Financial Crime World

Tajikistan’s Anti-Corruption Framework: An Assessment

The Organization for Economic Co-operation and Development (OECD) and the Anti-Corruption Network (ACN) have released a report evaluating Tajikistan’s legal framework and practices related to corruption prevention and control. The report identifies key areas where improvements are necessary to strengthen transparency, accountability, and the rule of law.

Recommendations for Reform

The report provides several recommendations for reform, including:

Criminalization of Bribery

  • Amend the Criminal Code to conform to international standards, including the criminalization of trading in influence.
  • Ensure that the criminal code is aligned with the United Nations Convention against Corruption (UNCAC) and other relevant international instruments.

Confiscation of Proceeds from Crime

  • Reform the confiscation regime to allow for confiscation of proceeds of corruption or property with a value equivalent to that of such proceeds.
  • Introduce asset forfeiture procedures to recover illicitly obtained assets.
  • Recognize liability of legal persons for corruption offences, with technical assistance from international organizations experienced in implementing this concept.
  • Ensure that companies and other entities are held accountable for their role in facilitating or enabling corrupt practices.

Administrative and Criminal Liability of Public Officials

  • Remove immunity from investigation and prosecution for acts of bribery from public officials.
  • Introduce measures to prevent conflicts of interest and promote transparency in the civil service.

Transparency and Accountability

  • Strengthen transparency and accountability in the civil service through regular basic training for tax and customs authorities, protection of whistleblowers, and a more efficient and effective system of asset declaration and prevention of conflict of interest.
  • Introduce measures to promote public access to information and facilitate public participation in decision-making processes.

Additional Recommendations

The report also recommends that Tajikistan:

Harmonize and Clarify Relationships between Violations

  • Harmonize and clarify relationships between violations of the Criminal Code and the Law on the Fight against Corruption.
  • Ensure consistency in the application of sanctions for corruption-related offences.

Introduce the Criminalization of Bribery of Foreign or International Public Officials

  • Introduce the criminalization of bribery of foreign or international public officials to align with international standards and best practices.

Establish a Financial Intelligence Unit

  • Establish a Financial Intelligence Unit (FIU) to combat money laundering and other financial crimes.
  • Ensure that the FIU is adequately resourced and equipped to effectively perform its functions.
  • Ensure effective measures for providing international mutual legal assistance, including extradition and asset recovery.
  • Introduce procedures for facilitating cooperation between law enforcement agencies and prosecutors’ offices across borders.