Anti-corruption Treaties and Conventions
Inter-American Convention against Corruption, Organization of American States, 1996
The Organization of American States (OAS) anti-corruption convention has two main purposes: (1) to promote the development of anti-corruption regulatory and enforcement mechanisms in each state party and (2) to require cooperation between these states for addressing corruption. Although the Convention permits state parties to individually develop and implement domestic anti-corruption policies, it also contains certain uniform standards and definitions.
Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, Organization for Economic Co-operation and Development, 1997
The Organization for Economic Co-operation and Development (OECD) Convention compels state parties to criminalize and penalize the bribery of foreign public officials, as well as lesser included offenses. The Convention also imposes national accounting and auditing requirements, the obligation of mutual legal assistance, and mechanisms to facilitate extradition. The 1997 Revised Recommendation on Combating Bribery in International Business Transactions added to the Convention by focusing on additional areas, including public procurement, the non tax deductibility of bribes, and measures to deter and combat bribery.
Convention on the Fight against Corruption involving officials of the European Communities or officials of Member States, European Union, 1997
The European Union (EU) Convention requires each member state to take measures necessary to ensure that conduct constituting an act of passive or active corruption by officials is a punishable criminal offense. Moreover, this Convention provides that member states must ensure that conduct constituting an act of passive or active corruption, as well as participation in and instigation of these acts, is punishable by criminal penalties.
Criminal Law Convention on Corruption, Council of Europe, 1999
The Criminal Law Convention requires member states to take a series of measures at the national level, including prohibiting bribery in the public and private sectors. This Convention also creates rights and requirements for international cooperation, including obligations of direct communication between members, mutual assistance, and extradition.
Civil Law Convention on Corruption, Council of Europe, 1999
The Civil Law Convention seeks to define international civil law as it relates to corruption. In particular, this Convention obliges states to provide legal remedies – including compensation for damages – for those persons who have suffered damage resulting from acts of corruption.
Oversight Committee on Fraud and Corruption, Inter-American Development Bank
The Inter-American Development Bank established this Committee to detect, sanction, and deter corruption related to the Bank’s activities. The Committee’s Operating Guidelines describe the Committee’s investigative powers, employees’ reporting requirements, and the procedures for commencing sanctions proceedings and referring matters to national and international authorities.
Anti-Corruption Action Plan for Asia and the Pacific, 2001
The Plan does not contain legally binding requirements, but instead outlines three general “Pillars of Action:” (1) the development of effective and transparent systems for public service, (2) the strengthening of anti-bribery actions and promotion of integrity in business operations, and (3) the support of active public involvement. What’s more, the “Implementation Plan” component emphasizes assessment, review, and assistance conducted by a governing body run by participating states.
Protocol against Corruption, Southern African Development Community (SADC), 2001
The SADC Protocol requires state parties to enact preventative measures against corruption, follow a framework for extradition, and generally cooperate with each other on anti-corruption work. The Protocol also seeks to harmonize national anti-corruption legislation in the region.
Protocol on the Fight against Corruption, Economic Community of West African States (ECOWAS), 2001
The ECOWAS Protocol requires state parties to criminalize a number of corrupt acts, including active and passive bribery in the public and private sectors, illicit enrichment, false accounting, aiding and abetting corrupt practices, and the laundering of the proceeds of corruption. This Protocol also contains provisions on victim protection and judicial and law enforcement cooperation. It has not yet entered into force.
United Nations Convention against Transnational Organized Crime and the Protocols Thereto, 2000-01
This Convention requires each state party to develop laws criminalizing money laundering, organized crime, and the corruption of public officials, and to take measures to enforce those laws. This Convention also compels state parties to cooperate with each other and encourages joint investigations. The U.N. has also adopted supplementary protocols addressing human trafficking, migrant smuggling, and the trafficking of illegal firearms.
United Nations Convention against Corruption, 2003
The U.N. Convention against Corruption (UNCAC) contains an extensive set of requirements to be implemented nationally, including that state parties criminalize a wide range of corrupt acts and enforce corruption laws. The UNCAC also creates preventative measures for accounting and procurement, and mandates private sector cooperation with law enforcement. Even more, the UNCAC includes duties to cooperate internationally, to consider providing technical assistance to other parties, and to help recover fraudulently-transferred assets.
African Union Convention on Preventing and Combating Corruption, 2003
The African Union (AU) Convention requires member states to use legislative and other measures to criminalize and combat an extensive list of specific acts of corruption. Moreover, this Convention contains detailed requirements for facilitating transparency in member states’ governments, cooperation and mutual assistance obligations, and a legal framework for prosecuting corrupt acts. An Advisory Board on Corruption monitors and facilitates member states’ compliance with this Convention.