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Country Review Report of Vanuatu

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Country Review Report of Vanuatu Review by India and Solomon Islands of the implementation by Vanuatu of articles 15 – 42 of Chapter III, “Criminalization and law enforcement”, and articles 44 – 50 of Chapter IV, “International cooperation”, of the United Nations Convention against Corruption for the review cycle 2010 - 2015 Page 1 of 243 Table of Contents I. Introduction ..................................................................................................................... 3 II. Process ............................................................................................................................. 4 III. Executive Summary ........................................................................................................ 4 IV. Implementation of the Convention ................................................................................ 15 A. Ratification of the Convention ................................................................................. 15 B. Legal system of Vanuatu .......................................................................................... 15 C. Implementation of selected articles .......................................................................... 25 Chapter III: Criminalization and Law Enforcement ................................................................ 25 Article 15 Bribery of national public officials ................................................................................ 25 Article 16 Bribery of foreign public officials and officials of public international organizations .. 33 Article 17 Embezzlement, misappropriation or other diversion of property by a public official ... 34 Article 18 Trading in influence....................................................................................................... 45 Article 19 Abuse of Functions ........................................................................................................ 46 Article 20 Illicit Enrichment ........................................................................................................... 49 Article 21 Bribery in the private sector .......................................................................................... 54 Article 22 Embezzlement of property in the private sector ............................................................ 55 Article 23 Laundering of proceeds of crime ................................................................................... 56 Article 24 Concealment .................................................................................................................. 66 Article 25 Obstruction of Justice .................................................................................................... 67 Article 26 Liability of legal persons ............................................................................................... 70 Article 27 Participation and attempt ............................................................................................... 73 Article 29 Statute of limitations ...................................................................................................... 76 Article 30 Prosecution, adjudication and sanctions ........................................................................ 77 Article 31 Freezing, seizure and confiscation ................................................................................. 95 Article 32 Protection of witnesses, experts and victims ............................................................... 108 Article 33 Protection of reporting persons .................................................................................... 110 Article 34 Consequences of acts of corruption ............................................................................. 112 Article 35 Compensation for damage ........................................................................................... 113 Article 36 Specialized authorities ................................................................................................. 114 Article 37 Cooperation with law enforcement authorities ............................................................ 138 Article 38 Cooperation between national authorities .................................................................... 140 Article 39 Cooperation between national authorities and the private sector ................................. 141 Article 40 Bank secrecy ................................................................................................................ 144 Article 41 Criminal record ............................................................................................................ 146 Article 42 Jurisdiction .................................................................................................................. 147 Chapter IV: International Cooperation ................................................................................... 154 Article 44 Extradition ................................................................................................................... 154 Article 45 Transfer of sentenced persons ..................................................................................... 188 Article 46 Mutual legal assistance ................................................................................................ 192 Article 47 Transfer of criminal proceedings ................................................................................. 232 Article 48 Law enforcement cooperation ..................................................................................... 233 Article 49 Joint investigations ...................................................................................................... 239 Article 50 Special investigative techniques .................................................................................. 240 Page 2 of 243 I. Introduction 1. The Conference of the States Parties to the United Nations Convention against Corruption (UNCAC) was established pursuant to article 63 of the Convention to, inter alia, promote and review the implementation of the Convention. 2. In accordance with article 63, paragraph 7, of the Convention, the Conference established at its third session, held in Doha from 9 to 13 November 2009, the Mechanism for the Review of Implementation of the Convention (Review Mechanism). The Mechanism was established also pursuant to article 4, paragraph 1, of the Convention, which states that States parties shall carry out their obligations under the Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and of non- intervention in the domestic affairs of other States. 3. The Review Mechanism is an inter-governmental process whose overall goal is to assist States parties in implementing the Convention. 4. The review process is based on the terms of reference of the Review Mechanism. II. Process 5. The following review of implementation by Vanuatu of the Convention is based on the completed response to the comprehensive self-assessment checklist received from Vanuatu, and any supplementary information provided in accordance with paragraph 27 of the terms of reference of the Review Mechanism and the outcome of the constructive dialogue between the governmental experts from India, Solomon Islands and Vanuatu, by means of telephone conferences, e-mail exchanges and in-person dialogue. The review process involved the following persons listed below. Vanuatu: - Ms. Jenny Tevi, Senior Desk Officer, Treaties and Conventions Divisions, Ministry of Foreign Affairs India - Mr Jai P. Prakash, Additional Secretary, Ministry of Personnel & Training - Mr. Manoj Kumar Dwivedi, Director (Services & International Cooperation), Department of Personnel and Trainings, Ministry of Personnel, Public Grievances and Pensions - Mr. Ashish Chandra Singh, Senior Legal Adviser Solomon Islands - Joe Poraiwai, Ombudsman - Nelson Dhita Ofamana, Senior Legal Officer / Crown Prosecutor 6. A country visit, agreed to by Vanuatu, was conducted from 28 to 30 October 2013. The following institutions met included the Prime Ministers’ Office, Attorney-General’s Office/ State Law, Public Service Commission, Public Prosecutions Office, Reserve Bank, Vanuatu Financial Services Commission, Vanuatu Financial Intelligence Unit, Vanuatu Police Force/Fraud/Criminal Investigations Department, Transnational Crime Page 3 of 243 Unit, Correctional Services, Ombudsman’s Office, Transparency & Social Accountability (a non-governmental organization), Vanuatu Chamber of Commerce and National Council of Women (agenda see annex 1). III. Executive summary 1. Introduction Overview of the legal and institutional framework of Vanuatu in the context of implementation of the United Nations Convention against Corruption The Convention was acceded to by the Government of the Republic of Vanuatu on 12 July 2011. It entered into force on 11 August 2011, pursuant to the United Nations Convention against Corruption (Ratification) Act of 2010. Vanuatu is a unitary State with a Parliamentary-type of Government based on the Westminster model. Its sources of law vary as a result of joint British-French administration before independence in 1980. Key institutions involved in the criminalization of corruption and law enforcement include: the Vanuatu Police Force (VPF); Office of the Public Prosecutor; Office of the Ombudsman; Vanuatu Financial Intelligence Unit (VFIU); and Public Service Commission
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