The Kingdom is celebrating the occasion of the International Anti–Corruption Day for the second time after establishing the National Anti–Corruption Commission.
The world has realized the implications of corruption on societies in all its forms, images, methods and means in the long run. It knows the magnitude of its direct and indirect threats on states both socially and economically and its security as well.
An international day was dedicated for this to be a reminder of its dangers and to emphasize the intentions and desires of the world community to uproot corruption. In addition, it aims to exchange successful experiences in fighting corruption and reduce it, as well as establishing transparent standards, creating preventive and comprehensive measures and promoting the values of integrity. Individual efforts alone cannot and will not be able to uproot its sources. No doubt that developing strategies, plans, procedures and regulations locally and globally with the cooperation of states and organizations will certainly reduce its prevalence.
Many countries, the advanced ones in particular, realize that corruption is not only an obstacle to economic development plans, but also makes a country unwelcoming and unattractive for investment, which they all compete for.
The Kingdom made initiatives decades ago to enact regulations in this regard. Indeed, these did specify corruption crimes and judgments related to it according to Islamic law (Shariah). It established supervisory bodies charged with the task of its competence.
The national strategy for the protection of integrity and anti-corruption was approved by the Cabinet decision 43 on 1/2/1428 AH. The Kingdom established the National Anti-Corruption Commission by the Cabinet decision A/65 signed 13/4/1432 AH. They aim to translate the political will of the country and the serious recommendations of the leadership to detect corruption, its reasons and resources and pursue those committing it to restore any financial gains. Its role is comprehensive and integrated with supervisory bodies. Its tasks have been extended to involve the preventive aspect as well through conducting research and studies, awareness programs and developing the procedures and regulations related to it.
It is very important that one of its tasks should be reviewing the financial statements of those working in the financial and administrative aspects in any institution. These steps are bound to establish the principles of transparency in financial transactions and make optimal use of resources and rationalization of expenditure for a better, balanced economy.
The national strategy took into account international experience and regional agreements for the protection of integrity and anti–corruption. The Kingdom has signed the United Nations Convention Against Corruption, which the UN established in 2003. This convention constitutes the legal foundations for countries’ efforts to fight corruption, promote transparency and protect integrity. A Royal decree approved this agreement, (5/B/48044) issued on 9/10/1434 AH. It contains 8 chapters with 71 articles. The binding articles include the optimum way of fighting corruption.
The first chapter consists of four articles under the title General Provisions. It demonstrates the purpose of this convention and emphasizes the States’ respect for its sovereignty and its protection.
Chapter II, entitled “preventive measures,” which includes 10 articles that stipulate preventive anti-corruption policies and practices, orders the establishment of anti-corruption bodies, ways to endorse the appointment of public officials, the creation of codes of conduct for jobs and to take the necessary steps toward public procurement and management of public finances, as well as encouraging civil society to participate in fighting corruption.
While Chapter III includes 28 articles under the title of “criminalization and law enforcement.” Those articles included bribery of foreign public officials and officials of public international organizations, embezzlement, misappropriation by a public official, trading in influence, abuse of functions , illicit enrichment, bribery in the private sector, embezzlement of property in the private sector, laundering of proceeds of crime, concealment, obstruction of justice, liability of legal persons, participation and attempt, statute of limitations, prosecution, adjudication and sanctions , freezing, seizure and confiscation, protection of witnesses, experts, victims and reporting persons amongst others.
Chapter IV is titled “international cooperation.” It includes eight articles that give this convention an international dimension because it involves important matters concerning extradition, transfer of sentenced persons, mutual legal assistance and cooperation in the field of law enforcement and joint investigations.
Chapter V, entitled “asset recovery” includes nine articles.
Chapter VI entitled “technical assistance and information exchange” includes three articles.
Chapter VII is entitled “mechanisms for implementation” and contains articles concerning a conference of the state parties to the convention and the secretariat of the conference.
Chapter VIII and the last one came under the title “final provisions” and included seven articles.
• Muhammad Al-Sharif is the p resident of the National Anti-corruption Commission
— Courtesy of Al-Eqtesadiah Arabic daily