This section provides the international, regional and selected national anti-corruption and anti-money laundering instruments which constitute the main anti-corruption and anti-money laundering regulatory frameworks worldwide. The national anti-corruption legal texts included in this section are important to consider due to their extraterritorial reach. Conventions are not legal texts but their articles are transposed into the national laws of each state party. Anti-Corruption texts and international legal instruments Anti-money laundering texts and international legal instruments
Anti-Corruption texts and international legal instruments
Important national legal instruments with extra-territorial reach
- United States Foreign Corrupt Practices Act (FCPA) of 1977
- Access unofficial translations in several foreign languages
- The FCPA of 1977: With Lay Person’s Guide to FCPA and Federal Sentencing Guidelines – Chapter 8, Part B, 2011
- US Department of Justice : Opinion Procedure Releases
- US Sentencing Commission: 2010 Federal Sentencing Guidelines Manual and Supplement
- US DOJ and SEC: 2012 Resource Guide to the U.S. FCPA
- US Department of Justice: Evaluation of Corporate Compliance Programs
- UK Bribery Act, adopted on 8 April 2010, entered into force on 1 July 2011
Selected national legal instruments
Lignes directrices françaises visant à renforcer la lutte contre la corruption dans les transactions commerciales
La loi n° 2016-1691 du 9 décembre 2016 relative à la transparence, à la lutte contre la corruption et à la modernisation de la vie économique dite “SAPIN II” a été publiée JO du 10 décembre 2016
Kingdom of Saudi Arabia
International legal instruments
OECD (Organisation for Economic Cooperation and Development)
- Convention on combating Bribery of foreign public officials in international business transactions – Adopted in Paris, France on December 17th, 1997
- United Nations Convention Against Corruption (UNCAC) – Adopted in Merida, Mexico on December 13th, 2003.
- General Assembly: Resolution n° 58-4 (November 21st, 2003); Resolution n° 55-25 (January 8th, 2001);
- Resolution n° 51-191 (February 21st,1997); Resolution n° 51-59 (January 28th, 1997).
Regional legal instruments
- European Union
- Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union – Adopted in Brussels, Belgium on May 26th, 1997.
- Framework decision on combating corruption in the private sector – Adopted by the Council of the European Union in Brussels, Belgium on July 22nd, 2003.
- Council of Europe
- Civil Law Convention on corruption – Adopted in Strasbourg, France on November 4th, 1999.
- Explanatory report to the civil Law convention on corruption.
- Criminal Law Convention on corruption – Adopted in Strasbourg, France on January 27th, 1999.
- Explanatory report to the criminal Law convention on corruption
- Additional protocol to the criminal Law convention on corruption – Adopted in Strasbourg, France on May 15th, 2001.
- Explanatory report to the additional protocol to the criminal Law convention on corruption
- African area
- African Union Convention on preventing and combating corruption – Adopted in Maputo, Mozambique on July 11th, 2003
- Protocol relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security – Adopted by Economic Community of West African States (ECOWAS) on December 10th, 1999.
- Southern African Development Community (SADC) Protocol against corruption – Adopted in Blantyre, Malawi on August 14th, 2001
- American area
- Inter-American convention against corruption – Adopted in Caracas, Venezuela on March 29th, 1996 – Organization for American States, at the third plenary session.
Anti-money laundering texts and international legal instruments
Universal legal instruments
- Convention against illicit traffic in narcotic drugs and psychotropic substances Adopted in Vienna, Austria; on December 20th, 1988. (UN Office on Drugs and Crime)
- Convention against Transnational Organized crime Adopted in Palermo, Italy; on December 12th, 2003
Financial Action Task Force on money laundering (F.A.T.F)
Regional texts and conventions
The European Union
- Directive 2006/70/EC laying down implementing measures for directive 2005/60/EC. Adopted on August 1st, 2006 by the commission.
- Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money-laundering and terrorist financing. Adopted on October 26th, 2005 by the European Parliament and the Council.
- Convention on the protection of the European Communities’ financial interest Adopted in Brussels, Belgium; on July 26th, 1995 (official journal c 316, 27/11/1995 p. 0049 – 0057).
- Second protocol to the convention on the protection of the European Communities’ financial interests Adopted in Brussels, Belgium; on June 19th, 1997.(official journal c 221, 19/7/1997, p. 12)
- Protocol to the convention on the protection of the European Communities’ financial interests Adopted in Brussels, Belgium; on September 27th, 1996 (official journal c 313, 23/10/1996, p. 2).
- Protocol on the interpretation, by way of preliminary rulings, by the court of justice of the European Communities of the Convention on the protection of the European Communities’ financial interests Adopted in Brussels, Belgium; on November 29th, 1996. (official journal c 151, 20/5/1997 p. 2
The Council of Europe
- Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism Adopted in Warsaw, Poland; on May 16th, 2005
- Convention on laundering, search, seizure and confiscation of the proceeds from crime Adopted in Strasbourg, France; on November 8th, 1990
Voluntary Initiatives on Anti Money-laundering (Wolfsberg Principles)
- Global Anti Money-Laundering Guidelines for private banking
- Anti Money-Laundering for correspondent banking
- Guidelines on a risk-based approach for managing money-laundering risks
- Anti money-laundering for mutual funds and other pooled investment vehicles
- Monitoring, screening and searching
- Suppressing terrorist financing
Tags : UN Convention Against Corruption, combating bribery, extra-territorial reach, OECD Convention, anti-money laundering laws
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