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

 

Important national legal instruments with extra-territorial reach

- 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

 

 

  • UK Bribery Act - Adopted on 8 April 2010, entered into force on 1 July 2011

- UK Bribery Act Guidance

- DPA Codes of Practice, Serious Fraud Office (SFO), 2013

                -  2017 Anti-Corruption Strategy

Selected national legal instruments

  • Brazil

Decree No. 8.420 of March 18, 2015 Regulating Law No. 12.846 of August 1, 2013 (in Portuguese)

  • Canada

- An Act to amend the Corruption of Foreign Public Officials Act June 19, 2013

  • China

- Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning Application of Law for Handling Criminal Cases of Bribe Offering

  • France

- Lignes directrices françaises visant à renforcer la lutte contre la corruption dans les transactions commerciales

- 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

- LOI n° 2017-399 du 27 mars 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre

  • Ireland

- Ireland Protected Disclosures Bill 2013 (Whistleblower protection)

  • Italy

- Italian Legislative Decree n. 231/2001

- Italian Law 231 summary (English)

  • Kingdom of Saudi Arabia

- The National Strategy for Maintaining Integrity and Combating Corruption

- The Royal Order to establish the National Anti-Corruption Commission

- The Statute of the National Anti-Corruption Commission

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

- 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

 

  • Asia Pacific Area

- ADB (Asian Development Bank) & OECD Anti-corruption Action Plan for Asia Pacific

 

  • 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

  • United Nations

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)

The 40 Recommendations on Money Laundering

The 9 Special Recommendations on Money Laundering

Interpretative Notes to the 9 Special Recommendations

 

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)