On October 30, 2006, the United States ratified the United Nations Convention Against Corruption (UNCAC), the most significant multilateral anti-corruption measure in the last decade. In some ways, the UNCAC is more ambitious in scope than either the U.S. Foreign Corrupt Practices Act (FCPA) or the Organization of Economic Cooperation and Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Convention). The UNCAC encompasses corruption-related activities involving both national and foreign public officials, as well as private sector corruption. To date, 139 nations have signed the UNCAC, committing to bring their own local laws in line with its provisions.
The UNCAC, through both mandatory and “encouraged” measures, addresses bribery of public officials, embezzlement, misappropriation, trading in influence, abuse of function, illicit enrichment by public officials, and money laundering.
A significant achievement of the UNCAC is the implementation of increased measures for international enforcement cooperation; the UNCAC provides for states to provide mutual legal assistance to train enforcement personnel and to investigate and prosecute offenses. It also makes UNCAC crimes extraditable offenses. Another unique feature of the UNCAC addresses the recovery of assets illegally paid to or received by public officials. States also are required to implement provisions to enable the return of confiscated property to the requesting state or to a prior legitimate owner.
See full Press Release, in pdf format.
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