The What, Why, Who, When and How of Chapter VI of United Nations Anti-Corruption Convention. 1.

WHAT

The United Nations anti-corruption convention (UNCAC) 1 is a comprehensive and in-depth legal instrument for preventing and combating corruption. It is the only truly international anti-corruption legislation by virtue of having the most countries as signatories to this convention. UNCAC requires countries to proscribe a wide range of corrupt acts and transactions as well as putting in place preventive measures to stop these practices from taking root2. Due to the global nature of corruption, UNCAC provides for International cooperation and return of proceeds of crime.3 Consequently the prevention and criminalisation of corruption, needs to be harmonized. Chapter VI of the convention espouses States Parties are to assist each other through technical means and information exchange. Chapter VI of UNCAC deals with technical assistance and information exchange between the States parties, and within national jurisdictions. This type of assistance can be divided into technical, (training and human resources), information exchange (bidirectional sharing of data and knowledge) and general economic assistance. Assistance is encouraged for a wide range of issues listed in article 61(a), which all relate to the rest of the act namely the Criminalisation requirements, the anti-money laundering provisions, International cooperation and mutual legal assistance and asset recovery.

Adopted by the United Nations General Assembly by resolution 58/4 of 31 October 2003 and came th into force came into force on 14 December 2005. 2 See Chapter II and III of UNCAC. 3 See Chapter IV and V of UNCAC.

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WHY?

The preamble to UNCAC provides that Convinced that corruption is no longer a local matter but a transnational phenomenon that affects all societies and economies, making international cooperation to prevent and control it essential4 In the Global economy, corruption has ceased to be a matter of national concern, morphing into a multinational occurrence that affects all societies and economies, making international cooperation to prevent and control it crucial. Each Party states has a unique legal system and they vary in levels of economic development. The implementation of UNCAC should therefore be analogous and consistent within States parties as far as is possible. To achieve this harmony, UNCAC promotes shared responsibility for all States parties.

3. 3.1.

WHO? Who provides the Assistance and Information exchange?

Each State party has a duty to give assistance to its personnel in charge of preventing and combating corruption in training programmes.5 Chapter VI places a lot of emphasis on assistance to less developed states parties.6 The form of assistance can be bidirectional between states parties.7 States may also assist another State parties without necessarily getting quid pro quo assistance back.8

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This is echoed in Article 1, paragraph (b) and in Article 2, paragraph 2 of the AU Convention. Article 60(1) UNCAC. 6 Articles 60(2),(6),(7),(8) and 62(2) UNCAC. 7 This is through bilateral and multilateral agreements or agreements. Articles 60(3) and 49 UNCAC. 8 Article 55(1) obliges States parties to provide assistance to the greatest extent possible within their domestic legal system, when they receive a request from another State party having jurisdiction

United Nations Office on Drugs and Crime (UNODC) , which is the Secretariat to the Conference of the States Parties also renders assistance to States parties that request and also generally9. Financial institutions and the private sector are also under an obligation to assist where necessary.10 4. WHEN

The provision of assistance is on a needs basis and is voluntary. It is pegged on the capacity of a country to provide such assistance. 5. HOW

States Parties are required to engage with experts and academicians to exchange and analyse information as well as sharing this information with other States Parties in the regional and international fora.11 They are encouraged to make voluntary contributions to developing countries and to a designated account in a United Nations funding mechanism to assist efforts in implementing UNCAC. They may also donate modern equipment to developing countries. Exchange of knowledge is through sub regional, regional, and international conferences, and recommending experts to each other. This exchange of information culminates in the Conference of the States Parties to the Convention to review UNCAC.12
over an offence under the Convention for confiscation of proceeds of crime, property, equipment or other instrumentalities 9 For example projects such as Tools and Resources for Anti-Corruption Knowledge (TRACK), a webbased portal, creating the database of anti-corruption experts. See, Technical Assistance in Support of the Implementation of the United Nations Convention against Corruption, Background paper prepared by the Secretariat Implementation Review Group Vienna, 7-9 September 2011. 10 Article 12(2)(a) UNCAC. 11 Article 62(1)(2) UNCAC.

UNODC provides a wide range of assistance. It undertakes country specific trainings for personnel involved in the fight against corruption. It provides online resources, toolkits amongst other assistance. States Parties make voluntary contributions to UNODC to make this possible. 5. CONCLUSION

Chapter VI, is not only aimed at assistance in implementing the core values of UNCAC, but to also to strengthen the enabling environment and the national governance systems themselves through exchange of information, ideas and experiences.

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Article 63 UNCAC.