19th Annual IBA Anti-Corruption Conference
13 Jun - 14 Jun 2023
Session information
Panel 6: Mind the gap: increasing interlinkages between international sanctions and the fight against corruption
Wednesday 14 June (0925 - 1025)
Description
The legal frameworks applicable to corruption and sanctions present some similarities, such as their extraterritorial nature, but also striking differences. There is no universal convention on sanctions comparable to the United Nations Convention Against Corruption, however, the regimes have become increasingly linked one to the other:
• In 2021, the UK adopted its global anti-corruption sanctions regime.
• Since 2022, US authorities have described sanctions as ‘the new FCPA’.
• In her 2022 State of the Union address, the European Commission president proposed including corruption in the EU human rights sanctions regime, following the path opened by the Global Magnitsky Act. The draft directive on corruption (and related joint communication) further illustrates the new role of the European Union.
Today, some argue that – given that some frozen assets were obtained through corruption – this should be a valid basis for confiscation. At the same time, the implementation of sanctions regime can lead to an increase in corruption.
The panel will explore the various aspects of this complex intermingling and assess challenges that lie ahead.
Session / Workshop Chair(s)
Nicola Bonucci | , Paris, France; Member, Anti-Corruption Committee Advisory Board |
Speakers
Jan Dunin-Wasowicz | Hughes Hubbard & Reed LLP, Washington, District of Columbia, USA |
Gretta Fenner | Basel Institute on Governance, Basel, Switzerland |
Elaine Miller | European Commission, Brussels, Belgium |
Deirdre O'Mahony | Arthur Cox , Dublin, Ireland; Secretary, Anti-Corruption Committee |