OPEN-ENDED INTERGOVERNMENTAL WORKING GROUP ON THE PREVENTION OF CORRUPTION
THEMATIC COMPILATION OF RELEVANT INFORMATION SUBMITTED BY STATE PARTIES
ARTICLE 6 UNCAC
PREVENTIVE ANTI-CORRUPTION BODY OR BODIES
ARMENIA (THIRD MEETING)
Within the police system, particular attention is accorded to increasing the professional expertise of police staff. Special training sessions are periodically organized as part of thematic modules relating to the fight against corruption with the aim of developing skills in the detection of corruption-related offences. In addition, a police subdivision responsible for carrying out special operations to uncover and prosecute corruption has been established within the General Directorate for Combating Organized Crime.
In parallel with operational and investigative work undertaken in relation to the fight against corruption-related and economic crimes, serious efforts are being undertaken by the national police to combat and counter harmful forms of systemic corruption, restore public confidence and trust in the police and strengthen and develop cooperation and communication between the police and the public. Internal control and action against corruption within the system ensure heavy penalties for any violation of ethics or of moral standards, improper conduct on the part of police officers and any act compromising the honour and prestige of the police forces. Internal anti-corruption measures are being implemented in all areas of police activity, particularly those areas involving large-scale interaction with the public and in which certain forms of corruption are likely to occur.
In fighting corruption, the police force has developed active cooperation with other law enforcement agencies, particularly the Prosecutor-General’s Office of the Republic of Armenia, the National Security Service, the customs and tax authorities and a number of civil society organizations.
AUSTRIA (SECOND MEETING)
The Federal Bureau of Anti-Corruption of the Austrian Federal Ministry of the Interior (BAK) provides the following information on Austrian activities/"good practices" in the prevention of corruption:
Since the establishment of the Federal Bureau of Anti-Corruption (BAK) on 1 January 2010, which is based on a new law, prevention of corruption has been one of the Bureau's main focuses, Prevention is an essential element in the fight against corruption.
Experiences of anti-corruption authorities show that there is a strong need for more operationally-oriented training opportunities. Therefore, the European Anti-Corruption Training (EACT), based on an Austrian initiative, is carried out from 2011 to 2013 together with anticorruption authorities of Slovenia and Slovakia in order to enhance the practical skills in fighting and preventing corruption. Under the slogan "Practice Meets Practice", EACT offers an innovative, multistage approach to develop good practices by the exchange of experience between European countries.
EACT is a platform for representatives of anti-corruption institutions as well as police and judicial authorities (public prosecutor's offices and public prosecutor's offices against corruption) of European Countries that would like to provide their experience and/or gain new insights into the field of anti-corruption by exchanging information with their counterparts in other countries.
For further information, please visit http://www.bak.dv.at or contact EACT©bak.ay.at
AZERBAIJAN (SECOND MEETING)
Commission is a specialized agency for anti-corruption issues and functions with the structure composed of 15 members. Commission is composed of 15 members: 5 members are appointed by each branch of power. The CCC Charter was approved by the CCC (Charter) ACT 2005. Commission coordinates the anticorruption activities throughout the country and operates in parallel with the Cabinet of Ministers, and reports regularly to the President and the Parliament.
Commission has numerous preventive character duties which include, participation in formulation of state anti-corruption policies; coordination of different stakeholders related to the area; analysis, oversight and evaluation of state and efficiency of implemented measures; collection of asset declarations from public officials; and development of recommendations and etc. The Commission on Combating Corruption, while overseeing implementation of National Strategy, also monitors and evaluates corruption prevention measures.
Anticorruption Department with the Prosecutor General’s Office, specialized agency in the area of detection and criminal [pre-trial] investigation of corruption offences, is also involved and contributes significantly into implementation of preventive measures along with the Commission. In order to secure the specialization in the field of prevention, Preventive and Analysis Division and Organizational and Information Division were instituted within the structure of the Department in 2011.
CAMBODIA (SECOND MEETING)
The RGC established several mechanisms and institutions with a concerted effort to fight against corruptions:
1. The Anti-Corruption Institution established by ACL, comprising 2 bodies, namely: the National Anti-Corruption Council to play an important role to fight against corruptions and is responsible to set forth the Strategic Planning for 5- Year Term (2011-2015) in which it is a guideline for the country political platform and the Anti-Corruption Unit which is responsible to formulate Action Plan for 2-Year Term (2011-2012) and it is an executive body with special authority or power to independently carries out day-to-day services. 2. The National Audit Authority (NAA) 3. Ministry of National Assembly and Senate Relation and Inspection 4. Financial Inspection Committee (FIC) and the Financial Intelligence Unit (FIU) of the Ministry of Economy and Finance Inspection Committees existing in the National Assembly, Senate and in all line Ministries and Institutions. In general, the Anti-Corruption Unit needs to build up capacity building and all fundamental ground for work necessary in order to resume duties in full capacity to tackle corruptions. Up to date, the 3 Sub-Decrees have been adopted:
1- Sub-Decree for the Organizing and Functioning of the ACU 2- Sub-Decree on the establishment of Logo and stamps for National Anti- Corruption Council and for the Anti-Corruption Unit. 3- Sub-Decree on Annual Budget and its management and utilities
Within the short period following its establishment, the ACU investigation officers were actively engaged in monitoring the timber bidding at 9 provinces and will continue to follow up the remaining bidding sessions as well as any irregularities of corrupt offences through out the country. Recently, the investigation was launched at the Office of the Social Affairs, Veteran and Youth Rehabilitation at the 24 provinces and city by the officials of the Anti- CorruptionUnit.
As a result, one prosecutor in Pursat province and his 2 assistants, 02 Police Commissioners, one 3 Star Police General in charge of anti-drug committee and his associates were arrested and were all transferred to the court for its mandate. Also other 30 tax officers were put in administrative sanctions for their mal-practices. Concerning the Pilot Project to set up the Preah Monivong Boulevard in Phnom Penh City as a clean street ( Corruption Free ) , in which the survey took a few months to study feasibility and expect to have it completed soon. The 06 White Boxes for complaints are also installed along the route.
At the same time, the ACU has successfully come to the end in receipt of the Asset and Liability Declarations which opened from 01 January, 2011 till 07 April, 2011. The officials from the 38 Ministries, Institutions including the National Assembly and Senate of Cambodia, whose obligations required to declare their assets are totally 23,976 persons. The operation to handle this work has been produced satisfactory result, despite it is our first task.
CHINA (SECOND MEETING)
As a whole, The trend of China’s corruption prevention work develops from special prevention for individual corruption to prevention in key areas focusing on administrative examination and approval, financial management and cadre and personnel system reform, then to all-round prevention marked with the establishment and improvement of corruption punishment and prevention system. Currently, China’s corruption prevention work has entered the new phase of all-round deployment, promotion as a whole and coordinative development. On September 13, 2007, China established the National Bureau of Corruption Prevention to coordinate the work of corruption prevention in various aspects and pragmatically implement Article 6 “Each State Party shall, in accordance with the fundamental principles of its legal system, ensure the existence of a body or bodies, as appropriate, that prevent corruption…” of UN Convention against Corruption. (…)
In China, the competent departments of anti-corruption mainly include the CPC departments on discipline inspection, judicial departments, government supervision departments, audit departments and the special organization of corruption prevention. Meanwhile, other departments and organizations such as public security and finance also undertake related work of corruption prevention within their jurisdiction according to law. The above-mentioned organizations with different functions jointly shoulder the important responsibility of combating corruption and building a clean government construction as well as maintaining social equality and justice. In the work of combating corruption and building a clean government, the above organizations with different functions are independent in performing their duties and, at the same time, coordinate and collaborate with one another.
The National Bureau of Corruption Prevention of China is an organ that the Chinese government has specially set up to take overall responsibility for the work of corruption prevention. Its major responsibilities are to organize and coordinate the national work of corruption prevention, make overall plans in this regard, formulate relevant policies, examine and direct the work, coordinate and direct the work of corruption prevention in enterprises, public institutions, social groups, intermediate agencies and other social organizations, and take charge of international cooperation and technical assistance in this regard. Some provinces and municipalities have also established corruption prevention bureaus.
CYPRUS (SECOND MEETING)
In 2006, the Independent Authority for the Investigation of Allegations and Complaints was established under the Law 9(I)/2006, in an attempt to improve and further increase the monitoring and investigative environment towards the Police through a competent body completely independent of the Police. The Authority investigates allegations and complaints regarding actions of members of the Police either upon an allegation or complaint or on its own accord.
GEORGIA (SECOND MEETING)
Institutionally strengthened Anti-Corruption Interagency Council In 2010 the Law on Conflicts of Interest and Corruption in Public Service was amended and the status of the Interagency Council for Fight against corruption was defined by the Law. Additionally, in 2010 the composition and capacity of the Council was broadened by the Decree of President on “the Approval of the Members of Interagency Anti-Corruption Council and the Regulations of the Council”.
ISRAEL (THIRD MEETING)
Raising awareness to the existing and developing anti-corruption policies and practices is crucial to the fight against corruption as much as the policies and practices themselves. The State of Israel has taken, inter alia, the following measures for raising awareness with reference to the provisions of Article 5 UNCAC: Knesset (Parliament) Deliberations: As a general matter and according to custom, Knesset deliberations, both in the plenum and in the separate committees, are open to public viewing, subject to certain limitations. The television "Knesset Channel" provides live ongoing coverage of deliberations, and in many cases representatives of a wide variety of public organizations, as well as private citizens, are invited to attend the deliberations in the various Knesset committees. The Civil Service Regulations: This collection of regulations and orders applicable to the Civil Service (referred to herein as the "Takshir") includes, inter alia, prohibitions on gaining personal benefit from public positions and on operating in conflicts of interest. The Takshir is published on the Civil Service Commission's website. The Civil Service Law (Discipline), 1963 grants the Civil Service Commissioner the authority to penalize public officials for any violation of the Takshir, and the Encouragement of Public Morality in Public Service Law, 1992, provides the framework for encouraging public officials to report acts of corruption in the public administration. Both these statutes are publicly available.
The State Comptroller Website: The State Comptroller's role is to ensure that the executive branch of the State acts in accordance with the principles of economy, efficiency, effectiveness and moral integrity. The State Comptroller's Website focuses on the State Comptroller's review of the activities of the executive branch. This reviewing function is defined in the Basic Law: The State Comptroller and is further described in Part B of this document. The website includes a Complaint Form section, containing an explanation of the complaint process and how a complaint can be filed. The State Comptroller's Reports are published annually through the media and online.
Anti-Corruption Website: A website dedicated to the combat against corruption is currently available in both Hebrew and English through the homepage of the Ministry of Justice. The anti-corruption website, which is updated on a regular basis, provides relevant information about corruption fighting methods and transparency measures, and includes reference to the United Nations Convention against Corruption. Efforts are being made to incorporate hyperlinks to this website in the websites of a wide variety of public and private organizations. The address of the anti-corruption website is www.corruption.justice.gov.il.
Anti-Corruption and Anti-Bribery Brochure: The Ministry of Justice has widely distributed, within the public and private sectors, an informational brochure concerning Israel's domestic and international efforts to combat corruption. The brochure, which refers, inter alia, to the United Nations Convention against Corruption, is intended to be a useful tool for the dissemination of information about anti-corruption efforts. The brochure also includes avenues for reporting suspicions of corruption-related offences and obtaining more information regarding the prevention of corruption. The brochure is available in Hebrew and English.
Media Campaign: The Ministry of Justice, on several occasions over the last few years, has issued press releases to major Israeli newspapers and news websites regarding the overall aims of Israel's international efforts in relation to the struggle against corruption.
Tax Authority Circular: The Israel Tax Authority issued, in January 2011, a Circular entitled "The Prohibition of Bribery of Foreign Public Officials", reflecting the amendment of Article 32 of the Income Tax Ordinance, which established the nondeductibility of payments made "in violation of any law" (and which was enacted on 16 November 2009). The Circular was published on the Israel Tax Authority's website, and was distributed to all tax inspectors. KAZAKHSTAN (SECOND MEETING) POLAND (THIRD MEETING) The preventive and educational activity of the Central Anti-Corruption Bureau was realized as follows:
In the field of own activity the Central Anti-Corruption Bureau gives precedence to anti- corruption measures. Thus, it takes part actively in various seminars and conferences held in this specialist field. Within own competence the Central Anti-Corruption Bureau has realized anti-corruption measures by the following means:
1) Organization of trainings for governmental, self-governmental institutions as well as employer's organizations. a) In 2010 there were held 21 trainings for 700 participants. b) In 2011 there were held 531 trainings for 12,280 participants. 2) Preparation and publishing of the following publications: a) The Anti-Corruption Bulletin — a popular science periodical b) The Anti-Corruption Handbook for Civil Servants c) The Anti-Corruption Handbook for Entrepreneurs d) 2010 Performance Report, 2011 Performance Report e) The Post-Conference Material. The 1st International Anti-Corruption Conference 0 The Institutional Anti-Corruption Activities in the World g) The Anti-Corruption Institutions in the Chosen States h) Anti-Corruption Recommendations on Public Procurement Procedures i) In English: The Anti-Corruption Bulletin, The Anti-Corruption Handbook for Entrepreneurs and Anti-Corruption Recommendations on Public Procurement Procedures. 3) Conferences and other preventive activities: a) In 2008: In December there was activated an anti-corruption web site with the educational and informational background. The web site is available under the name of "Service for Anti-Corruption Education" at: www.antykorupcja.edu.pl. Its main objective is to realize and support activities promoting behaviours combatting corruption. The web site provides extensive material and documents devoted to the issue of corruption and fighting against it. Furthermore, the Central Anti-Corruption Bureau cooperated with many institutions and non-governmental organizations, dealing within their activities with acts of corruption, such as: the Stefan Batory Foundation, Transparency 3 International Poland, the Institute of Public Affairs, the Sobieski Institute and the World Bank. The representatives of the Central Anti-Corruption Bureau also took part in many conferences and seminars organized by external entities and devoted to the issue of corruption, such as a series of meetings within the project "Little Poland without corruption". b) In 2009: The Central Anti-Corruption Bureau took part in the research project "The problematic nature of anti-corruption strategy and anti-corruption activities in Poland" which was a part of another larger project "The prevention and fighting against organized crime and terrorism in conditions of secure, increasing and sustainable social-economic development". c) In 2010: Beside educational activities, the Central Anti-Corruption Bureau also took part in governmental undertakings under the auspices of the Ministry of Interior and Administration, such as in preparatory works for "The Governmental Programme on Prevention of Corruption". Moreover, the Central Anti-Corruption Bureau cooperated with the Ministry of Finance during preparatory works for "The Anti-Corruption Programme of Customs Service 2010-2013+". The main objective of these undertakings was to make preparations for the effective strategy with the intention of preventing corruption and organized crime as well as analysing effective methods of fighting with these forms of crime. The Central Anti-Corruption Bureau continued working within the project "The prevention and fighting against organized crime and terrorism in conditions of secure, increasing and sustainable social-economic development". Within the project the analysis of jurisdiction in corruption crime and the comparative research in national anti-corruption politics were carried out. An invitation of the Central Anti-Corruption Bureau to take part in this project accepted the representatives of the scientific environment (University of Gdansk, Jagiellonian University in Krakow, Nicolaus Copernicus University in Torun, University of Silesia in Katowice, the Institute of Justice and the Institute of Public Affairs). Within the cooperation eight research reports and analyses with regard to current legal regulations were prepared. Furthermore, the Central Anti-Corruption Bureau took part in meetings and seminars devoted to the topic of anti-corruption issues and simultaneously took own initiatives in this field. During the conference, directed at the representatives of non-governmental organizations, the Central Anti-Corruption Bureau presented own experience in the field of prevention, disclosure and fighting against corruption. In relation to International Anti-Corruption Day observed annually on 9 December the Central Anti-Corruption Bureau jointly with the Chancellery of the Prime Minister organized a conference to which an invitation was extended to the representatives of governmental agencies, non-governmental organizations, partner services (from Lithuania, Latvia and Romania) as well as officers accredited in Poland. Moreover, there was organized the anti-corruption model-lesson for pupils of the 6th class at the primary school in the headquarters of the Central Anti-Corruption Bureau. This lesson was carried out by experts of the Kosciuszko Institute in the framework of the educational campaign "With small steps... towards the civil society". The Bureau also cooperated with such institutions and non-governmental organizations as: the Stefan Batory Foundation, Transparency International Poland, the Institute of Public Affairs and the Sobieski Institute. d) In 2011: On the occasion of International Anti-Corruption Day the Central Anti-Corruption Bureau organized the 2nd Anti-Corruption Conference with the support of the Chancellery of the President of the Republic of Poland and the Directorate-General (Home Affairs) of the European Commission. The meeting under the name of "Good practises within supporting transparency in the public and private sector — The 2'd Anti-Corruption Conference" offered the next forum for integration and debate among various services and institutions interested in wide-ranging prevention and fighting against corruption. The conference was held in the Presidential Palace for 200 invited guests — the representatives of institutions and organizations dealing with prevention and fighting against corruption in Europe — and had an international character owing to the participation of the representatives of anti-corruption institutions settled in many states, e.g. in Lithuania, Latvia, Estonia, Germany, Hungary and Great Britain. On 8 October the Central Anti-Corruption Bureau organized the panel debate under the
name "Anti-corruption challenges within public administration and business" during 4 the conference "The 3rd Generation Gdansk Science and Technology Park. Energetics, biotechnology, commercialization — also from the perspective of persons threatened by social exclusion". On 15 April the Central Anti-Corruption Bureau took part in the seminar "Good practises by carrying out and implementation of public procurement" during "Europoltech 2011 - International Fair of Technology and Equipment for the Police and National Security Services". Moreover, the Central Anti-Corruption Bureau organized own exhibition stands during the events "Europoltech 2011 International Fair of Technology and Equipment for the Police and National Security Services" and "Security Research Conference 2011". Apart from these undertakings the Central Anti-Corruption Bureau prepared the e-book and audiobook publication available on web sites edited by the Bureau. On 9 December the Head of the Central Anti- Corruption Bureau announced a contest for the best master/doctoral thesis regarding wide-ranging topic of corruption (contest rules are available on the web site of the Central Anti-Corruption Bureau — www.cba.gov.pl). Furthermore, the Central Anti-Corruption Bureau took part in preparatory works for governmental programmes, such as "The Governmental Anti-Corruption Programme 2012-2016" and stated an opinion on it. Opinions were also given on other projects, such as the strategy "Better Government 2011-2020". The Central Anti-Corruption Bureau also edited two web sites with preventive character: www.antykorupcja.edu.pl (with the web site on Facebook) and www. antykorupcj a. gov .pl
4) Further information: a) Infoline - there has been activated phone number, free of charge, to report acts of corruption (800-808-808) b) Convention of the Consultative Council by the Head of the Central Anti- Corruption Bureau (2 February 2011) c) Participation in the Consultation Group "The National Integrity System" (NIS) by Transparency International d) Application for the European Union funding of "The Prevention and Crime Fighting Programme" e) Publishing other material relating to the topic of the prevention of corruption, e.g. stickers, folders, bookmarks.
REPUBLIC OF KOREA (SECOND MEETING)
The Republic of Korea provided a copy of the Act on Anti-Corruption and the Establishment and Operation of the Anti-Corruption and Civil Rights Commission 2008. This can be found under the individual country file for the Republic of Korea in this thematic area.
ROMANIA (THIRD MEETING)
NATIONAL INTEGRITY AGENCY
I. ORGANIZATION AND OPERATION
The National Integrity Agency (NIA) was established under Law no. 144/2007, as amended and supplemented, as an autonomous administrative authority, with legal personality, operating at national level, a unique structure, with headquarters in Bucharest. Its main task is to ensure the performance of public dignities and positions in conditions of impartiality, integrity and transparency. The institution aims at organizing in a unitary and institutionalized manner the control of assets acquired during the exercise of mandates or performance of public dignities positions, verification of conflicts of interest, and incompatibilities.
NIA is a specialized body within the central public administration, financed from the state budget.
MISSION The Agency operates under the principles of legality, confidentiality, impartiality, independence operational, celerity, good administration, defense, and the principle of presumption of lawful acquisition of wealth.
The Agency’s mission is to contribute significantly to the establishment of standards of integrity, good practice in public administration and to discourage behaviors that generate corruption in the administrative level through active cooperation with institutions and authorities at national and European level.
OBJECTIVES In 2011, the Agency focused to enhance its activity by fulfilling the following main objectives: reaching efficiency and enhancing the evaluation activity of assets, conflicts of interests and incompatibilities; fulfilling the objectives set through ANI`s “Strategy for combating and preventing acquiring unjustified wealth, conflicts of interests and incompatibilities - 2011 – 2014” taking measures on submitting the assets and interests disclosers in due time, as well as developing the assets evaluation cases, conflict of interests cases or incompatibilities; professional training of the personnel (both operative and administrative) improving the work procedures within the Agency’s departments; enhancing inter-institutional cooperation; developing awareness and prevention events; informing the targeted public on the normative acts incidental to A.N.I.’s activity;
In 2011, the Agency strengthened its institutional activity by:
improving the outcome of existing working procedures in the departments of the Agency; training of staff; improving the efficiency of evaluation of assets, conflicts of interest and incompatibilities; dynamic inter-institutional cooperation.
II. FINANCIAL RESOURCES a) The final budget for 2011 of NIA, approved by Parliament by Law no. 286/2010 on the State Budget for 2011: 11.024.000 Lei, of which:
Staff costs: 5.635.000 Lei; Goods and services: 5.356.000 Lei; Capital expenditure: 33.000 Lei. b) Supplementary budget for NIA for 2011, approved by Decision no. 466/11.05.2011 :
Additional budget requested by NIA: 7.384.000 Lei (EUR 1.759.000); The total amount allocated by the Government: 2.700.000 Lei (Euro 643,189) = 36.56% of the amount requested.
III. THE STRUCTURE OF THE POSITIONS ON 30 DECEMBER OCCUPIED AND FREE
Filled in: 83 positions Vacant: 117 positions
IV. STAFF PROFESSIONAL TRAINING Between January 4 and 15, 2011, Human Resources, in collaboration with the Department of Communication, Public Relations and Strategy, carried out a research for defining training needs and specialization of the professional staff of the institution and also to identify “risk areas” where training activities should be prioritized during 2011. The research was carried out through a questionnaire, which included a set of 23 structured questions, in order to provide an overview of training activities attended by agency staff in 2010 and also the expectations and wishes of individuals related to their training. Following the centralization and analysis of data obtained from the research, the department of Human Resources in collaboration with the Department of Communication, Public Relations and Strategy developed:
1. The Strategy for training the stuff of the National Integrity Agency for 2011;
2. The Action Plan on training civil servants in 2011;
3. The Annual Plan draft of professional civil servants in 2011.
Thus, following the training needs identified through research and invitations received from various institutions, the National Integrity Agency staff attended, during 2011, a series of activities both at national and international level.
RUSSIA (SECOND MEETING)
The timely assessment and adjustment of measures adopted to combat corruption and the monitoring of their implementation are conducted by the Council of the President of the Russian Federation for Countering Corruption and its working body, the Presidium.