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United Nations Convention Against Corruption

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United Nations Convention Against Corruption United Nations Convention against Corruption Self-assessment Name: UK Crown Dependency - Isle of Man Country: United Kingdom of Great Britain and Northern Ireland Date of creation: 23/11/2017 Assessor: Renny Mendoza Assessor Position: International Policy Advisor - Joint Anti-Corruption Unit Release: 3.0.0.15 Comments: Completed self-assessment checklists should be sent to: Corruption and Economic Crime Section Division for Treaty Affairs United Nations Office on Drugs and Crime Vienna International Centre PO Box 500 1400 Vienna, Austria Attn: KAMBERSKA Natasha Telephone: + (43) (1) 26060-4293 Telefax: + (43) (1) 26060-74293 E-mail: [email protected] A. General information A. General information 1. General information 1519 1 Focal point: See UK submission. 2 Institutions consulted: See UK submission. 3 Please provide information on the ratification/acceptance/approval/accession process of the United Nations Convention against Corruption in your country (date of ratification/acceptance/approval of/accession to the Convention, date of entry into force of the Convention in your country, procedure to be followed for ratification/acceptance/approval of/accession to international conventions etc.). See UK submission. 4 Please briefly describe the legal and institutional system of your country. See UK submission. 5 In a separate communication addressed and e-mailed to the secretariat ([email protected]), please provide a list of relevant laws, policies and/or other measures that are cited in the responses to the self-assessment checklist along with, if available online, a hyperlink to each document and, if available, summaries of such documents. For those documents not available online, please include the texts of those documents and, if available, summaries thereof in an attachment to the e-mail. If available, please also provide a link to, or the texts of, any versions of these documents in other official languages of the United Nations (Arabic, Chinese, English, French, Russian or Spanish). Please revert to this question after finishing your self-assessment to ensure that all legislation, policies and/or other measures you have cited are included in the list. 6 Please provide a hyperlink to or copy of any available assessments of measures to combat corruption and mechanisms to review the implementation of such measures taken by your country that you wish to share as good practices. See UK submission. 7 Please provide the relevant information regarding the preparation of your responses to the self- assessment checklist. See UK submission. 8 Please describe three practices that you consider to be good practices in the implementation of the chapters of the Convention that are under review. See UK submission. 9 Please describe (cite and summarize) the measures/steps, if any, your country needs to take, together with the related time frame, to ensure full compliance with the chapters of the Convention that are under review, and specifically indicate to which articles of the Convention such measures would relate. None. 11/01/2018 United Kingdom of UK Crown Dependency - Isle of Man Page 2 of 129 Great Britain and Northern Ireland II. Preventive measures 5. Preventive anti-corruption policies and practices 2. Paragraph 1 of article 5 1. Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability. 1520 Is your country in compliance with this provision? 0 (Y) Yes 1522 1 Please describe (cite and summarize) the measures/steps your country has taken, if any, (or is planning to take, together with the related appropriate time frame) to ensure full compliance with this provision of the Convention. In 2013 the IOM adopted a new Bribery Act which is closely based on the UK’s Bribery Act 2010. Under the IOM’s 2013 Act it is an offence for commercial organisations to fail to prevent bribery (subject, as in the UK, to the organisation having a defence if has in place adequate procedures to prevent persons associated with it from engaging in conduct that constitutes an offence under the Act). Following the adoption of the Act the IOM published guidance to assist relevant organisations with compliance: <https://www.gov.im/media/868077/_2013-11-28__guidance_to_prevent_bribery.pdf> Under the Bribery Act 2013 it is an offence for public officials not to disclose knowledge or reasonable suspicion of bribery. The IOM Government has adopted an Anti-Bribery Policy which links to the Act: <https://www.gov.im/lib/docs/hr/HR_Policies/antibriberypolicyfinal52016.pdf> As part of its preparation for IOM’s Fifth Round Mutual Evaluation by MONEYVAL in respect of anti-money laundering and counter-terrorist financing measures, the IOM Government undertook a National Risk Assessment (NRA). This exercise, which was coordinated by the IOM Cabinet Office, involved all relevant parts of IOM Government and it involved engagement with the industry on the IOM. The NRA working group suggested that, based on experience and in common with other international business centres, tax evasion, corruption and fraud are the most likely external threats to the IoM. This is corroborated by statistics on the number of incoming MLA requests - see table below. In August 2017 the IOM Government published its Financial Crime Strategy 2017-2020. The Strategy builds on previous work to combat money laundering and terrorist financing, which has been reinforced by the findings of the Island’s MONEYVAL assessment undertaken in 2016. The Strategy was adopted by the Financial Crime Strategic Board (FCSB) with the approval of the Council of Ministers. The FCSB consists of senior officers from government, the regulators and law enforcement, chaired by the Chief Secretary. The FCSB coordinates the development and implementation of cross government policies and activities for AML/CFT proliferation and financial crime generally, including policies concerned with meeting relevant international standards. The Board makes recommendations to the Council of Ministers on policy matters. 1525 1 Please provide examples of the implementation of those measures, including related court or other cases, available statistics etc. 11/01/2018 United Kingdom of UK Crown Dependency - Isle of Man Page 3 of 129 Great Britain and Northern Ireland Incoming letters of request (ILORs): 2013 2014 Money laundering (ML) 7 8 ML + Corruption 4 2 ML + Fraud 15 14 ML + Drugs 1 0 ML + Tax Evasion 0 2 ML + Organised Crime 0 0 Terrorist Financing 0 0 Corruption 4 3 Tax Evasion 8 5 Fraud 24 17 Drugs 4 1 Other 17 11 Total requests 84 63 11/01/2018 United Kingdom of UK Crown Dependency - Isle of Man Page 4 of 129 Great Britain and Northern Ireland 3. Paragraph 2 of article 5 2. Each State Party shall endeavour to establish and promote effective practices aimed at the prevention of corruption. 1520 Is your country in compliance with this provision? 0 (Y) Yes 1522 1 Please describe (cite and summarize) the measures/steps your country has taken, if any, (or is planning to take, together with the related appropriate time frame) to ensure full compliance with this provision of the Convention. See information under Article 5(1) and also Article 9. 1525 1 Please provide examples of the implementation of those measures, including related court or other cases, available statistics etc. See previous answer. 11/01/2018 United Kingdom of UK Crown Dependency - Isle of Man Page 5 of 129 Great Britain and Northern Ireland 4. Paragraph 3 of article 5 3. Each State Party shall endeavour to periodically evaluate relevant legal instruments and administrative measures with a view to determining their adequacy to prevent and fight corruption. 1520 Is your country in compliance with this provision? 0 (Y) Yes 1522 1 Please describe (cite and summarize) the measures/steps your country has taken, if any, (or is planning to take, together with the related appropriate time frame) to ensure full compliance with this provision of the Convention. The IOM introduced a Corruption Act in 2008 in order to comply with various international requirements, including those under this convention. The IOM followed developments in the UK which led to UK’s Bribery Act 2010 and it subsequently agreed that new IOM legislation based on that Act, which was seen as representing a new standard for anti- corruption legislation, should be adopted. The resulting Bribery Act 2013 ensures a similarity in the general principles behind the prosecution of bribery that would in due course enable the IOM to rely on UK judicial authority, where appropriate. 1525 1 Please provide examples of the implementation of those measures, including related court or other cases, available statistics etc. Bribery Act 2013 11/01/2018 United Kingdom of UK Crown Dependency - Isle of Man Page 6 of 129 Great Britain and Northern Ireland 5. Paragraph 4 of article 5 4. States Parties shall, as appropriate and in accordance with the fundamental principles of their legal system, collaborate with each other and with relevant international and regional organizations in promoting and developing the measures referred to in this article. That collaboration may include participation in international programmes and projects aimed at the prevention of corruption. 1520 Is your country in compliance with this provision? 0 (Y) Yes 1522 1 Please describe (cite and summarize) the measures/steps your country has taken, if any, (or is planning to take, together with the related appropriate time frame) to ensure full compliance with this provision of the Convention. The IOM has a close and effective working relationship with the UK, which in turn collaborates with other State Parties and international organisations. 1525 1 Please provide examples of the implementation of those measures, including related court or other cases, available statistics etc.
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