UNITED NATIONS OFFICE ON DRUGS AND CRIME (UNODC)

 

SUMMARY

The United Nations Office on Drugs and Crime (UNODC) is a global leader in the struggle against illicit drugs and international crime, and the lead United Nations entity for delivering legal and technical assistance to prevent terrorism. UNODC mobilizes and promotes regional and transnational cooperation to confront the growing threat to security posed by the convergence of organized crime, drug trafficking, corruption and terrorism. UNODC strengthens the rule of law and institutions of justice in order to improve crime prevention and build safer, more secure societies in which people can live without fear and work towards a more prosperous future for themselves and their families. In order to achieve this, UNODC carries out a broad range of initiatives, including alternative development projects, illicit crop monitoring and anti-money laundering programmes.

GUIDING PRINCIPLES

UNODC has developed the practical Guide and best practice on the steps companies may take to establish an effective anti-corruption, ethics and compliance programme. The following are some guidelines checklist that can serve as best practices in preventing corruption by companies in their respective organizations.

1. Risk Assessment
It would assist companies to report on their risk assessment activities to:

  • Describe risk assessment procedures (e.g. how often it is carried out, who is in charge, which parts of the company are covered, how results are dealt with) and
  • Describe the business units and subsidiaries for which a risk assessment has been undertaken.

2. The “tone from the top”
The support and commitment of senior management, also referred to as “tone from the top”, is an essential determinant of the organizational culture.

3. Developing an anti-corruption programme

4. Oversight of the Anti-Corruption Programme

5. Clear, visible and accessible policy prohibiting corruption
In order to provide a clear, visible and accessible anti-corruption policy, companies may wish to consider the following aspects:

  • The policy should be formally documented
  • The language of the policy should be clear and easy to understand
  • The policy should be visible to all parties within and outside the company
  • The policy should be further supported by real-world examples or generic case descriptions to enhance the understanding of how these policies apply to day-to-day work situations

6. Facilitation Payments

7. Special types of expenditures
When addressing the various manifestations of corruption, companies will find that some legitimate business activities may be misused to disguise a bribe or as trading in influence. This typically relates to expenditures of the following three types:

  • Gifts, hospitality, travel, and entertainment
  • Political contributions
  • Charitable contributions and sponsorships

8. Conflicts of interest

9. Application of the anti – corruption programme to business partners
While engaging with business partners is a necessity for doing business, it may also present a considerable risk for companies with respect to corruption. Companies that engage with business partners having lower anti-corruption standards may face the risk of corruption inquiries or even be held accountable for the inappropriate behaviour of their partners.

10. Public reporting on internal controls and record keeping

11. Communication and training
Companies that establish an anti-corruption programme must not only ensure that their employees and relevant business partners are aware of their policies and procedures, but also that they have the necessary information and skills to identify and counter corruption-related challenges.

12. Assessing ethics and compliance
Incentives for ethical and compliance-driven behaviour should be integrated into these human resources policies and performance evaluation processes. For this, performance targets concerning compliance and ethical behaviour need to be established.

13. Reporting violations
The reporting of violations often referred to as whistle-blowing can be defined as the disclosure of information about actual or perceived corruption in the company to individuals or bodies believed to be able to effect action. Violations can be reported directly to superiors or to the company’s compliance department.

14. Evaluations criteria
Once a comprehensive review of the anti-corruption programme has been conducted by using the various sources of information, companies can evaluate the programme’s performance to identify potential needs for modifications. A comprehensive evaluation may be accomplished by assessing the following three major criteria:

  • Effectiveness 

Refers to the extent to which the anti-corruption policies and procedures have contributed to the programmes specific objectives, for instance the minimization of risks of facilitation payments.

  • Efficiency 

Refers to minimizing the costs of the anti-corruption programme, while ensuring the benefits of the anti-corruption policies and procedures, including lower legal, commercial and reputational risks.

  • Sustainability 

Refers to the extent to which the anti-corruption policies and procedures and their related results help to minimize the risk of corruption in the long run.

CASE STUDIES

CASE 1 : ING. LADISLAV GAL

Background

On February 28, 2006, in the main proceedings, the Senate Pezinok special court, branch Banska Bystrica, in the name of the Slovak Republic, doc. BB-3 TS 8/2005, in which the Court has ruled that the defendant Ing. Ladislav gal, born 13 December 1953 is guilty.

The Offence

On May 9, 2005, in Trnava, the functions of the District Land Office in Trnava, Defendant requested from Miroslav Sýkora, through a middleman who has not been named, a boost in the number 10, -Sk per m2 of land with an area of 265.903m2, in a total of 2,659.030 , in return for issuing decisions under its powers, to change the type of land use from agricultural to building for the planned construction of an industrial park in the village Šoporňa and later, on May 27, 2005 after the initial request, receive encouragement 1,500,000, from Miroslav Sýkora.

Penalties

Imprisonment for a total of seven (7) years.

Key Takeaways
  • Offender

The person sentenced in 2006 was a university educated, 53 year old male with a permanent address in Galanta, Slovak Republic, married, well financially situated, performing the function of Head of Regional Land Office in Trnava, into which he was nominated by the Government of the Slovak Republic as a member of the political party of the governing coalition.

  • Committed crime

Committed crimes are classified into the third section – corruption, third head -crimes against public order of the Criminal Law. The offender committed the criminal act of receiving an inducement and another benefit inappropriate in relation to a tender of general interest, which means deciding the role of a state body, and he acted in the position of a public person as he was the Director of the Regional Land Office.

  • General prevention

By successful implementation and conclusion of this case, the trust by society in the police, procurator and Special Court increased, showing that there are institutions which are able to solve this type of crime. The reaction to this was that the citizens started to come forward with more reports of various acts of corruption in society and demanded cooperation with the police for proving these. Since the above mentioned time, the culture for refusal of corruption is generally supported and Slovakia has started a successful journey in the fight against corruption.

Refer the link below for more readings:

TOP

Visitor Statistic


Today
48
Yesterday
54
Week
102
Month
1095

All
3427706