Abhatoo - Centre Nationale de Documentation

How can executive agencies in developing countries implement international conventionsagainst corruption? This paper looks at the legal issues presented by the Council of Europe,United Nations and OECD conventions against corruption; as well as the choices whichexecutive agencies (such as the tax police, customs and border guard) in developing countrieshave in helping to implement these conventions. This paper reviews the potential obligationswhich these Conventions impose on executive agencies and the legal principles which shouldbe enshired in executive regulation which translates these conventions into practice. Thispaper provides a simple legal/administrative test for corruption as well as tests forcomplicity, respondeat superiour, and tests which help establish jurisdiction betweendepartments and between countries (in international corruption cases). The paper alsodiscusses mechanisms for financing anti-corruption work, the conduct of tests or probes ofcivil servant bribe-taking behaviour, and the optimal fine to apply to businesses engaging incorruption as determined under a civil law standard.