Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698745321669.pdf (Micronesia, Federated States of)
STANDING COMMITTEE REPORT NO.

17-85 RE: C.R.

NO.

17-92/J&GO SUBJECT: ACCESSION TO THE UNITED NATIONS CONVENTION AGAINST CORRUPTION JANUARY 30, 2012 The Honorable Isaac V. Figir Speaker, Seventeenth Congress Federated States of Micronesia Third Regular Session, 2012 Dear Mr. Speaker: Your Committee on Judiciary and Governmental Operations, to which was jointly referred C.R.

No.
No.

17-92, entitled: “TO APPROVE THE ACCESSION OF THE FEDERATED STATES OF MICRONESIA TO THE UNITED NATION’S CONVENTION AGAINST CORRUPTION.”, begs leave to report as follows: The intent and purpose of the resolution are expressed in its title.
The United Nations Convention Against Corruption (UNCAC) has three primary purposes: a) To promote and strengthen measures to prevent and combat corruption more efficiently and effectively; (b) To promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption; (c) To promote integrity, accountability and proper management of public affairs and public property.
Accession to UNCAC sends a strong political statement of a government’s commitment to ensuring transparency, SCRL 17-95/CRN 17-92 STANDING COMMITTEE REPORT NO.

17-85 RE: C.R.

NO.

17-92/J&GO SUBJECT: ACCESSION TO THE UNITED NATIONS CONVENTION AGAINST CORRUPTION JANUARY 30, 2012 independence and accountability in the public sector, and to providing the necessary framework in which the private sector can also adhere to the Convention.
In this context, it promotes the country as a sound environment for foreign aid and investment, and for healthy market competition.

This will have a positive effect on maintaining or reducing the cost of products and services to the community, which will particularly assist the most vulnerable sectors of society.
Potential international partners may be more likely to invest funds in a country that has demonstrated a commitment at the national level, as well as at the regional and international levels, to ensuring transparency and accountability for the use of expenditure of public funds and related processes, such as the procurement of goods and services.

Stronger economic growth will in turn lead to a more efficient and effective delivery of basic services to the community.
UNCAC also specifically provides for commitments to international cooperation in order to facilitate the sharing of information and investigative services across jurisdictions.

Noting that corruption can be transnational, the international cooperation provisions are extremely important.

They are designed to ensure that States Parties cooperate to minimize bureaucratic and legal obstacles to cross-jurisdiction investigations and prosecutions.
Upon ratification or accession, State Parties take on a duty to cooperate with other jurisdictions in tackling corruption and in return, have the right to request such cooperation from other State Parties.

In particular, UNCAC requires State Parties to afford each other the widest measure of cooperation and assistance in supporting asset recovery.
The relevant provisions deal with the prevention and detection of transfers of proceeds of crime, measures for direct recovery of property, international cooperation for the purpose of recovering or confiscating property, special cooperation, the return and disposal of illicitly acquired assets and the establishment and cooperation between Financial Intelligence Units.

These provisions strengthen the ability of State Parties to trace and -2- STANDING COMMITTEE REPORT NO.

17-85 RE: C.R.

NO.
17-85 RE: C.R.

NO.

17-92/J&GO SUBJECT: ACCESSION TO THE UNITED NATIONS CONVENTION AGAINST CORRUPTION JANUARY 30, 2012 recover assets that have been removed from their jurisdiction as proceeds of crime.

We note that UNCAC also offers countries an option to streamline the international legal requirements regarding extradition for corruption-related offences, reducing the administrative burden involved in such extraditions.
We urge the Administration to take advantage of this option and, on depositing the instrument of accession, to notify the UN Secretary-General of the intention of the Federated States of Micronesia to use UNCAC as the direct legal basis for extradition, as provided for in Article 44 of the Convention, even in the absence of specific bilateral extradition treaties with other States Parties (see Article 44(6)(a)) and as a means to furthering mutual legal assistance (see Article 46(9-29)).
Your Committee has received no comments in opposition to the adoption of the resolution, and we note that a number of Pacific Island nations have already ratified or acceded to UNCAC, including the Cook Islands, Fiji, the Marshall Islands, Palau, the Solomon Islands, Vanuatu, and Papua New Guinea.

Your Committee on Judiciary and Governmental Operations would like to offer the following technical amendments to C.R.

No.

17-92: 1.

Page 1, title, delete “Nation’s” and insert “Nations” in lieu thereof.

2.
2.

Page 2, line 5, delete “Second Special” and insert 3.

“Third Regular” in lieu thereof.

Page 2, line 6, delete “2011” and insert “2012” in lieu thereof.

Your Committee on Judiciary and Governmental Operations is in accord with the intent and purpose of C.R.

No.

17-92 and recommends its adoption in the form attached hereto as C.R.

No.

17-92, C.D.1.

-3- STANDING COMMITTEE REPORT NO.

17-85 RE: C.R.

NO.
17-85 RE: C.R.

NO.

17-92/J&GO SUBJECT: ACCESSION TO THE UNITED NATIONS CONVENTION AGAINST CORRUPTION JANUARY 30, 2012 Respectfully Submitted, /s/ David W. Panuelo David W. Panuelo, chairman /s/ Bonsiano F. Nethon Bonsiano F. Nethon, vice chairman /s/ Tiwiter Aritos Tiwiter Aritos, member /s/ Isaac V. Figir Isaac V. Figir, member w/ reservations /s/ Yosiwo P. George Yosiwo P. George, member Dohsis Halbert, member Roger S. Mori, member -4-