Financial Crime World

Tuvalu Commits to Strengthening Anti-Corruption Efforts

Tuvalu, a small island nation in the Pacific, has recognized the need to strengthen its anti-corruption efforts and is seeking technical assistance to combat corruption and improve its implementation of the United Nations Convention against Corruption (UNCAC).

Areas Requiring Technical Assistance

According to a report submitted by Tuvalu to the UNCAC Implementation Review Group, the country has identified several areas where it needs technical assistance:

  • Model legislation: drafting or advisory support to the Attorney-General’s Office and main stakeholders
  • Civil society: capacity building for its law enforcement authorities to strengthen their ability to detect money laundering
  • Extradition procedures: simplifying and streamlining extradition procedures
  • Mutual legal assistance in criminal matters: improving laws on mutual legal assistance

Extradition Law Review Needed

Tuvalu’s Extradition Act [Cap 7.24] applies to Commonwealth and treaty countries, as well as any other country certified by the Prime Minister or designated by regulation. However, no countries have been so designated to date.

The country is party to 37 extradition treaties (Schedule 3) and the London Scheme for Extradition within the Commonwealth. While it does not make extradition conditional on the existence of a treaty, Tuvalu could apply the Convention as a legal basis for extradition.

However, there are some limitations:

  • The law excludes Convention offences that have not been criminalized in Tuvalu
  • The dual criminality requirement is strictly applied for extradition cases
  • Tuvalu does not consider Convention offences as political offences

Tuvalu’s Mutual Assistance in Criminal Matters Act [Cap 7.40] applies to all foreign countries, but the country has not entered into any mutual legal assistance treaties.

The Attorney-General is the central authority for mutual legal assistance, and while there are no regulations or procedures that guide the execution of requests, Tuvalu requires dual criminality and the Attorney-General has discretion to refuse assistance where dual criminality is not met.

Capacity Building Needed

Tuvalu recognizes the need for capacity building for its law enforcement authorities to strengthen their ability to detect money laundering. The country also needs support in simplifying and streamlining extradition procedures, as well as improving its laws on mutual legal assistance in criminal matters.

The UNCAC Implementation Review Group has urged Tuvalu to take concrete steps to address these issues and improve its implementation of the Convention.

Technical Assistance Needed

Tuvalu requires technical assistance to strengthen its anti-corruption efforts. The country needs support in:

  • Developing model legislation
  • Drafting or advisory support to the Attorney-General’s Office and main stakeholders, as well as civil society
  • Capacity building for law enforcement authorities to detect money laundering
  • Simplifying and streamlining extradition procedures
  • Improving laws on mutual legal assistance in criminal matters

The UNCAC Implementation Review Group has urged Tuvalu to take concrete steps to address these issues and improve its implementation of the Convention.