Financial Crime World

Here is the article in markdown format:

Mali’s Struggle to Combat Corruption: Gaps in Laws and Enforcement

Bamako, Mali - Despite efforts to combat corruption, Mali still faces significant challenges in addressing this pervasive issue. According to a recent report by the Inter-Governmental Action Group against Money Laundering in West Africa (GIABA), Mali’s laws and enforcement mechanisms have important gaps that hinder the fight against corruption.

Key Issues

  • Lack of Criminalization: Certain offenses, such as bribery in the private sector and indirect corrupt behaviors, are not criminalized under Malian law.
  • Inconsistent Definition of “Public Official”: The definition of a public official is inconsistent between Malian law and the UNCAC (United Nations Convention against Corruption).

Gaps and Inconsistencies

  • Bribery in the Private Sector: Bribery of foreign public officials and officials of public international organizations is not criminalized under Malian law.
  • Restrictive Offense Definition: The offense of abuse of functions is limited to government procurement, while concealment is only punished in certain violations.
  • Inconsistent Penalties for Money Laundering (ML): Article 299 of the Malian Penal Code sets out penalties for ML, but these are different from those stipulated in Chapter III of the Anti-Money Laundering Law No. 06-066.

Recommendations

  • Review and Harmonize Laws: Review and harmonize Malian laws with international standards on combating corruption.
  • Broaden Definition of “Public Official”: Broaden the definition of “public official” to include all public servants, regardless of their level or position.
  • Strengthen Criminalization: Strengthen criminalization of certain offenses, such as bribery in the private sector and indirect corrupt behaviors.
  • Ensure Consistent Penalties for ML: Ensure consistent and effective application of penalties for ML.
  • Provide Resources and Capacity: Provide sufficient resources and capacity to enforcement agencies to combat corruption effectively.

Key Findings

  • Most offenses covered by UNCAC are criminalized under Malian law, but there are exceptions.
  • The definition of “public official” is inconsistent between Malian law and the UNCAC.
  • Criminalization of certain offenses, such as bribery in the private sector and indirect corrupt behaviors, is lacking.
  • Penalties for ML are inconsistent and not effectively applied.
  • Enforcement mechanisms lack sufficient resources and capacity to combat corruption.