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Liechtenstein Signs Anti-Corruption, Mutual Assistance Conventions

by Ulrika Lomas, Tax-News.com, Brussels

19 November 2009

The signing of the Council of Europe Criminal Law Convention on Corruption by Liechtenstein's ambassador to the Council, Daniel Ospelt, "underscores the territory’s willingness to reorient its financial center as well as its engagement in the international fight against corruption," according to the jurisdiction's government.

The Criminal Law Convention calls for the criminalization of a wide range of forms of corruption (such as active and passive bribery of domestic, foreign, and international officials and members of parliament, as well as private bribery). The Convention also contains provisions on international mutual legal assistance relating to corruption and the laundering of proceeds from corruption.

The Convention provides for regular reviews of its implementation in signatory states by the Group of States against Corruption (GRECO). Accession to the Convention automatically entails membership in GRECO. To further improve Liechtenstein’s reputation, this membership was brought forward to January 1, 2010.

On the same occasion, Ambassador Ospelt signed the Second Additional Protocol of November 8, 2001 to the European Convention on Mutual Assistance in Criminal Matters. The Additional Protocol modernizes the Convention, which dates from the year 1959 and entered into force for Liechtenstein on January 26, 1970.

The provisions of the updated protocol are largely based on the EU Mutual Assistance Convention of May 29, 2000, and the Convention of June 19, 1990, implementing the Schengen Agreement (e.g. questioning by video and telephone conference, return of criminal goods, and cross-border observation). In both cases, the ratification process should be concluded in 2010.

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