursuant to resolution AG/RES. 2655 (XLI-O/11).

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

CORRUPTIONCORRUPTION

The Inter-American ConventionThe Inter-American Convention• Origin:

– Adoption: Caracas, March 1996– First international treaty on the subject to recognize the

supranational dimension of corruption and the need for international cooperation to combat it.

• Purposes:– To promote and strengthen the development of the mechanisms

needed to prevent, detect, punish, and eradicate corruption.– To promote, facilitate, and regulate cooperation among the

States to ensure the effectiveness of actions to prevent, detect, punish, and eradicate corruption.

The Inter-American ConventionThe Inter-American Convention

• Contents and scope: – Preventive measures.– Criminalization of acts of corruption. – Provisions to strengthen cooperation among states with

respect to:• Mutual assistance and technical cooperation, extradition

and identification, tracing, freezing, confiscation, and forfeiture of assets, as well as other forms of assistance.

• States Parties:– 33 OAS member states.

The Mechanism for Follow-Up on the The Mechanism for Follow-Up on the Implementation of the Inter-American Implementation of the Inter-American

Convention against CorruptionConvention against Corruption

The MESICICThe MESICIC• Description:

– Intergovernmental mechanism to assist the States Parties with implementing the ICAC, through reciprocal peer evaluations on an equal basis, which include specific recommendations.

• Purposes:– To promote implementation of the ICAC.– To facilitate technical cooperation activities, exchange of

information, experiences and best practices, and the harmonization of legislation.

• States Parties:– 31 of the 33 States Parties to the ICAC.

The MESICICThe MESICIC

• Principles: – Sovereignty; nonintervention; the juridical equality of states,

within the framework of the purposes of the OAS Charter.• Characteristics:

– Impartial; objective in its operations and in its conclusions; does not label or rank; equal treatment for all; intergovernmental; open to civil society participation.

• Organs: – Conference of States Parties (political body); Committee of

Experts (technical body); and Technical Secretariat (Department of Legal Cooperation).

The MESICICThe MESICIC

• Procedure for review:– Due process:

• Document of Buenos Aires.• Rules of Procedure and Other Provisions.• Methodology for conducting on-site visits.

– Rounds of review (selection of provisions of the ICAC and follow-up on recommendations from previous rounds).

– On-site visits (with the prior consent of the country under review).

– Preparation, consideration and adoption of country reports with specific recommendations.

The MESICICThe MESICIC• Topics by Rounds of review:

First Round Second Round Third Round Fourth Round (under way)

• Conflicts of interest• Conservation of

public resources• Obligation to report• Declarations of assets• Oversight bodies• Civil society

participation• Technical assistance

and mutual cooperation

• Central authorities

• Hiring of public officials

• Government procurement of goods and services

• Protection for whistle-blowers

• Acts of corruption• Progress in

implementing the recommendations of the First Round

• Elimination of tax benefits

• Preventing the bribing of national and foreign government officials

• Transnational bribery• Illicit enrichment• Extradition• Progress in

implementing the recommendations of previous Rounds

• Oversight bodies.• Review of progress

made with implementing the recommendations of the First Round (new information and developments for gauging their ongoing relevance).

Legal cooperation tools to support Legal cooperation tools to support implementation of the Conventionimplementation of the Convention

Legal Cooperation ToolsLegal Cooperation Tools

- National Action Plans:– Technical cooperation project:

• The crafting of national action plans to include:– Activities needed to implement the recommendations

of the MESICIC– Those responsible for implementing them– Deadlines– Sources of funding– Progress indicators

• 17 participating countries

Legal Cooperation ToolsLegal Cooperation Tools

- Model laws:– Benchmark legal frameworks for formulating, reviewing, and

amending laws:• Model law to facilitate and encourage the reporting of acts

of corruption and to protect whistle-blowers and witnesses.• Model law on statements of assets and interests.• Other:

– Conflicts of interest; access to administrative information; and civil society participation.

Legal Cooperation ToolsLegal Cooperation Tools

- Anticorruption Portal of the Americas:– Access to national and OAS developments in this field; documents

and activities of the MESICIC; other legal cooperation tools.

www.oas.org/juridico/english/FightCur.html

Legal Cooperation ToolsLegal Cooperation Tools

- Systematization of national legislation:– Classification by subject and country of national legal provisions

considered by the MESICIC in order to review implementation of the Convention.

- Legislative guidelines:– Basic elements in national legal frameworks, in areas such as:

• Conflicts of interest; conservation of public resources; oversight bodies; access to information; consultation mechanisms; technical assistance and mutual cooperation; the hiring of government officials; protection of whistle-blowers reporting acts of corruption.

Legal Cooperation ToolsLegal Cooperation Tools- Anticorruption Bulletin and Social Networks:

Subscriptions at:

LegalCooperation@oas.org

twitter.com/MESICIC

Other developments pursuant to the Other developments pursuant to the Inter-American Program for Cooperation Inter-American Program for Cooperation

in the Fight against Corruption in the Fight against Corruption

Other developmentsOther developments

- Training programs: – Mandate of the Inter-American Program for Cooperation in the

Fight against Corruption:– 4 areas:

• To members of the Committee of Experts of the MESICIC• In ethical values for government officials.• On matters relating to freezing of assets, forfeitures, and the

recovery of assets.• In areas relating to cooperation against corruption.

Other developmentsOther developments

- Cooperation with other international organizations and initiatives:

Other developmentsOther developments

- Hemispheric Conferences:

Lima, Peru June 2010

Cali, Colombia June 2011

Report on the current status of follow-up to the Report on the current status of follow-up to the Convention and to the Inter-American Cooperation Convention and to the Inter-American Cooperation

Program, pursuant to resolution AG/RES. 2655 (XLI-O/11)Program, pursuant to resolution AG/RES. 2655 (XLI-O/11)

Latest reportLatest report

- Recent developments in relation to resolution AG/RES. 2655 (XLI-O/11): – Adoption of the Hemispheric Report of the Third Round of Review

of the Committee of Experts of the MESICIC.– Start of the Fourth Round of Review:

• Adoption of documents and decisions: – Questionnaire, methodology, structure of reports, and

calendar.– Sequence for the review of the States parties and

composition of the subgroups.

Latest reportLatest report

- Recent developments in relation to resolution AG/RES. 2655 (XLI-O/11): – Start of the Fourth Round of Review:

• Coordination and preparation of the first on-site visits corresponding to the first group of countries (March-April).

• Subsequent preparation of the country reports.• Next meeting of the Committee: September 2012.

– Adoption of the first reports of the Fourth Round.– Consideration of the topic of common interest: "The

responsibility of the private sector in preventing and combating corruption."

Thank you very much.Thank you very much.

General Secretariat Secretariat for Legal Affairs

Department of Legal Cooperation LegalCooperation@oas.org