Financial Crime World

Implementation of Chapter IV of UNCAC in Antigua and Barbuda

Overview

This comprehensive report examines the implementation of Chapter IV of the United Nations Convention against Corruption (UNCAC) in Antigua and Barbuda. The chapter focuses on international cooperation, including extradition, transfer of sentenced persons, transfer of criminal proceedings, mutual legal assistance, law enforcement cooperation, joint investigations, and special investigative techniques.

Key Points

Extradition

  • Extradition Act: Antigua and Barbuda has enacted an Extradition Act that allows for extradition in the absence of a specific bilateral treaty.
  • Bilateral Treaties: The country has entered into treaties with the United States and the Organization of American States.
  • Conditions for Denial: Extradition can be denied if it is believed to be motivated by reasons such as race, religion, nationality, or political opinions.
  • Mutual Legal Assistance Act: Antigua and Barbuda has a Mutual Legal Assistance in Criminal Matters Act that provides for assistance within Commonwealth countries and other foreign countries on the basis of reciprocity and dual criminality.
  • Bilateral Treaties: The country has bilateral treaties with the United States and the United Kingdom concerning mutual legal assistance.
  • Request Execution: Requests for assistance may be made directly to the Central Authority, who will transmit it for execution by the relevant national authority.

Law Enforcement Cooperation

  • Cooperation with Other Agencies: Antigua and Barbuda has provided cooperation with other law enforcement agencies in cases concerning money-laundering and corruption offences.
  • CARICOM Arrest Warrant Treaty: The country is a party to the CARICOM Arrest Warrant Treaty and has cooperated with law enforcement agencies in the region and the United Kingdom.

Successes and Good Practices

  • Memoranda of Understanding: Law enforcement agencies have entered into memoranda of understanding with foreign peer agencies to enhance cooperation in investigating offences.
  • Mutual Legal Assistance Act Exemptions: The Mutual Legal Assistance Act sets out that assistance concerning offences included in international treaties are exempted from being considered an offence of a political nature.

Challenges and Areas for Improvement

  • Using the Convention as a Basis for Extradition and Mutual Legal Assistance: Antigua and Barbuda should use the Convention as a basis for extradition and mutual legal assistance with other States parties.
  • Notifying the Secretary-General: The country should notify the Secretary-General on the central authority for mutual legal assistance and the language acceptable for receiving requests.
  • Legisating on Transfer of Criminal Proceedings: Antigua and Barbuda should legislate on transfer of criminal proceedings and consider entering into agreements on transfer of sentenced persons.
  • Expanding Special Investigative Techniques: The country should expand the type of special investigative techniques to investigate and prosecute corruption offences.

Technical Assistance Needs

  • Legislative Drafting Assistance: Antigua and Barbuda needs legislative drafting assistance to strengthen full implementation of the Convention.
  • Capacity-Building for Inter-Agency Coordination: The country requires capacity-building for inter-agency coordination concerning international cooperation.