G20 ANTI-CORRUPTION WORKING GROUP. Report on technical assistance provision by G20 ACWG countries

Similar documents
CAC/COSP/IRG/2018/CRP.12

PROGRESS REPORT ON THE G20 SELF-ASSESSMENT ON COMBATING THE BRIBERY OF FOREIGN PUBLIC OFFICIALS

-Executive Summary- Assessment of the review process. Conduct of process

Enforcement of Foreign Bribery under the OECD Anti-Bribery Convention

Conference of the States Parties to the United Nations Convention against Corruption

Mauritius Communiqué on the Global Conference on Anti- Corruption Reform in Small Island States

Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions

Toshifumi Ishida. International Safety and Security Cooperation Division Ministry of Foreign Affairs of Japan

Module 3 TOOLS FOR TRANSPARENCY

Legal Framework on Asset Recovery The United Nations Convention Against Corruption 1. Oliver Stolpe UNODC

Ref: PSA/WP/DO(2012)32 06 February Dear Alex,

CRS-2 develop and promote policies to combat money laundering and terrorist financing. 3 Recently, China and South Korea were granted observer status,

Conference of the States Parties to the United Nations Convention against Corruption

INTERNATIONAL COOPERATION IN THE FIELD OF CONFISCATION AND RECOVERY OF CRIMINAL ASSETS: TOOLS AND INSTRUMENTS

CTOC/COP/WG.2/2018/CRP.1-CTOC/COP/WG.3/2018/CRP.1

Accelerated International Momentum to Return Stolen Assets

Practical Implementation of UN Standards and Financial Action Task Force on Money Laundering (FATF) Recommendations: Challenges and Assistance

Conference of the States Parties to the United Nations Convention against Corruption

EU-Mexico Free Trade Agreement EU TEXTUAL PROPOSAL. Anti-corruption provisions

The following three mandates call for actual work to strengthening the recovery and return of stolen assets:

GLOBAL FORUM ON ASSET RECOVERY COMMUNIQUE. Washington D.C. December 4-6, 2017

Council of Europe COMMITTEE OF MINISTERS

Conference of the States Parties to the United Nations Convention against Corruption

U.S. AFAR Action Plan Implementation Road Map

STANDARD FORMAT FOR THE PREPARATION OF THE PROGRESS REPORTS (ARTICLES 31 AND 32 OF THE RULES OF PROCEDURE AND OTHER PROVISIONS OF THE COMMITTEE) 1

ANTI-CORRUPTION SUMMIT PLEDGES AND OGP NATIONAL ACTION PLANS: HOW DO THEY STACK UP?

COMPILATION ON THE MANAGEMENT AND DISPOSAL OF SEIZED AND CONFISCATED ASSETS. Addis Ababa: February Hermione Cronje

Beyond the FCPA. A Global Change in Anti-Corruption Enforcement. Presented by: Dana Choi John Irving Sonya Strnad. July 19, 2011

version: To the point. Information from the Federal Ministry of Finance. G20

José Lopes da Mota Deputy Prosecutor General Former President of Eurojust

TREATY SERIES 2003 Nº 2. Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

Report on cooperation challenges faced by the Court with respect to financial investigations. Workshop October 2015, The Hague, Netherlands

Minutes of Meeting. ADB/OECD Anti-Corruption Initiative for Asia and the Pacific. Participants. Chairs of the Meeting. Summary of the Discussions

DRAFT Agenda. Arab Forum on Asset Recovery September 2012 St. Regis Hotel, Doha, State of Qatar

Working Group on Bribery: 2012 Data on Enforcement of the Anti-Bribery Convention

Self-assessment checklist on the implementation of the United Nations Convention against Corruption

THE KINGDOM OF LESOTHO ANTI-MONEY LAUNDERING AND COMBATING THE FINANCING OF TERRORISM REGIME

CAC/COSP/IRG/2011/CRP.12

Thematic Paper on Organised Crime Asset Confiscation as an Instrument to Deprive Criminal Organisations of the Proceeds of their Activities.

G20 International Financial Institution Reform Commitments and Compliance

Fourth Annual High-Level Anti-Corruption Conference for G20 Governments and Business AGENDA. 11 June 2014 Rome, Italy

APG ANNUAL BUSINESS PLAN

FATF Report to the G20 Finance Ministers and Central Bank Governors

Conference of the States Parties to the United Nations Convention against Corruption

FINANCIAL ACTION TASK FORCE ON MONEY LAUNDERING THE FORTY RECOMMENDATIONS OF THE FINANCIAL ACTION TASK FORCE ON MONEY LAUNDERING

ZIMBABWE NATIONAL ANTI-MONEY LAUNDERING AND COMBATING FINANCING OF TERRORISM STRATEGIC PLAN FOR THE PERIOD:

The Protocol to Eliminate Illicit Trade in Tobacco Products: an overview

THIRD MEETING OF THE OECD FORUM ON TAX ADMINISTRATION

REPUBLIC OF KENYA. STATEMENT Kenya Country Statement delivered during UNCAC BY

Herman von Hebel. Registrar. Sixteenth session of the Assembly of States Parties. Plenary session on Cooperation

Fourth OECD G20 High-Level Conference on Corruption: Governments and Business DRAFT AGENDA. 11 June 2014 Rome, Italy

Technical Meeting on Co-operation in Bribery Investigations and Prosecutions

G20 Climate Change Commitments and Compliance

ISO Anti-bribery management system standard

Bribery and Corruption

Official web site of the Ministry:

Protocol to Eliminate Illicit Trade in Tobacco Products

INTERNATIONAL COOPERATION IN THE FIELD OF CONFISCATION AND RECOVERY OF CRIMINAL ASSETS: TOOLS AND INSTRUMENTS

Conference of the States Parties to the United Nations Convention against Corruption

DISCUSSION PAPER MEXICO S PRESIDENCY OF THE G-20

Conference of the States Parties to the United Nations Convention against Corruption

Note: G20 includes only the 19 member countries (excludes European Union).

Assessing the G-20 Economic Stimulus Plans: A Deeper Look. By Eswar Prasad and Isaac Sorkin March 2009

Objectives for FATF XXV ( ) Paper by the incoming President

Policy Debate: Perspectives on Global Device Industry Ethics & Compliance Initiatives

The Camden Asset Recovery Inter-Agency Network (CARIN)

SDG 16 and Target 16.4: Scope and Consequences for the ATT

Jacques Visser Chief Legal Officer DIFC Authority Level 14, The Gate, P. O. Box Dubai, United Arab Emirates

PURSUING STRONG, SUSTAINABLE AND BALANCED GROWTH: TAKING STOCK OF STRUCTURAL REFORM COMMITMENTS

WORLD TRADE ORGANIZATION

CSO GFAR report on Sri Lanka

G20 Finance Track. 18 Februari 2016

ETS International Cooperation and MRV

FIRST ROUND MUTUAL EVALUATIONS - POST EVALUATION PROGRESS REPORT OF LESOTHO

Basel Committee on Banking Supervision. Consultative Document. Home-host information sharing for effective Basel II implementation

Anti-Money Laundering Compliance Issues

MONEY LAUNDERING AND TERRORISM FINANCING IN THE CORPORATE SERVICE PROVIDERS SECTOR. Domestic Trends

CONCLUSIONS AND RECOMMENDATIONS OF REMJA-VIII *

APG ANNUAL BUSINESS PLAN

G20. Chow Lok Ching Sharon Mok Kwai Ching Cheung Hoi Lam

Anti-Corruption and Transparency Reporting Template

31 March, OECD, 2 rue André-Pascal, Paris

People s Republic of China: Promotion of a Legal Framework for Financial Consumer Protection

Prudential supervisors and external auditors. Marc Pickeur, CBFA Brussels, 27 October

TRANSPARENCY IN CORPORATE REPORTING: ASSESSING THE WORLD S LARGEST COMPANIES

CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS. and Related Documents

Promoting integrity in the private sector

Progress towards Strong, Sustainable and Balanced Growth. Figure 1: Recovery from Financial Crisis (100 = First Quarter of Real GDP Contraction)

FOURTH MEETING OF THE OECD FORUM ON TAX ADMINISTRATION January Cape Town Communiqué 11 January 2008

Leveraging OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

QUESTIONNAIRE Country self-assessment report on implementation and enforcement of G20 commitments on foreign bribery

DECLARATION ON CURBING ILLICIT FINANCIAL FLOWS THROUGH GOOD FINANCIAL GOVERNANCE

TECHNICAL PAPER: Guidance on the National Risk Assessment of Terrorist Financing in the Republic of Serbia

THE RUSSIAN PRESIDENCY IN G20: PRIORITIES AND GENERAL APPROACHES

Anti-Corruption and Transparency Reporting Template - Australia

SWITZERLAND BENEFICIAL OWNERSHIP TRANSPARENCY

WSBI s contribution to the Consultation of the Basel Committee on Microfinance activities and the Core Principles for Effective Banking Supervision

PREPARING THE G20 BRISBANE SUMMIT AGENDA

The Berne Union: An Overview

New in 2013: Greater emphasis on capital flows Refinements to EBA methodology Individual country assessments

Transcription:

G20 ANTI-CORRUPTION WORKING GROUP Report on technical assistance provision by G20 ACWG countries August 2017

Acknowledgements The present Report is an initiative led by the Brazilian delegation to the G20 Anti-Corruption Working Group. It was produced by Mr. Marcelo L. Perrucci, under the direct supervision of Ms. Elizabeth Cosmo, and under the overall supervision of Ms. Camila Colares and Mr. Renato Capanema, all from the Directorate of Integrity and International Cooperation of Brazilian Ministry of Transparency and Comptroller-General (CGU). The report also received valuable contributions from Mr. Gabriel Moreira and Mr. Pedro Fontoura, from the Brazilian Ministry of Foreign Affairs. Finally, this report would not have been possible without the brilliant work UNODC has done in mapping the needs for technical assistance reported during UNCAC implementation review cycles. 2

Page Index Acknowledgements... 2 Summary... 3 1. Introduction... 4 2. Questionnaires responses... 5 2.1. Question 1: Exportable policy/program/tool... 5 2.2. Question 2: Assistance programs... 7 2.3. Question 3: Cases and results... 8 2.4. Question 4: Challenges... 8 2.5. Question 5: Priorities... 9 3. UNCAC implementation First cycle of review... 11 3.1. Assistances needs for UNCAC implementation (by UNODC)... 11 3.2. Areas covered by the exportable policies/programs/tools (Question 1: Exportable policy/program/tool)... 13 3.2.1. Demand X Offer (Question 1 only)... 15 3.3. Areas covered by assistance programs (Question 2: Assistance Programs)... 15 3.4. Areas covered (Question 1 + Question 2)... 17 4 Conclusions... 19 Summary The present report contains information on both ongoing and potential international assistance provision by the countries of the G20 Anti-Corruption Working Group (G20 ACWG). The goals are: I) to map G20 ACWG s landscape on international assistance provision; II) to compare the outlines with UNODC s mapping of international assistance needs relating to the United Nations Convention against Corruption (UNCAC) implementation; and III) to provide some inputs concerning reported challenges and priorities towards international cooperation. The report is based on the information provided by G20 ACWG countries in response to a standard questionnaire (annex I). It is important to note that, in some cases, the responses reflect only part of all technical assistance efforts of a given country. The present report, therefore, should be regarded as an analysis of an illustrative list rather than one of a complete framework, concurrently considering the topics listed as the ones each country deemed more relevant to include in its answer. 3

1. Introduction Corruption could be rated amongst the world s biggest problems. 1 Its impacts in the economy and in people s lives are undeniable. Corruption may have detrimental effects on economic performance and diminish the Government s abilities to deliver to its citizens. Although corruption costs are more evident during financial crises or stagnation periods, its negative effects have been seen even during periods of economic growth. 2 No country is immune from corruption. As it grows to a global scale, countries must make their best efforts in promoting cooperation to tackle corruption. G20 ACWG recognized the importance of international cooperation on more than one occasion, including in the Action Plan for 2017-18 where it reads In a globalised world, international cooperation is essential to the successful prevention, investigation and prosecution of corruption, and the return of stolen assets. In April 2017, the G20 ACWG approved Brazil s proposal for developing a mapping the group s landscape on international assistance provision. For that end, G20 ACWG countries were asked to provide information on their potential and ongoing international assistance activities through a standard questionnaire, consisting of five open-ended questions. In the first question, countries were asked to provide information on internal policies, programs and tools that could be shared with other countries 3. This question aims to map the main areas and the corresponding articles of UNCAC in relation to which countries would be in a position to provide technical assistance, subject to availability of resources. The second question relates to program-based cooperation 4 and covers the areas in which countries are already providing assistance. The third question asks countries to share the results and experiences of 1 2013 World Independent Network/Gallup International annual survey with 65 countries. In the same direction, BBC 2010, Pew Research Center 2014, and the World Economic Forum s 2016 Global Risks Report. 2 An annual cost estimation for bribery alone is about $1.5 to $2 trillion (about 2 percent of global GDP), as found in IFM/SDN/16/05. 3 Question 1: If applicable, please share examples of policy/program/tool(s) that your country has implemented internally and could be shared with other countries, subject to availability of resources. 4 Question 2: If applicable, please provide information on existing technical assistance programs through which anti-corruption assistance is provided, including programs that may indirectly strengthen anti-corruption efforts (e.g., justice sector reform, good governance education, combat to money-laundering and financing of terrorism, among others). 4

the cooperation 5, and the fourth and fifth questions ask about challenges 6 and priorities 7 for international cooperation. Twenty G20 ACWG countries 8 have responded to the questionnaire. 2. Questionnaires responses 2.1. Question 1: Exportable policy/program/tool Of the 20 countries that replied to the questionnaire, 19 reported on at least one policy/program/tool which has been implemented internally and could be shared with other countries, subject to availability of resources. Figure I Top 10 areas (and the corresponding articles of UNCAC) for which countries could offer technical assistance, per number of countries. Assistance # Art. Area Offer (Q1) 1 36 Specialized authorities 14 2 16 Bribery of foreign public officials and officials of public international organizations 8 3 15 Bribery of national public officials 8 4 17 Embezzlement, misappropriation or other diversion of property by a public official 8 5 38 Cooperation between national authorities 8 6 37 Cooperation with law enforcement authorities 7 7 20 Illicit enrichment 6 5 Question 3: Please provide examples of recent international technical assistance provided by your country as anticorruption initiatives and/or initiatives that may have an anti-corruption dividend, including its results and the country/ies, organizations and stakeholders involved, as well as, if applicable, how donor coordination was addressed. 6 Question 4: Please provide information on the main challenges and gaps regarding the provision of technical assistance for anti-corruption that your country may face or has faced recently. 7 Question 5: Please indicate the current priorities for your country that interacts with the anti-corruption agenda. 8 G20 ACWG countries: Argentina; Australia; Brazil; China; France; Germany; India; Indonesia; Italy; Japan; Mexico; Russia; Saudi Arabia; South Africa; South Korea; Spain; United Kingdom and United States of America. And guest countries: Netherlands and Norway. 5

8 39 Cooperation between national authorities and the private sector 6 9 48 Law enforcement cooperation 4 10 23 Laundering of proceeds of crime 4 The responses to Question 1 mentioned not only longstanding well-structured policies/programs/tools but also innovative initiatives that have been adopted more recently. Considering all the initiatives reported in Question 1, it is possible 9 to categorize them into three groups concerning their implementation level, as follows: Figure II Percentage of Policies/programs/tools, by implementation level Initiatives' Maturity Levels 37% 45% Just implemented (under 3 years) New (3-5 years) Consolidated (over 5 years) 18% Figure II illustrates that nearly half of the policies/programs/tools referred to by ACWG countries has started to be implemented in the last three years. In contrast, one third of the initiatives consists of consolidated policies, programs and tools that have been implemented for over five years. 9 Each question allows for one or multiple responses, providing countries with the opportunity to report on more than one initiative in the same answer. However, the questionnaire asks countries to report separately on each initiative, completing all relevant information. Whenever multiple policies/tools/programs were reported together, the predominant or most relevant to corruption fighting and preventing was considered. That analysis relies only on information inserted in the answers, providing a small margin for inaccurate assessment of actual implementation dates. 6

The aforementioned information may indicate that collectively G20 ACWG countries are focusing the offer of assistance on more innovative initiatives, without, however, neglecting the importance of also offering assistance on well-established areas and projects. This approach is particularly important for those countries facing challenges that others may have already overcome. 2.2. Question 2: Assistance programs The second question invites countries to report on existing technical assistance programs through which anti-corruption assistance is provided. Amongst the 16 countries that answered this question, two provided information on a great number of programs, while four other countries declared that they do not specifically undertake programs for cooperation in the area of fighting and preventing corruption, operating mainly in a non-structured way through bilateral assistance. The analysis of the information provided for question 2 indicates a broad range of areas and configurations in which international technical assistance is being provided by G20 ACWG countries. Whilst some programs have one clear main area of cooperation, others cover a wider spectrum of areas. The same pattern can be observed in the geographical scope, with programs ranging from bilateral to multilateral, the latter being either regional or global in scope. As regards the possibility of replicating ongoing programs to reach different countries or regions, many examples of programs seem to be tailor-made to the specific needs of a single country or region, while others may be easily adapted to serve other countries or regions. 7

2.3. Question 3: Cases and results Of the 20 countries that answered the questionnaire, 18 mentioned concrete cases of technical assistance. The answers are not exhaustive and contain samples of the kind of international cooperation countries are providing and the results achieved in this process. For a comprehensive review of the cases and results reported, please refer to the responses submitted by each country. 2.4. Question 4: Challenges Fifteen countries indicated challenges in the provision of international assistance. The majority of them (14 countries) identified the shortage of qualified personnel and/or resources as an obstacle to the provision of international assistance. The lack of resources/personnel was reported as a challenge not only for countries providing assistance to expand their portfolio of cooperation, but also for the receiving countries in relation to their capacity to absorb the cooperation received. From the perspective of the providing countries, costs and lack of human resource can prevent a potential assistance provider from actively engaging in international cooperation. On the other side, from the perspective of a receiving country, the lack of resources can be an obstacle for putting into practice the knowledge and expertise acquired through technical assistance. This occurs either because the receiving country does not possess the financial means to implement the reforms, or because the national staff cannot handle the new tools/policies acquired. Five countries reported difficulties in evaluating the impact of international assistance provided. An absence of clear results may have a negative impact on the political will towards providing/receiving technical assistance. Figure III identifies the more recurrent challenges reported 10 by countries concerning international assistance in anti-corruption matters. 10 The State could answer openly to this question and every mention of a challenge was computed equally. Whilst not all States answered this item and not all inputs pointed clearly to one specific challenge, the consolidated 8

Figure III Number of Countries that reported each Challenge Challenges Countries Lack of personnel / resources 14 Difficulty of evaluating impact 5 Lack of political will* 5 Poor management (projects) 4 Different structures 3 Countries with anti-corruption institutions still in development 3 (difficulties to absorb) Competition amongst public entities* 2 Lack of an independent anti-corruption agency on receiving 2 countries Short term priorities* 1 Discontinuity problems (high turnover of staff)* 1 Misalignment of the expectations on the kind of assistance to be 1 provided *(both providing and receiving countries) 2.5. Question 5: Priorities Public and private sector integrity was identified as a current priority for the anti-corruption agenda of eleven countries, as well as governance and transparency. International cooperation and institutional building came close behind with eight mentions for each. Figure IV contains the most recurrent priorities reported by countries concerning anti-corruption matters. 11 information provides an overview of the most critical challenges the States are facing when providing/receiving international assistance. 11 Countries could answer openly to this question and every priority that was reported was computed equally. Whilst not all countries answered this item and not all inputs pointed clearly to one specific priority, the consolidated information may provide insights when compared to G20 priorities as a group. 9

Figure IV Priorities mentioned per number of countries Priorities Countries Integrity 11 Governance and Transparency 11 International Cooperation 8 Institutional Building 8 Open Government 5 Capacity Building 5 Asset Recovery 4 Foreign Bribery 4 Promote International Trade by reducing corruption 3 Procurement 3 Whistleblower Protection 3 Beneficial Ownership 2 Liability of Legal Persons 2 Lobby Regulation 2 Money Laundering 1 The four most reported priorities 12 - integrity, governance and transparency, institutional building and international cooperation - cover nearly all areas prioritized in the G20 ACWG Action Plan for 2017-2018 13. Practical co-operation and international organizations can be understood as part of the macro area of international cooperation which was mentioned as a priority by eight countries. Beneficial ownership, Private sector integrity and transparency, Public sector integrity and transparency and Bribery all fall under the categories of Integrity and Governance and Transparency, each of which was identified as a national priority by eleven countries. Beneficial ownership, another G20 work area, was expressly referenced by two countries. 12 There was a significant variation amongst the answers regarding the level of detail of the priorities reported. That could justify the predominance of macro-areas, such as integrity and transparency, and the low presence of specific priorities as defined within ACWG s Action Plan for 2017-2018. 13 G20 ACWG Action Plan for 2017-2018 states the following priorities: Practical co-operation; Beneficial ownership: Private sector integrity and transparency; Public sector integrity and transparency; Bribery; Vulnerable sectors; International organizations; and Capacity building. 10

Only five countries specifically named capacity building as a national priority. Moreover, there was only one mention relevant to the vulnerable sectors area of work in the ACWG Action Plan, for which Extractive Industries Transparency Initiative (EITI) was listed as a priority. 3. UNCAC implementation First cycle of review Reducing corruption remains a top priority for the G20. Corruption is at the heart of so many of the challenges the world faces. It undermines good governance, erodes the trust that people place in public institutions, corrodes decision-making, impedes economic development and facilitates organised crime. No country is immune and governments cannot tackle it alone: we need the support of business and civil society to help prevent and uncover corruption. We call on those countries which have not yet done so to ratify and implement the United Nations Convention against Corruption (UNCAC). We reaffirm our support for UNCAC s Implementation Review Mechanism. (G20 Anti-Corruption Action Plan 2017-2018) 3.1. Assistances needs for UNCAC implementation (by UNODC) In Resolution 4/1 14 of the Conference of the States Parties to the United Nations Convention against Corruption, States Parties were invited to complete a comprehensive self-assessment checklist regarding UNCAC s implementation, including an identification of technical assistance needs. In the compilation of those answers for the first cycle of review, UNODC analyzed information regarding Chapters III (Criminalization and law enforcement) and IV (International cooperation), grouping reported needs 15 per UNCAC article, as showed in Figure V. 14 Resolution 4/1 (2011) - Mechanism for the Review of Implementation of the United Nations Convention against Corruption available at https://www.unodc.org/unodc/en/treaties/cac/cac-cosp-session4-resolutions.html 15 UNODC considered the needs reported in the self-assessment checklist of the First Cycle of Review of UNCAC s implementation. 11

Assistance needs Figure V UNODC Number of countries reporting assistance needs for UNCAC s implementation, by UNCAC article 16 Assistance needs by UNCAC article number 200 180 160 140 120 100 80 60 40 20 0 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 UNCAC article Source: UNODC Analysis of technical assistance needs emerging from the country reviews under the first Implementation Review Cycle (CAC/COSP/IRG/2016/13) updated in (CAC/COSP/2017/7). The mapping indicates the number of countries reporting needs for each article of Chapters III and IV of UNCAC. The most recurrent needs are related to protection of witnesses, experts and victims (article 32); mutual legal assistance (article 46); extradition (article 44); special investigative techniques (article 50); law enforcement cooperation (article 48); protection of reporting persons (article 33); cooperation with law enforcement authorities (article 37); bribery of foreign public officials and officials of public international organizations (article 16); and Illicit enrichment (article 20). 16 Note: UNCAC s Article 43 sets out general principles regarding the International Cooperation chapter. For that reason, it was not considered in UNODC s mapping of assistance needs. 12

3.2. Areas covered by the exportable policies/programs/tools (Question 1: Exportable policy/program/tool) Provision of Technical Assistance by G20 ACWG Countries: The effective implementation of the United Nations Convention against Corruption, as well as other international anticorruption instruments, poses great challenges for the State parties and may require significant changes in legislative and policy frameworks, institutional arrangements, the criminal justice system and the civil service, making the delivery of technical assistance pivotal to a successful, consistent, and effective implementation of anticorruption measures. Led by Brazil, the ACWG is conducting a mapping exercise on Provision of Technical Assistance by G20 ACWG Countries. (G20 Anti-Corruption Working Group Interim Report 2017) 17 In order to make a comparison between the demand, represented by the assistance needs identified by UNODC during the first cycle of review, and the assistance that could be potentially provided by G20 ACWG countries, each input given in response to the first question of the Questionnaire was attributed to one (or more) article of UNCAC that best represent the area(s) covered by the policy/program/tool informed. 18 Considering that UNODC has only mapped the technical assistance needs regarding the Chapters III and IV so far, the present report classifies the answers in accordance with the articles of those Chapters. This methodology allows for the comparison of the areas with greater assistance needs (demand side) with the areas identified by G20 ACWG countries with greater potential for offering technical assistance (provision side) for each article, as follows: 17 http://www.bmjv.de/shareddocs/downloads/en/g20/interim_accountability_report_2017.pdf;jsessionid=85c0 C6338005E883BF52F5B7FD8212A5.1_cid324? blob=publicationfile&v=1 18 That categorization tried to follow the core articles potentially covered by that type of assistance. When a program s result could impact on more than one article, every relevant article was marked. By doing this, it was possible to assess the primary areas in which each State is providing, or is willing to provide, international assistance, without quantifications or qualifications of any sort. This approach was based on the premise that if a State is already providing/offering assistance in a given area, it could potentially expand that cooperation to new States. 13

Assistance Needs (by UNODC) Countries Offering Assistances (Question 1) Figure VI Comparison between number of countries with assistance needs (left) and number of G-20 countries (right) that could potentially offer 19 20 21 assistance (Question 1), per UNCAC article. Assistance Needs (by UNODC) versus Number of Countries Offering Assistance, per UNCAC article 200 20 18 150 16 14 12 100 10 8 50 6 4 0 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 UNCAC article 2 0 Assistance Needs ACWG Countries Offering Assistance regarding the article 19 Source: UNODC CAC/COSP/IRG/2016/13, CAC/COSP/2017/7 and QUESTIONNAIRE PROVISION OF TECHNICAL ASSISTANCE BY G20 ACWG COUNTRIES. 20 Note: UNCAC s Article 43 sets out general principles regarding the International Cooperation chapter. For that reason, it was not considered in UNODC s mapping of assistance needs. 21 Note: UNCAC s Article 36 concerns Specialized Authorities, which resulted in several initiatives being identified as relevant for this article, despite being identified for other articles as well. 14

3.2.1. Demand X Offer (Question 1 only) This comparison indicates that the relative size of the demand in some areas proportionally matches the areas where G20 ACWG countries could potentially offer assistance. Bribery of national public officials (article 15); embezzlement (article 17); concealment (article 24); and cooperation between law enforcement, national authorities and private sector (articles 37, 38 and 39) are areas where the assistance needs and potential offer of assistance seem to be proportionally balanced. There is also substantial demand for technical assistance in relation to specialized authorities (article 36). This was the most recurrent area in which G20 ACWG countries indicated potential of providing technical assistance. These data highlight the areas where there is potential to be explored by countries which receive and provide technical assistance in future assistance initiatives. Figure VI also indicates gaps relating to the areas where there is an imbalance between demand and potential offer. Considering that Question 1 of the Questionnaire focuses only on the initiatives that G20 ACWG countries are already implementing internally, the gaps could be analyzed in light of the areas covered by the existing structured technical assistance programs reported in Question 2 (see Section 3.4.2). 3.3. Areas covered by assistance programs (Question 2: Assistance Programs) Several gaps identified in the comparison between assistance needs and the internal policies/programs/tools that were reported in response to Question 1 are fully or partially covered by ongoing assistance programs reported by countries in Question 2. 22 Although these programs vary greatly between bilateral, multilateral, regional and global scope, the responses suggest that providing countries may be able to cooperate in relevant areas should any demand arise. 22 Applying the same methodology used in the previous analysis, each structured program reported under in the second question was marked as related to one (or more) article of UNCAC. 15

Assistance Needs (By UNODC) Number of G20 ACWG Countries with Programs regarding the theme (Question 2) Figure VII Comparison between assistance needs (left) and number of G20 ACWG countries (right) providing assistance (Question 2), per UNCAC article. Assistance Needs (by UNODC) versus Number of Countries Providing Assistance, per UNCAC article 23 24 200 20 150 100 50 18 16 14 12 10 8 6 4 2 0 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 UNCAC article 0 25 Assistance Needs G20 ACWG Countries with Programs regarding the article 23 Source: UNODC CAC/COSP/IRG/2016/13, CAC/COSP/2017/7 and QUESTIONNAIRE PROVISION OF TECHNICAL ASSISTANCE BY G20 ACWG COUNTRIES. 24 Note: UNCAC s Article 43 sets out general principles regarding the International Cooperation chapter. For that reason, it was not considered in UNODC s mapping of assistance needs. 25 Note: UNCAC s Article 36 concerns Specialized Authorities, which resulted in several initiatives being identified as relevant for this article, despite being identified for other articles as well. 16

3.4. Areas covered (Question 1 + Question 2) The merging of the responses to Question 1 (potential assistance) with the responses to Question 2 (program-based assistance) results in a mapping of areas where there is potential/expertise in relation to the provision of technical assistance by G20 ACWG countries (Figure VIII). 17

Assisance Needs (By UNODC) Assistance Availability per number of Countries (Question 1 and 2 overlapped) Figure VIII Comparison between assistance needs (left) and assistance possibilities (right), merging potential and ongoing cooperation provided by G20 26 27 28 ACWG countries. Assistance Needs (by UNODC) versus Assistance Availability per number of Countries, per UNCAC article 200 20 150 100 50 18 16 14 12 10 8 6 4 2 0 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 UNCAC article 0 Assistance Needs Countries Available for Cooperation regarding the article 26 Source: UNODC CAC/COSP/IRG/2016/13, CAC/COSP/2017/7 and QUESTIONNAIRE PROVISION OF TECHNICAL ASSISTANCE BY G20 ACWG COUNTRIES. 27 Note: UNCAC s Article 43 sets out general principles regarding the International Cooperation chapter. For that reason, it wasn t considered in UNODC s mapping of assistance needs. 28 Note: UNCAC s Article 36 concerns Specialized Authorities, which resulted in several initiatives/programs being identified as relevant for this article, despite being identified for other articles as well. 18

3.4.1. Demand X Offer The analysis of responses to questions 1 and 2 indicates that some gaps seem to be mitigated, particularly regarding the following areas: Illicit enrichment (article 20); Laundering of proceeds of crime (article 23); Statute of limitations (article 29); Freezing, seizure and confiscation (article 31); Bank secrecy (article 40); Jurisdiction (article 42); and Law enforcement cooperation (article 48). 3.4.2. Identified gaps While the areas identified above appear to reflect a balance between needs and offers, for some UNCAC articles it was not possible to identify any correspondent assistance 29. It is worth noting, however, that since some of the articles contain very specific provisions regarding legal procedures, it is possible that assistance for such matters is being provided in programs with a larger scope. No assistance was informed in relation to the following articles: Participation and attempt (Article 27); Knowledge, intent and purpose as elements of an offence (Article 28); Compensation for damage (Article 35); Criminal record (Article 41); and Transfer of sentenced persons (Article 45). As for other articles, despite the demand for assistance, the correspondent offer is still insufficient. That appears to be the case of Article 44 related to extradition. Even though article 44 is one of the articles with the highest number of reported assistance needs, only one G20 ACWG country declared to be providing cooperation specifically in this matter. Similarly, there is high demand for assistance to implement Article 47, while, according to the responses, only three G20 countries are providing cooperation in this matter specifically. 4 Conclusions The data gathered in this mapping exercise from an illustrative group of programs and initiatives shed light on important aspects relating to demand and offer of technical assistance to tackle corruption. G20 29 Considering what countries reported in response to the questionnaire. 19

ACWG countries have made remarkable efforts in developing domestic initiatives and providing technical assistance in a wide range of areas related to anti-corruption matters. Most UNCAC areas considered are covered by ongoing and/or potential technical assistance initiatives by G20 ACWG countries (Figure VIII), including the ten areas with greater demand for technical assistance according to UNODC's analysis of first cycle of review of the UNCAC. Figure IX Top 10 areas per percentage of countries with assistance needs (by UNODC) versus Assistance Possibilities per number of G20 ACWG countries Assistance Reported # Art Area Possibilities Needs (Q1 + Q2) 1 32 Protection of witnesses, experts and victims 6,7% 4 2 46 Mutual legal assistance 6,2% 10 3 44 Extradition 5,8% 1 4 50 Special investigative techniques 5,6% 7 5 48 Law enforcement cooperation 5,5% 11 6 33 Protection of reporting persons 5,1% 6 7 37 Cooperation with law enforcement authorities 4,8% 14 8 31 Freezing, seizure and confiscation 4,5% 9 9 36 Specialized authorities 4,5% 18 10 16 Bribery of foreign public officials and officials of public international organizations 4,4% 12 The responses to the questionnaire indicate that G20 ACWG countries have expertise in many of the areas where there is considerable assistance needs. The comparison of the demand side with the provision side contributes to identifying areas where there is potential to be explored in future cooperation initiatives. On the other hand, the indicated gaps - relating to those areas where there is disproportional demand for assistance (which includes Article 32 and Articles 44-50) - provide useful information that could be 20

taken into account by technical assistance providers in the development of new anti-corruption initiatives. G20 countries are among the world s biggest economies and have a vast amount of knowledge and expertise in the prevention of and fight against corruption. Enhancing the efforts aimed at sharing this valuable experience with other countries could greatly benefit those with assistance needs. 21

Appendix I QUESTIONNAIRE - PROVISION OF TECHNICAL ASSISTANCE BY G20 ACWG COUNTRIES QUESTIONNAIRE PROVISION OF TECHNICAL ASSISTANCE BY G20 ACWG COUNTRIES The 2017-2018 G20 Anti-Corruption Implementation Plan recognizes that, through provision of technical assistance 30, G20 countries can assist other countries in becoming States Party to, and effectively implementing, relevant international instruments such as the United Nations Convention Against Corruption (UNCAC). 1. If applicable, please share examples of policy/program/tool(s) that your country has implemented internally and could be shared with other countries, subject to availability of resources 31. Policy/Program/Tool name: Short description: Web link (if available): 30 Technical assistance should be understood in line with UNCAC provisions, and cover relevant programs aimed at strengthening capacities in the prevention and fight against corruption as well as both public and private sectors integrity 31 Please add as many boxes as necessary should your country wish to inform more than one example.

Appendix I QUESTIONNAIRE - PROVISION OF TECHNICAL ASSISTANCE BY G20 ACWG COUNTRIES Type(s) of assistance that may be provided 32 : Legislative assistance Institution-building Policymaking Capacity-building (training workshops etc.) Research/data-gathering and analysis Facilitation of international cooperation with other countries Others: please specify 2. If applicable, please provide information on existing technical assistance programs through which anti-corruption assistance is provided, including programs that may indirectly strengthen anti-corruption efforts (e.g., 32 For further information on each of these forms of technical assistance please refer to https://www.unodc.org/documents/treaties/uncac/workinggroups/implementationreviewgroup/20-24june2016/v1603598e.pdf

Appendix I QUESTIONNAIRE - PROVISION OF TECHNICAL ASSISTANCE BY G20 ACWG COUNTRIES justice sector reform, good governance education, combat to moneylaundering and financing of terrorism, among others) 33. TA Program name: Short description: Potential outreach: Global Regional Bilateral Multilateral Web link: Contact information (if not on web link): Institutional framework 34 : 33 Please add as many boxes as necessary should your country wish to inform on more than one program. 34 Institutional framework under which the program is undertaken (e.g, agency responsible for implementing the program, other agencies involved, legal framework, etc.).

Appendix I QUESTIONNAIRE - PROVISION OF TECHNICAL ASSISTANCE BY G20 ACWG COUNTRIES 3. Please provide examples of recent international technical assistance provided by your country as anti-corruption initiatives and/or initiatives that may have an anti-corruption dividend, including its results and the country/ies, organizations and stakeholders involved, as well as, if applicable, how donor coordination was addressed. 4. Please provide information on the main challenges and gaps regarding the provision of technical assistance for anti-corruption that your country may face or has faced recently.

Appendix I QUESTIONNAIRE - PROVISION OF TECHNICAL ASSISTANCE BY G20 ACWG COUNTRIES 5. Please indicate the current priorities for your country that interacts with the anti-corruption agenda.