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The main four areas of the UN Convention are: 1. Prevention 2. Criminalization 3. International cooperation, and 4. Asset recovery
Prevention The treaty recognizes that the problem of corruption goes beyond criminal conduct. Therefore, the Convention contains a broad range of measures designed for preventive action at the national level or aimed at strengthening cooperation among countries in the area of prevention with measures directed at both the public and private sectors. These include model preventive policies, such as the establishment of anticorruption bodies and enhanced transparency in the financing of election campaigns and political parties. States must endeavor to ensure that their public services are subject to safeguards that promote efficiency, transparency and recruitment based on merit.
Transparency and accountability in matters of public finance must also be promoted, and specific requirements are established for judiciary and public procurement. Preventing public corruption also requires an effort from all members of society at large. For these reasons, the Convention calls on countries to promote actively the involvement of non-governmental and community-based organizations, as well as other elements of civil society, and to raise public awareness of corruption and what can be done about it.
Criminalization The Convention requires countries to establish criminal and other offences to cover a wide range of acts of corruption, if these are not already crimes under domestic law. In some cases, states are legally obliged to establish offences; in other cases, in order to take into account differences in domestic law, they are required to consider doing so. The Convention goes beyond previous instruments of this kind, criminalizing not only basic forms of corruption such as bribery and the embezzlement of public funds, but also trading in influence and the concealment and "laundering" of the proceeds of corruption. Offences committed in support of corruption, including money-laundering and obstructing justice, are also dealt with. Convention offences also deal with the problematic areas of private-sector corruption.
International Cooperation Countries agreed to cooperate with one another in every aspect of the fight against corruption, including prevention, investigation, and the prosecution of offenders. Countries are bound by the Convention to render specific forms of mutual legal assistance in gathering and transferring evidence for use in court, to extradite offenders. Countries are also required to undertake measures which will support the tracing, freezing, seizure and confiscation of the proceeds of corruption.
Asset Recovery In a major breakthrough, countries agreed on asset-recovery, which is stated explicitly as "a fundamental principle of the Convention." This is a particularly important issue for many developing countries where high-level corruption has plundered the national wealth, and where resources are badly needed for reconstruction and the rehabilitation of societies under new governments. It is the first time that provisions are included that commit signatories to returning assets stolen and lodged overseas to their country of origin. Rules on political party funding and on private sector corruption are also included but are only optional. The UN Convention includes prohibitions on transnational bribery and the tax deductibility of bribes, as well as mandatory provisions on transparency in government procurement. It addresses mutual legal assistance, money laundering and asset recovery, where worldwide cooperation is essential.
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