IMF

IMF LOANS On 30 April 2014, after the Revolution of Dignity, in order to support the new government the International Monetary Fund approved a new stand-by loan (SBA) for Ukraine amounting USD 16.5 bn. Under this program, Ukraine received two tranches amounting USD 3.2 bn on 7 May 2014, and USD 1.3 bn on 29 August 2014. On 11 March 2015, the IMF replaces the above standby program with the new four-year program “Extended Fund Facility” (EFF). The first tranche within EFF program amounting USD 5 bn was granted to Ukraine immediately upon approval of the program  on 11 March 2015. The second tranche of USD 1.7 bn was approved by the Executive Board of the IMF on 31 July  2015. The third tranche of USD 1 bn was approved on 14 September 2016. The latest tranche of USD 1 bn was approved on 3 April 2017. Both SBA and  EFF required s Ukraine to implement comprehensive reforms in banking, budgeting, and anti-corruption spheres. All the tranches are preconditioned with a number of requirements set up in the respective memorandums of understanding between Ukraine and the IMF.

The IMF pays special attention to fulfilment of anti-corruption conditionalities, which are crucial to receive next tranches.

IMF memorandums contain anti-corruption conditionalities, which have different status and leverage, specifically:

  1. Commitment: a promise of the government to conduct a certain specific reform step.
  2. Benchmark: a promise of the government to conduct a certain specific reform step with a clearly set up deadline, which is being rigidly assessed by the IMF staff prior disbursing the next tranche.
  3. Prior action: a measure that a country agrees to take before the IMF’s Executive Board approves financing or completes a review. Prior actions ensure that the program has the necessary foundation to succeed, or is put back on track following deviations from agreed policies.

Often, the top-priority conditionalities undergo transition from the status of commitment towards the status of benchmark and then if not implemented to the status of a prior action.

IMF conducts regular review missions to Ukraine, within which IMF staff assesses the level of implementation of the reforms and sometimes updates commitments, benchmarks and prior actions.

Standarts

Corruption investigation and prosecution

  • NABU

    The National Anticorruption Bureau of Ukraine

    The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

    According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

    Public reports:

    establishment
  • NABU

    The National Anticorruption Bureau of Ukraine

    The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

    According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

    Public reports:

    director and staff selection
  • NABU

    The National Anticorruption Bureau of Ukraine

    The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

    According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

    Public reports:

    separate funding and high salaries for its staff
  • NABU

    The National Anticorruption Bureau of Ukraine

    The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

    According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

    Public reports:

    external audit
  • NABU

    The National Anticorruption Bureau of Ukraine

    The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

    According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

    Public reports:

    exclusive jurisdiction
  • NABU

    The National Anticorruption Bureau of Ukraine

    The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

    According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

    Public reports:

    wiretapping powers
  • Illicit enrichment criminalization
  • NABU

    The National Anticorruption Bureau of Ukraine

    The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

    According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

    Public reports:

    public statistics and reports
  • NABU

    The National Anticorruption Bureau of Ukraine

    The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

    According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

    Public reports:

    access to information
  • SAPO

    The Specialised Anticorruption Prosecutor's Office

    SAPO is the department of the Prosecutor General’s Office of Ukraine, which has special guarantees of independence, created to oversee activities of NABU. SAPO performs procedural guidance in NABU investigations, represents public prosecution in courts, and has the right to appeal to the courts with civil, commercial, and administrative claims in the public interest. Creation of SAPO is one of the basic guarantees of NABU independence and efficiency. According to Criminal Procedure Code of Ukraine procedural guidance include the following rights and obligations:

    1) start pre-trial investigation;

    2) have full access to materials, documents, and other details related to pre-trial investigation;

    3) assign pre-trial investigation agency to conduct pre-trial investigation;

    4) assign investigator, pre-trial investigation agency to conduct within a time limit set by the public prosecutor, investigatory (detective) actions, covert investigatory (detective) actions or other procedural actions, or give instructions in respect of conducting such actions, or participate in them, and where necessary, conduct investigatory (search) and procedural actions;

    5) assign the conduct of investigatory (search) actions, covert investigatory (search) actions to the relevant operational units;

    6) institute audits and examinations in accordance with the procedure established by law;

    7) overturn illegitimate and ungrounded rulings of investigators;

    8) initiate with the head of the pre-trial investigative agency the issue of suspending the investigator from pre-trial investigation and appointment of another investigator;

    9) take procedural decisions, including with regard to termination of criminal proceedings and to extending the time limits for the pre-trial investigation;

    10) support or refuse to support the motions of investigator addressed to investigating judge on the conduct of investigatory (search) actions, covert investigatory (search) actions, other procedural actions in cases specified by the present Code or individually submit such motions to the investigating judge;

    11) notify the individual of suspicion;

    12) enter civil action for the Government and those individuals who are unable to defend their rights;

    13) approve or refuse to approve the indictment, submissions on the application of measures of medical or educational nature, modify an indictment drawn up by the investigator or submission above, draw up himself indictments or motions concerned;

    14) refer to court an indictment, request to enforce measures of medical nature, request to enforce compulsory medical or educational measures, or request to discharge an individual from criminal liability;

    15) prosecute on behalf of the State in court, resign from supporting public prosecution, alter the accusation or lay additional accusation according to the procedure;

    16) coordinate requests for international legal assistance or referral of criminal proceedings made by pre-trial investigation authority, or independently file such motion;

    17) commission a pre-trial investigation authority to respond to a request (commission) for international legal assistance or criminal referral made by a competent authority of a foreign state, verify the completeness or legitimacy of procedural actions and also the completeness, comprehensiveness and objectiveness of investigation under the referred criminal proceeding;

    18) verify the documents concerning surrendering a person (extradition) provided by a pre-trial investigation authority prior to referring them to a higher level prosecutor, and return these documents to an appropriate authority with written comments, if these documents are unjustified or fail to meet the requirements of international treaties to which the Verkhovna Rada of Ukraine consented to be bound or laws of Ukraine;

    19) commission pre-trial investigation authorities with search and apprehension of those individuals who committed a criminal offense outside Ukraine, and carry out specific procedural actions to surrender (extradite) a person at the request made by a competent authority of a foreign state.

    establishment
  • SAPO

    The Specialised Anticorruption Prosecutor's Office

    SAPO is the department of the Prosecutor General’s Office of Ukraine, which has special guarantees of independence, created to oversee activities of NABU. SAPO performs procedural guidance in NABU investigations, represents public prosecution in courts, and has the right to appeal to the courts with civil, commercial, and administrative claims in the public interest. Creation of SAPO is one of the basic guarantees of NABU independence and efficiency. According to Criminal Procedure Code of Ukraine procedural guidance include the following rights and obligations:

    1) start pre-trial investigation;

    2) have full access to materials, documents, and other details related to pre-trial investigation;

    3) assign pre-trial investigation agency to conduct pre-trial investigation;

    4) assign investigator, pre-trial investigation agency to conduct within a time limit set by the public prosecutor, investigatory (detective) actions, covert investigatory (detective) actions or other procedural actions, or give instructions in respect of conducting such actions, or participate in them, and where necessary, conduct investigatory (search) and procedural actions;

    5) assign the conduct of investigatory (search) actions, covert investigatory (search) actions to the relevant operational units;

    6) institute audits and examinations in accordance with the procedure established by law;

    7) overturn illegitimate and ungrounded rulings of investigators;

    8) initiate with the head of the pre-trial investigative agency the issue of suspending the investigator from pre-trial investigation and appointment of another investigator;

    9) take procedural decisions, including with regard to termination of criminal proceedings and to extending the time limits for the pre-trial investigation;

    10) support or refuse to support the motions of investigator addressed to investigating judge on the conduct of investigatory (search) actions, covert investigatory (search) actions, other procedural actions in cases specified by the present Code or individually submit such motions to the investigating judge;

    11) notify the individual of suspicion;

    12) enter civil action for the Government and those individuals who are unable to defend their rights;

    13) approve or refuse to approve the indictment, submissions on the application of measures of medical or educational nature, modify an indictment drawn up by the investigator or submission above, draw up himself indictments or motions concerned;

    14) refer to court an indictment, request to enforce measures of medical nature, request to enforce compulsory medical or educational measures, or request to discharge an individual from criminal liability;

    15) prosecute on behalf of the State in court, resign from supporting public prosecution, alter the accusation or lay additional accusation according to the procedure;

    16) coordinate requests for international legal assistance or referral of criminal proceedings made by pre-trial investigation authority, or independently file such motion;

    17) commission a pre-trial investigation authority to respond to a request (commission) for international legal assistance or criminal referral made by a competent authority of a foreign state, verify the completeness or legitimacy of procedural actions and also the completeness, comprehensiveness and objectiveness of investigation under the referred criminal proceeding;

    18) verify the documents concerning surrendering a person (extradition) provided by a pre-trial investigation authority prior to referring them to a higher level prosecutor, and return these documents to an appropriate authority with written comments, if these documents are unjustified or fail to meet the requirements of international treaties to which the Verkhovna Rada of Ukraine consented to be bound or laws of Ukraine;

    19) commission pre-trial investigation authorities with search and apprehension of those individuals who committed a criminal offense outside Ukraine, and carry out specific procedural actions to surrender (extradite) a person at the request made by a competent authority of a foreign state.

    head selection
  • Anticorruption court

    Anticorruption Court

    In order to complete building of the effective system of fight against high profile corruption and ensure effective operation of NABU and SAPO, establishment of independent anticorruption courts is crucial. Anticorruption courts should have exclusive jurisdiction over the corruption crimes of top officials. Special procedure of selection of judges, separate budgeting, and exclusive appellate procedures should guarantee independence and high level of expertise of these courts.

    establishment
  • Anticorruption court

    Anticorruption Court

    In order to complete building of the effective system of fight against high profile corruption and ensure effective operation of NABU and SAPO, establishment of independent anticorruption courts is crucial. Anticorruption courts should have exclusive jurisdiction over the corruption crimes of top officials. Special procedure of selection of judges, separate budgeting, and exclusive appellate procedures should guarantee independence and high level of expertise of these courts.

    judges selection
  • NABU

    The National Anticorruption Bureau of Ukraine

    The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

    According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

    Public reports:

    -
    FIU

    The Financial Intelligence Unit

    Ukrainian Financial Intelligence Unit (FIU, official name: the State Financial Monitoring Service of Ukraine) is the state authority, coordinated by the Cabinet of Ministers of Ukraine. FIU is carrying out an analysis of information about suspicious financial transactions which they receive from financial institutions according to the law. FIU is cooperating with the state authorities, the National Bank of Ukraine, competent international authorities (FIUs of other countries) in terms of counteracting legalization of funds and terrorist financing. It is the main authority of the country responsible for blocking any suspicious/fraudulent financial activity of any entity with further reporting to the law enforcement agencies.

    cooperation
  • Public statistics on
    NABU

    The National Anticorruption Bureau of Ukraine

    The National Anticorruption Bureau of Ukraine is the law enforcement agency that has exclusive authority to investigate corruption offences of top officials. The reason for setting it up was to remove political influence on the investigation of high-profile corruption. NABU performs investigation under procedural guidance of prosecutors of the Specialised Anticorruption Prosecutor’s Office (SAPO). Cases of NABU are considered by courts of general jurisdiction until the system of specialised anticorruption courts is created.

    According to the law there are no more than 700 NABU detectives of which more than 200 people are senior officers. Also three regional departments of NABU should be created. Annual budget: 480 million UAH (2016)

    Public reports:

    -
    FIU

    The Financial Intelligence Unit

    Ukrainian Financial Intelligence Unit (FIU, official name: the State Financial Monitoring Service of Ukraine) is the state authority, coordinated by the Cabinet of Ministers of Ukraine. FIU is carrying out an analysis of information about suspicious financial transactions which they receive from financial institutions according to the law. FIU is cooperating with the state authorities, the National Bank of Ukraine, competent international authorities (FIUs of other countries) in terms of counteracting legalization of funds and terrorist financing. It is the main authority of the country responsible for blocking any suspicious/fraudulent financial activity of any entity with further reporting to the law enforcement agencies.

    cooperation
  • Strengthening AML framework
  • National PEPs identification
  • Three-tier reporting system
and more

Access to information

  • E-data (public expenditure)
  • Verification of beneficial ownership
  • Beneficial ownership registry
  • Land cadastre
  • Immovable property registry
  • Companies registry
and more

Asset recovery

  • Assets
    Seizure and confiscation

    Ukrainian legislation allowed only the seizure of assets belonging to suspect or convict, and did not allow to seize property owned by the third parties. Due to this, during the criminal proceedings the assets either were not seized at all or the seizure was made at the later stage of investigation when the property could have been lost already. Similar situation existed with regard to assets confiscation: it was possible to confiscate only those assets owned by the person who committed the crime.

  • ARMA

    The National Agency for the Detection, Tracing and Management of Assets Derived from Corruption and Other Crimes

    The National Agency for the Detection, Tracing and Management of Assets Derived from Corruption and Other Crimes (ARMA) is the special executive body that ensures detection and tracing of assets which can be seized in criminal proceedings, and/or management of assets which are seized or confiscated in criminal proceedings. Before 2016, there was no system of effective detection, tracing and management of criminal assets in Ukraine. As a result, criminal assets were not seized or were improperly maintained during the investigation, or sold at a lower price after the confiscation.

    Establishment of the Agency is aimed at taking a burden off the law enforcement agencies and making the process of detection, tracing and managing criminal assets more transparent, effective and accountable.

    establishment
and more

Corruption Prevention

  • NACP

    The National Agency for Corruption Prevention

    The National Agency for Corruption Prevention is the central executive authority of Ukraine with the special status, responsible for development and implementation of the national anticorruption policy. NACP is tasked to administer the registry of electronic asset declarations, clarify subject legislation, verify e-declarations, enforce administrative penalties for failure or late submission of e-declarations and declaring false information. In addition, the NACP has the following responsibilities:

    1. analysis of state of corruption, development of anticorruption policies and strategies;
    2. prevention and settlement of conflict of interests;
    3. monitoring of political parties finances;
    4. cooperation with corruption whistleblowers.
    establishment
  • E-declarations

    Electronic asset declarations of individuals performing public functions are designed to establish transparent mechanism for monitoring income and fortune of civil servants. Previous declaration mechanism was ineffective because of limited access to declarations, lack of mechanisms of control over their submission and verification of the information indicated, as well as lack of penalties for illicit enrichment and false statements.

    The list of persons obliged to submit e-declarations is defined in Art.3 of the Law On Corruption Prevention. The scope of information to be disclosed is established by Art.46 of the same Law: http://zakon2.rada.gov.ua/laws/show/1700-18/conv/print1443182583583872

    registry
  • E-declarations

    Electronic asset declarations of individuals performing public functions are designed to establish transparent mechanism for monitoring income and fortune of civil servants. Previous declaration mechanism was ineffective because of limited access to declarations, lack of mechanisms of control over their submission and verification of the information indicated, as well as lack of penalties for illicit enrichment and false statements.

    The list of persons obliged to submit e-declarations is defined in Art.3 of the Law On Corruption Prevention. The scope of information to be disclosed is established by Art.46 of the same Law: http://zakon2.rada.gov.ua/laws/show/1700-18/conv/print1443182583583872

    verification
  • Beneficial ownership in
    E-declarations

    Electronic asset declarations of individuals performing public functions are designed to establish transparent mechanism for monitoring income and fortune of civil servants. Previous declaration mechanism was ineffective because of limited access to declarations, lack of mechanisms of control over their submission and verification of the information indicated, as well as lack of penalties for illicit enrichment and false statements.

    The list of persons obliged to submit e-declarations is defined in Art.3 of the Law On Corruption Prevention. The scope of information to be disclosed is established by Art.46 of the same Law: http://zakon2.rada.gov.ua/laws/show/1700-18/conv/print1443182583583872

  • Conflict of interests

    Conflict of interests is individual’s private interest in the area where they perform representative office or powers that can influence the objectivity or impartiality of their decisions, or cause committing or non-committing acts during the execution of powers.

    The law defines real and potential conflict of interests. Potential conflict of interest is the private interest that may affect further decisions or actions. Real conflict of interest is the private interest that have already affected decisions or actions.

    verification
  • Political parties finances

    Transparent funding of political parties is aimed at preventing political corruption, ensuring accountability of political parties, creating conditions for fair political competition, and reducing dependence of political parties on individuals or oligarchic groups.

  • Sanctions for false statements in
    E-declarations

    Electronic asset declarations of individuals performing public functions are designed to establish transparent mechanism for monitoring income and fortune of civil servants. Previous declaration mechanism was ineffective because of limited access to declarations, lack of mechanisms of control over their submission and verification of the information indicated, as well as lack of penalties for illicit enrichment and false statements.

    The list of persons obliged to submit e-declarations is defined in Art.3 of the Law On Corruption Prevention. The scope of information to be disclosed is established by Art.46 of the same Law: http://zakon2.rada.gov.ua/laws/show/1700-18/conv/print1443182583583872

and more

Public procurement

  • Transparent public procurement

    In Ukraine, public procurement used to be an area of high corruption risk. Each year, millions of dollars were siphoned off the state budget. Effective and transparent procurements are designed to save money for the state budget and create a healthy business environment.

  • Outsourcing of
    Medicines procurement

and more

Documents

"By end-April 2017, the President, Parliament, and the Cabinet of Ministers will each nominate one expert for the commission of external control, in line with Article 26.6 of the NABU Law. The commission will approve the terms of reference for the annual external audit of NABU by end-June 2017, in agreement with IMF staff. Based on the analysis conducted by the auditors, the audit report will include clear and prioritized recommendations for improvements of the bureau’s operations, in line with international best practices. In case auditors unanimously conclude that the criteria referred to in Article 6.4.11 of the NABU Law are met, they will include a detailed rationale and recommendation in their report. The audit report will be finalized by end-October 2017 and appended to the subsequent NABU bi-annual report." para 26.b.
Full doc
"Parliamentary approval of legislation ensuring that the NABU has: (i) the use of a wide range of investigative techniques, including undercover operations, intercepting communications, accessing computer systems and controlled delivery, without having to rely on other agencies’ infrastructure; and that (ii) the registration of pre-court cases and of investigative judges’ rulings pertaining to NABU should be protected from leakage of information related to ongoing investigations, by restricting access to the information to NABU and SAPO officers until the investigation of the case is completed, or the case is closed" Table2
Full doc
“To ensure that prosecution of acts of corruption by senior officials receives a specialized and prioritized judicial response, we will operationalize the anticorruption court established by the June 2016 Law on the Judiciary, consistent with the European Convention of Human Rights and other standards of the Council of Europe.To this end, by mid April 2017 we will submit relevant legislation to parliament, and we expect this legislation to be adopted by parliament by mid-June 2017 . This legislation will include provisions to ensure budgetary autonomy and adequate security of the anticorruption judiciary framework and establish the selection process for anticorruption judges” (structural benchmark) para 26
Full doc
Building upon the experience with NABU and SAP, it is critical that the selection process is seen as independent and trustworthy by the public. In line with Article 33.2 of the Law on the Judiciary, specific requirements will be introduced in the proposed legislation to ensure that applicants to the position of anticorruption judges are not only of impeccable reputation, and have high professional qualities, but also possess relevant specific skills necessary to adjudicate criminal cases related to corruption. In this regard, the legislation will set out the procedure, including tests and tasks, for the assessment of the specific professional skills of applicants, which will be based on a transparent evaluation of candidates by the High Qualification Commission of Judges with the support from respected experts with recognized ethical standards and experience in anticorruption prosecution or adjudication, including potential engagement of experts with relevant experience in other countries. This procedure should be in line with the Ukrainian Constitution and the standards of the Council of Europe. The assessment of high integrity and ethical standards shall be conducted with the participation of the Civic Integrity Council as provided by the Law on the Judiciary. In line with Article 81 of the Law on the Judiciary, this selection process will ensure that for each available position, an applicant of impeccable reputation, relevant specific skills, and high professional qualities is timely selected by the High Qualification Commission of Judges, and presented by the High Council of Justice to the President of Ukraine for appointment by mid-January 2018 (benchmark).
Full doc
"In the context of amendments to the AML legal framework, we will also ensure, in agreement with Fund staff, that the definition of the persons related to PEPs is consistent with the risk-based approach encouraged by the FATF standard, and that proportionate and dissuasive sanctions can be implemented by the NBU in case of breaches of compliance with the AML framework.” para 26
Full doc
“ In particular, we will adopt amendments to the legal framework to ensure a three-tier reporting system: (i) suspicious transaction reports as defined by the FATF, (ii) threshold-based reporting of cash transactions and international funds transfers, and (iii) mandatory reporting of transactions related to high-risk jurisdictions and politically exposed persons, and we will strengthen the operational capacity and integrity of the Financial Intelligence Unit (FIU). " para 26
Full doc
“We will submit legislation to parliament, for adoption by end-November 2016 (a new structural benchmark) to ensure that (i) the NABU has the use of a wide range of investigative techniques, including undercover operations, intercepting communications, accessing computer systems and controlled delivery, without having to rely on other agencies’ infrastructure” para 36
Full doc
“The National Anti-Corruption Bureau (NABU) will publish on a website freely available to the public quarterly data, no later than at the end of the month following the quarter, on the number of persons indicted, the number of persons convicted by a first instance court decision, and the number of persons convicted pursuant a final court decision” para 96
Full doc
“We will also ensure that the NAB is fully operational by end-January 2016 (structuralbenchmark). In this regard, steps will be taken to ensure: Allocation of necessary infrastructure (e.g., hardware; software; access to administrative, law enforcement, and commercial databases; vehicles; special tools; investigative material),supported by the appropriate budgetary allocation if necessary
Full doc
“Agreement on technical details to ensure NAB’s direct electronic access to administrativeand law enforcement databases it deems relevant for its activities, particularly from the Ministries of Interior and Justice, and from the tax and customs administrations.”
Full doc
“ We will ensure the establishment of a specialized anti-corruption prosecution function in charge of overseeing NAB’s investigations, in accordance with the Law on the Prosecutor’s office and enable NAB to timely access relevant information from other public institutions by end-September 2015 (structural benchmark)” para 29
Full doc
“Appointment of the head of the anti-corruption prosecutors and allocation of appropriate premises to the anti-corruption prosecutor’s office. To ensure a timely, fair, and balanced appointment process, we will make the following amendments to the Law on Prosecutor Office: At least five members of the Selection Committee for the head of the Anti-Corruption Prosecutor Office and his/her deputies will be nominated by a decision of parliament, in order to eliminate the risks of challenging the results of the selection. These persons will be of impeccable reputation, high professional and moral qualities, and authority in the society; As an interim measure, until the qualification commission for prosecutors is established, no more than five members of the above-mentioned Selection Committee will be nominated by the general prosecutor;  The Selection Committee will be chaired by a widely recognized and well-respected expert with rich experience in the prosecution of corruption, elected by parliament as an additional member of the committee;  The committee will submit one candidate for each of the three positions (head and two deputies) to the general prosecutor;  There will be no amendments to the Law on Prosecutor Office concerning the selection procedure for the head of the Anti-Corruption Prosecutor Office and his/her deputies, other anti-corruption prosecutors, and non-prosecutorial staff, other than the ones specified above, unless otherwise agreed with the IMF.(structural benchmark)” para 29
Full doc
Shortcomings in the selection process for the leadership of the anti-corruption prosecution office such as the lack of objective track-record criteria for the nomination of the members of the selection committee and the candidates, highlighted the need for the relevant legal and institutional framework to be further improved in order to fully ensure the office's independence and integrity. To this end, the selection, appointment and dismissal procedures for the office’s leadership and staff must follow stricter independence and integrity safeguards.
Full doc
“Implement asset disclosure requirements for high-level officials. By end-December 2015, the Ministry of Justice will ensure that applicants and newly appointed officials to high-level positions under the NAB’s jurisdiction file their asset disclosures electronically. The disclosures will be directly and freely available to the public on a single website shortly after the submission. In line with legislation, all high-level officials will report their assets electronically by end-April 2016” (сommitment) para 29
Full doc
“Institutional and operational independence from any external influence will be guaranteed and realized, in particular, through appropriate procedures for appointment; term limits and dismissal of the head of the agency; the power to recruit and dismiss its own staff”
Full doc
“Institutional and operational independence from any external influence will be guaranteed and realized, in particular, through….special procedures for budgetary allocations; and competitive remuneration for the head and staff of the agency.”
Full doc
“External Oversight. Provision for an independent external oversight process that willentail an annual published report on the NAB’s operational performance, independenceand institutional conditions. The report will focus on general issues and will notcomment on specific, ongoing cases. The oversight will be conducted by a panel ofrespected experts with international experience in the work of specialized anti-corruption investigative agencies. The Law will ensure that panelists: (1) have recognized ethical standards and experience in anti-corruption investigations in other countries that can bring to bear their international experience; (2) act independently and are not subject to instructions from any source; and (3) have the ability to obtain from the NAB any information on investigations, if relevant for the performance of its functions and without interfering in the conduct of investigations in progress (prior action)” para 32
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““Proper arrangements will be put in place to facilitate the cooperation between the NBU, the FIU, and the NAB. The latter should include implementation of procedures requiring the FIU to report financial institutions’ potential breaches of compliance with AML/CFT requirements to the NBU, and for the NBU to report to the FIU suspicious transactions which have not been reported by financial institutions when it discovers them in the course of inspections. It should also include measures by the NAB and the FIU to formalize and facilitate their cooperation, in particular to ensure that the FIU disseminates information and the results of its analysis to the NAB when there are grounds to suspect corruption offenses or related money laundering offenses, and that the NAB is able to request all relevant information held by the FIU (in line with the Financial Action Task Force (FATF) standard).”(structural benchmark) ” para 32
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“An electronic mechanism will be agreed between the NAB and the financial intelligence unit (FIU) to enable the FIU to promptly respond to NAB’s information requests. In cases when the FIU deems dissemination of information from its databases inappropriate, it will provide justification to the NAB.”
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“The Law will empower the NAB to obtain all relevant information to perform its functions, from public authorities and private persons, including information covered by banking secrecy, without restriction or court order requirement. (prior action) ” para 32
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“By end-March 2015, the relevant legal framework will be revised to ensure that asset disclosures for the high-level officials subject to NAB’s jurisdiction include information on beneficial ownership and control of any funds or other assets (as defined by the FATF), and that the NAB can use its powers to ensure the reliability of these assets disclosures at any point in time.” para 32
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“The Financial Intelligence Unit (FIU) will assist financial institutions and other reporting entities in identifying domestic PEPs (in particular, by issuing relevant guidance and conducting training events). (structural benchmark)” para 32
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“To guarantee the professional integrity of staff, the NAB Law ...will ensure that applicants and holders of positions at the NAB consent to having thorough background checks performed (criminal records, analysis of disclosures of assets beneficially owned and of potential conflicts of interests) beyond those required for all public servants”.
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“Submit to Parliament by September 1, 2014 (structural benchmark) and adopt by end October, 2014 (structural benchmark) enabling legislation for the establishment of an independent anti-corruption agency with broad investigative powers...In particular, we will ensure that the agency will be: (i) operationally and institutionally independent from any external influence guaranteed and realized; (ii) accountable and transparent; (iii) adequately resourced in terms of budget, staffing and expertise; and (iv) able to obtain all relevant information domestically and to engage in international cooperation with regard to its area of competency.” par.24
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“Submit to Parliament by September 1, 2014 (structural benchmark) and adopt by end-October, 2014 (structural benchmark) amendments to the AML law and the criminal code that will introduce key elements of the FATF standard to support the government’s anti-corruption effort” para 24
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“Strengthen our AML framework. In this respect, relevant laws, will be revised in line with international standards by end-September 2014, in consultation with IMF staff as needed, to ensure that: (i) banks are required to conduct enhanced due diligence on business relationships with domestic politically exposed persons; (ii) the laundering of the proceeds of tax crimes is criminalized; and (iii) financial secrecy laws do not inhibit AML implementation.” para 26
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