Financial Crime World

Mali’s Anti-Corruption Laws Lacking in Scope

Review Reveals Significant Gaps and Limitations

Bamako, Mali - A recent analysis of Mali’s anti-corruption laws has uncovered significant gaps and limitations in their scope, leaving the country vulnerable to corruption.

Classification of Offenses

The Malian Criminal Procedure Code (CPM) classifies offenses into three groups based on the severity of the penalty:

  • Crimes: punishable by death, imprisonment for life, or up to 20 years in prison
  • Délits (felonies): carry penalties ranging from 11 days to five years
  • Contraventions (misdemeanors): punished with a summary offense

Limitations of the CPM

However, the CPM does not criminalize all forms of corruption as defined by the United Nations Convention Against Corruption (UNCAC), which Mali ratified in 2008. Specifically:

  • Indirect corrupt behaviors are not covered
  • Bribery in the private sector is not criminalized

Overly Restrictive Offenses

Additionally, certain offenses are overly restrictive, such as:

  • Abuse of Functions: limited to government procurement
  • Concealment: can only be punished as a principal perpetrator in specific cases

International Obligations

Mali has not signed or ratified the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, despite being a member of the Organization for Economic Cooperation and Development (OECD).

Areas of Concern

The analysis highlights several areas of concern, including:

  • The lack of criminalization of bribery of foreign public officials and officials of public international organizations
  • The limited scope of the abuse of functions offense, which only applies to government procurement
  • The absence of a specific provision criminalizing illicit enrichment

Inconsistencies in Implementation

Mali’s anti-corruption laws also face inconsistencies in their implementation. For example:

  • Article 299 CPM sets penalties for money laundering that differ from those stipulated in Chapter III of the Anti-Money Laundering (AML) Law No. 06-066

Conclusion

The findings of this analysis underscore the need for Mali to strengthen its anti-corruption laws and practices to effectively combat corruption and ensure transparency and accountability in all sectors.