CP/RES. 875 (1460/05)

DATE, PLACE, AND AGENDA OF THE MEETING OF EXPERTS ON COOPERATION WITH RESPECT TO THE DENIAL OF SAFE HAVEN TO CORRUPT OFFICIALS AND THOSE WHO CORRUPT THEM, THEIR EXTRADITION, AND THE DENIAL OF ENTRY AND RECOVERY OF THE PROCEEDS OF CORRUPTION AND THEIR RETURN TO THEIR LEGITIMATE OWNERS

(Adopted at its session held on January 11, 2005)

THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,

RECALLING:

That the Meeting of States Parties to the Inter-American Convention against Corruption, held in Managua, Nicaragua, on July 8 and 9, 2004, adopted a Declaration and Plan of Action, which reiterate the commitment that “[i]n accordance with applicable national and international law, the States Parties shall deny safe haven to corrupt officials and to those who corrupt them, cooperate in their extradition, and deny the entry of the proceeds of corruption and attempt the recovery and return of such proceeds to their legitimate owners.” Similarly, paragraph 9 of the cited Plan of Action of Managua establishes that “[t]o this end they resolve to convene, in the second half of 2004, a meeting of experts to share information and experiences and to recommend shared concrete policies. In this way, the States Parties shall assist compliance with the mandate of the Fifth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-V)”;

That in the “Declaration of Nuevo León,” the Heads of State and Government:

- Expressed that “in the framework of applicable national and international law, we commit to deny safe haven to corrupt officials, to those who corrupt them, and their assets; and to cooperate in their extradition as well as in the recovery and return of the proceeds of corruption to their legitimate owners. We also commit to enhance regional mechanisms for mutual legal assistance in criminal matters and their implementation”;

- Agreed to hold a meeting of the states parties to the Inter-American Convention against Corruption, in Managua, Nicaragua, in mid-2004.

That the Fifth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-V) recommended that “[p]rior to REMJA-VI, each Member State, in conformity with its national laws and applicable international regulations, shall adopt domestic legal measures that deny safe haven to corrupt officials, to those who corrupt them, and their assets and shall exchange information on the measures they have adopted”; and

That, on the occasion of its thirty-fourth regular session, the General Assembly of the OAS:

- In the Declaration of Quito on Social Development and Democracy, and the Impact of Corruption established that “in the framework of applicable national and international law, to deny safe haven to corrupt officials, to those who corrupt them, and the proceeds of corruption; and to cooperate in their extradition as well as in the recovery and return of those proceeds of corruption to their legitimate owners and enhance regional mechanisms for mutual legal assistance in criminal matters”; and

- In resolution AG/RES. 2034 (XXXIV-O/04), “Follow-up on the Inter-American Convention against Corruption and its Program for Cooperation,” supported the holding of the Meeting of the States Parties to the Inter-American Convention against Corruption, in fulfillment of the Declaration of Nuevo León, and requested that the Permanent Council carry out appropriate follow-up of the results of the meeting,

RESOLVES:

1. To set March 28 and 29, 2005, as the dates for the Meeting of Experts on Cooperation with respect to the Denial of Safe Haven to Corrupt Officials and Those Who Corrupt Them, Their Extradition, and the Denial of Entry and Recovery of the Proceeds of Corruption and Their Return to Their Legitimate Owners within the Framework of the Inter-American Convention against Corruption (EPCICOR/doc.04/04 rev. 5, paragraph 9) and of resolution AG/RES. 2034 (XXXIV-O/04) (operative paragraph 6.c), to be held at the Organization’s headquarters in Washington, D.C., to consider the agenda appended hereto.

2. To instruct the Committee on Juridical and Political Affairs to continue the preparatory work for that meeting of experts and request that the General Secretariat, through the Department of Legal Affairs and Services, provide the necessary legal and technical support.

3. To direct that resources be assigned to the meeting of experts cited in this resolution from Subprogram 10W of the program-budget for 2005.

APPENDIX

MEETING OF EXPERTS ON COOPERATION
WITH RESPECT TO THE DENIAL OF SAFE HAVEN TO CORRUPT OFFICIALS
AND THOSE WHO CORRUPT THEM, THEIR EXTRADITION, AND THE
DENIAL OF ENTRY AND RECOVERY OF THE PROCEEDS OF CORRUPTION
AND THEIR RETURN TO THEIR LEGITIMATE OWNERS

ANNOTATED AGENDA

A. INTRODUCTION

1. Opening session

2. Election of the chair and vice chair

3. Consideration and adoption of the agenda

4. Background, developments, and challenges at the hemispheric level.
Presentation by the Technical Secretariat

5. Other international developments

B. EXCHANGE OF INFORMATION AND EXPERIENCE AMONG OAS MEMBER STATES /

1. Denial of safe haven to corrupt officials and to those who corrupt them

2. Cooperation with respect to the extradition of corrupt officials and those who corrupt them

3. Cooperation to deny safe haven to the proceeds of corruption and to recover such proceeds and return them to their legitimate owners

C. RECOMMENDATIONS OF THE MEETING

1. Denial of safe haven to corrupt officials and to those who corrupt them

2. Cooperation with respect to the extradition of corrupt officials and those who corrupt them

3. Cooperation to deny safe haven to the proceeds of corruption and to recover such proceeds and return them to their legitimate owners