A/CONF. 187/9 30. There is a tenuous line between activities involving shown that there are four important components to any corruption and other organized criminal pursuits anti-corruption strategy: (a) awareness-raising and Organized criminal groups are involved in corrupt public education;(b) institution-building across all ectors judicial, legislative, executive, private, civil illegal political campaign contributions in order to society, media);(c) prevention; and(d)enforcement gain an advantageous share of a particular market. 35. a distinction should be made between the political and legal national measures to be considered in legitimate economy further strengthens that advantage combating corruption. Progressive legal measures can only be enforced effectively when a politica 31. The corruption-organized crime nexus has long been environment is established that does not tolerate recognized. Strategic corruption, or mutual corrupt behaviour and that guarantees good accommodation, between organized crime and the governance police or long-lasting strategic alliances between organized crime and local authorities like town 1. At the political level councils, political parties or entrepreneurs"are examples of the damaging influence of organized 36. Since corruption is a hidden crime, transparency crime. An airline based in Japan participated in such within general public processes is one of the most an arrangement when it paid an estimated 22. 8 million Important political needs. Public administration must yen to an organized criminal front company over a ompany over a be regarded primarily as a service to citizens and not as three-and-a-half-year period in order to ensur the exercise of power. Rules of conduct and clear rules of procedure concerning access to public works or contracting must therefore be developed and adopted 32. Because organized crime penetrates at all levels of Furthermore, a clear and simply structured public the business world. measures to combat its influence dministration eeded. so that there are few be developed at each of those levels as well opportunities to use complex administrative 33. The draft United Nations Convention against arrangements to hide corrupt behaviour. In accordance Transnational Organized Crime, in its article 4 ter(see with the principle of checks and balances, such a A/AC 254/4/Rev. 6), envisages the criminalization of system should also include a strict separation of corruption when an organized criminal group is responsibilities so that no single agency or branch is involved. The types of acts publishable under the responsible both for decisions and for their Convention will include corrupt activities involving an enforcement. Moreover, a strict separation between and international civil servant, a foreign public official,a dence of different administrative unit judge or other official of an international court. The needed in order to avoid the appropriation of key importance of addressing organized crime's positions within different institutions by corrupt perpetration of and involvement in corruption is networks. In combating high-level corruption, binding undisputed. The degree to which the draft Convention and unambiguous rules of recruitment and disciplinary should address corruption issues remains unclear, sanctions must be established. Finally, the ver, in view of the fact that such offences may be effectiveness of those measures must be ensured by included in future international instruments independent monitoring and control mechanisms such corruption as auditing. 37. In addition, an administration that is impervious to corruption also needs a civic political culture in which Il. Responses to corruption the public can critically observe official activities which in turn requires transparency in and accessibility of fiscal data concerning all public transactions A. National measures Monitoring, auditing, the oversight of independent commissions and a strengthened free press can achieve 34. Successful experiences(such as in Hong Kong those objectives. 4 The effectiveness of such Special Administrative Region(SAR)of China" have anti-corruption monitoring bodies is illustrated byA/CONF.187/9 8 30. There is a tenuous line between activities involving corruption and other organized criminal pursuits. Organized criminal groups are involved in corrupt practices, possibly in the form of extortion, bribery or illegal political campaign contributions in order to gain an advantageous share of a particular market. Laundering illegal profits for reinvestment into the legitimate economy further strengthens that advantage. 31. The corruption-organized crime nexus has long been recognized. Strategic corruption, or mutual accommodation, between organized crime and the police or long-lasting strategic alliances between organized crime and local authorities like town councils, political parties or entrepreneurs22 are examples of the damaging influence of organized crime. An airline based in Japan participated in such an arrangement when it paid an estimated 22.8 million yen to an organized criminal front company over a three-and-a-half-year period in order to ensure peaceful shareholder meetings. 32. Because organized crime penetrates at all levels of the business world, measures to combat its influence must be developed at each of those levels as well. 33. The draft United Nations Convention against Transnational Organized Crime, in its article 4 ter (see A/AC.254/4/Rev.6), envisages the criminalization of corruption when an organized criminal group is involved. The types of acts publishable under the Convention will include corrupt activities involving an international civil servant, a foreign public official, a judge or other official of an international court.23 The importance of addressing organized crime’s perpetration of and involvement in corruption is undisputed. The degree to which the draft Convention should address corruption issues remains unclear, however, in view of the fact that such offences may be included in future international instruments on corruption. III. Responses to corruption A. National measures 34. Successful experiences (such as in Hong Kong Special Administrative Region (SAR) of China4 have shown that there are four important components to any anti-corruption strategy: (a) awareness-raising and public education; (b) institution-building across all sectors (judicial, legislative, executive, private, civil society, media); (c) prevention; and (d) enforcement. 35. A distinction should be made between the political and legal national measures to be considered in combating corruption. Progressive legal measures can only be enforced effectively when a political environment is established that does not tolerate corrupt behaviour and that guarantees good governance. 1. At the political level 36. Since corruption is a hidden crime, transparency within general public processes is one of the most important political needs. Public administration must be regarded primarily as a service to citizens and not as the exercise of power. Rules of conduct and clear rules of procedure concerning access to public works or contracting must therefore be developed and adopted. Furthermore, a clear and simply structured public administration is needed, so that there are few opportunities to use complex administrative arrangements to hide corrupt behaviour. In accordance with the principle of checks and balances, such a system should also include a strict separation of responsibilities so that no single agency or branch is responsible both for decisions and for their enforcement. Moreover, a strict separation between and independence of different administrative units is needed in order to avoid the appropriation of key positions within different institutions by corrupt networks. In combating high-level corruption, binding and unambiguous rules of recruitment and disciplinary sanctions must be established. Finally, the effectiveness of those measures must be ensured by independent monitoring and control mechanisms such as auditing. 37. In addition, an administration that is impervious to corruption also needs a civic political culture in which the public can critically observe official activities, which in turn requires transparency in and accessibility of fiscal data concerning all public transactions. Monitoring, auditing, the oversight of independent commissions and a strengthened free press can achieve those objectives.24 The effectiveness of such anti-corruption monitoring bodies is illustrated by