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Assessment of Mali’s Compliance with UNCAC and AML Laws
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I. Introduction
Mali has signed the United Nations Convention against Corruption (UNCAC) on December 9, 2003, and ratified it on April 18, 2008. The country has also enacted an Anti-Money Laundering (AML) law (No. 06-066) to combat money laundering.
II. Predicate Offenses for Money Laundering
The Malian Penal Code (CPM) defines predicate offenses as any crime or offense that allows its perpetrator to obtain assets or income. Corruption is a predicate offense under the CPM, as it covers all crimes or felonies.
Note
- Bribery of foreign public officials and officials of public international organizations is not criminalized.
- Bribery in the private sector is not fully criminalized, as it only applies to bribery between two private parties.
III. Criminalization of Corruption Offenses
Most corruption offenses covered by UNCAC are criminalized under Malian law. However, there are some exceptions:
Exceptions
- Bribery of foreign public officials and officials of public international organizations is not criminalized.
- Bribery in the private sector is not fully criminalized, as it only applies to bribery between two private parties.
The CPM punishes active corruption (promising, offering, or giving an undue advantage) and passive corruption (soliciting or accepting such an advantage). However, indirect corrupt behaviors are not covered by the law. The term “public official” in the CPM is more restrictive than the UNCAC definition.
IV. Abuse of Functions and Concealment
The abuse of functions offense under Malian law is limited to government procurement, while concealment involves active complicity or being an accomplice.
V. Table of Offenses Covered by UNCAC and Criminalized in Mali
| UNCAC Offense | Offense under Malian Law |
|---|---|
| Bribery of national public officials | Articles 120 and 122 CPM |
| Bribery of foreign public officials and officials of public international organizations | Not criminalized |
| Embezzlement, misappropriation or other diversion of property by a public official | Articles 106 and 107 CPM: Misuse of public property |
| Trading in influence | Article 121 CPM |
| Abuse of functions | Articles 110 to 111 CPM: Illegal acquisition of interests |
| Illicit enrichment | Prevention and Repression of Illicit Enrichment (PREI) law No. 14-015 |
| Bribery in the private sector | Not fully criminalized |
| Embezzlement of property in the private sector | Not criminalized |
| Laundering of the proceeds of crime | AML law No. 06-066 |
Note
There are inconsistencies between the penalties for money laundering set by article 299 CPM and those stipulated in Chapter III of the AML Law No. 06-066.
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