Conventions overview
Organization of American States

Adopted: 29 March 1996
Signatories: 34 (as of 7 April 2006)
Ratifications and Accessions: 33 (as of 7 April 2006). Only 1 signatory (Barbados) has not ratified.
Entry into force: 6 March 1997
Open to: Member states of the Organisation of American States (34 states, excluding Cuba, which is an OAS member but has been excluded from participation since 1962), and possibility of accession by any other state.
Official web page: Inter-American Convention Against Corruption (OAS Convention), or click here for an update at the Transparency International's web page (in Spanish).

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The Inter-American Convention Against Corruption (OAS Convention) was the first international Anti-corruption Convention when it was adopted in 1996 by the member states of the OAS. It represents regional consensus about what states should do in the areas of prevention, criminalisation, international cooperation and asset recovery.

General structure

28 articles

Arts I,II, IV, V, VI, XII, XVII Definitions, Purposes, Scope, Jurisdiction, Acts of Corruption, Effect on State Property, Nature of the Act
Art III Preventive measures
Art VII Domestic Law, to establish criminal offences
Art VIII Transnational Bribery
Art IX Illicit Enrichment
Art X, XI Notification and Progressive Development
Art XIII, XIV, XVIII, Art XX Extradition; Assistance and Cooperation, Central Authorities, Other Agreements or Practices
Art XV, XVI Measures Regarding Property, Bank Secrecy
Art XIX, XXI, XXII - XXVIII Temporal Application, Signature,
Ratification, Accession, Reservations, Entry into Force, Denunciation, Additional Protocols, Deposit of Original Instrument

Coverage:

• Sectors covered: Public sector corruption, supply and demand sides
  
• Corruption offences covered: Wide interpretation of corruption offences, including bribery, domestic and foreign; illicit enrichment; money laundering and concealment of property. Other offences to be considered.
  
• Measures: Preventive, criminalisation and regional assistance cooperation measures, as well as provisions on recovery of assets
  
• Level of obligation: Mixture of mandatory and discretionary provisions

Monitoring arrangements

A follow-up mechanism was adopted in June 2001. On this basis, a Committee of Experts conducts technical analysis of implementation by States Parties. Questionnaire circulated to States Parties and civil society organizations and country reports made. The Committee of Experts holds review meetings on implementation, which state representatives and civil society are invited to attend. The final report published on the OAS website.

Main benefits of the Convention

• Regional agreement on importance of addressing corruption with a comprehensive framework, setting common standards.
  
• Regional cooperation framework providing improved for mutual law enforcement assistance, notably in extradition and investigations. (Arts. XIII, XIV, XVIII, Art XX)
  
• List of preventive measures including: public sector standards of conduct, and related training and enforcement mechanisms; declaration of assets; standards for systems of hiring and procurement; government revenue collection and control systems deterring corruption; denial of tax deductibility of corruption-related expenditures; whistleblower protection; oversight bodies; books and records requirements for companies as well as internal accounting control requirements; mechanisms to encourage participation of civil society. (Art. III)
  
• States cannot invoke bank secrecy as a basis for refusal to provide assistance sought by another state (Art. XVI)

Main weaknesses

• Provisions on preventive measures drafted very broadly, allowing for wide interpretation and discretionary practice
  
• Requirement of sanctions against businesses limited to provision on transnational bribery and no specific standards for sanctions
  
• Lack of mandatory requirement of nationality jurisdiction
  
• Explicit provision for reservations, though little used

Next steps

• Adoption of new national legislation to meet Convention requirements; depends on adequacy of existing legislation
  
• Reviews within follow-up mechanism

07.4.06