UN include the adoption of measures for cooperation from civil and administrative procedures to combat corruption

"UN include the adoption of measures for cooperation from civil and administrative procedures to combat corruption

December 2, 2013 at 17:45
The Conference of States Parties ( COSP ) to the United Nations Convention against Corruption (UNCAC ) decided on Friday ( 29 ) , Panama , the States Parties to the Convention should explore mechanisms for international cooperation from civil proceedings and administration to combat corruption , especially for the exchange of information and international asset recovery.

It is the first time that the Conference reached consensus on the subject . The matter was brought to debate by the Brazilian government and presented by the Attorney General of the Union ( AGU ) , with the support of the Ministry of Foreign Affairs , Comptroller General's Office , Ministry of Justice and federal prosecutors .

Brazil has led the negotiations on this issue and had the support of Colombia , which also uses civil and administrative procedures to combat corruption . Specific bilateral negotiations with the United States , Canada , Switzerland , France , Russia and Israel were necessary for consensus to be reached .

For the director of the International Department of the Attorney General's Office , Boni de Moraes Soares , who represented the AGU Conference , the decision is the result of an intense two years Brazil has undertaken to expand international cooperation in fighting corruption . " We finally managed to convince the other states that we need to cooperate beyond the criminal proceedings , for some countries , like Brazil , have civil and administrative procedures to combat corruption which also require cooperation from other states ," he said .

Director of Integrity and International Cooperation of the CGU , Hamilton Cruz , also celebrated the new opportunities for international cooperation . " With the entry into force of the new law in Brazil civil and administrative legal liability for acts of corruption , including foreign bribery by persons , has become even more important to explore non-criminal cooperation mechanisms for sharing among countries of evidence and information and asset recovery , "he said .

With the decision , the Secretariat of COSP will ask countries to inform which civil and administrative procedures that have to fight corruption and how they can cooperate with other countries that also have such procedures . The information will be submitted to the Working Group on Asset Recovery and the Group of Experts on International Cooperation of the UNCAC . The AGU is also Brazil in both groups.

Understand the decision

Contrary to what occurs with international cooperation from criminal proceedings , the UNCAC obliges States parties not to cooperate from civil and administrative procedures to combat corruption .

Some countries , however , also combat acts of corruption through judicial proceedings of a civil nature , or even from administrative procedures . Brazil has , as such instruments , for example , prosecution of improper conduct , the administrative process and procedures for liability of legal persons for acts of corruption , instituted by Law No. 12.846/2013 .

With the UN decision , the Brazilian authorities conducting these procedures could switch to enlist the help of foreign authorities if necessary to hear witnesses , produce evidence , locate people or block and recover assets abroad . Members of the AGU , CGU , MJ , MP and other Brazilian government agencies will benefit from this decision.

The International Department is a unit of the Attorney General's Office , an agency of the AGU . "


07/12/13