Approach
The Council of Europe’s approach against corruption (AC) and anti-money laundering (AML) and Countering of Terrorist Financing (CFT) is threefold.
- Standard setting in the form of treaty law and through other "soft law" instruments (recommendations and resolutions);
- Monitoring of the compliance by those jurisdictions that have subscribed to Council of Europe’s and other global standards through its monitoring mechanisms, in particular the Group of States against Corruption (GRECO) and the Committee of Experts on the Evaluation of Anti Money Laundering Measures and the Financing of Terrorism (MONEYVAL); and
- Technical cooperation, as the last corner of the triangle, through which the Council of Europe supports the member states and nonmembers to bridge gaps in the legislative and institutional frameworks and in addressing any capacity building needs.
The technical cooperation and assistance related activities and programmes are implemented by the Economic Crime Cooperation Division.
In using standard-setting, monitoring, and technical assistance altogether, the Council of Europe as a Pan-European political organisation displays a unique added value in supporting significant reforms concerning economic crime, corruption and money laundering in many of its Members States and beyond in the neighbourhood regions.
Council of Europe presence, partnership and approach when involved in those reforms and cooperation modalities offers to the countries: access to experience and knowledge in mainstreaming their legislation in line with European acquis; sharing tools to effectively implement international standards; using the Council’s monitoring methodologies to address concerns in neighbouring regions; coordinating, supporting and hosting professional networks which promote better international co-operation in criminal matters (European Union/Council of Europe member States and other countries).
Such networks and exchange of good practices in implementing and monitoring international and European standards, have served to build capacities and create strong links among homologue practitioners, professionals and government structures that share common goals and objectives when tackling economic and organised crime and its cross-border effects.
- Criminal Law Convention on Corruption (ETS 173)
- Civil Law Convention on Corruption (ETS 174)
- Council of Europe Convention on the Manipulation of Sports Competitions (CETS 215)
- Additional Protocol to the Criminal Law Convention on Corruption (ETS 191)
- Resolution (97) 24 Concerning Twenty Guiding Principles on the fight against Corruption
- Rec(2000)10E 11 May 2000 on Codes of Conduct for Public Officials
- Rec(2003)4 of the Committee of Ministers to member states on Common Rules against Corruption in the Funding of Political parties and electoral campaigns
- Rec(2014)7 of the Committee of Ministers to member States on the protection of whistleblowers
- Rec(2017)2 of the Committee of Ministers to member States
on the legal regulation of lobbying activities in the context of public decision making - Venice Commission (with OSCE) – Guidelines on Political Party Regulation
- Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime [CETS 141]
- Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism [CETS 198]
- Recommendation on measures against the transfer and safekeeping of funds of criminal origin [Recommendation No R (80) 10]
- Council of Europe Convention on the Prevention of Terrorism (CETS 196)
- Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS 217)
- PACE - Resolution 2130 (2016) - Lessons from the “Panama Papers to ensure fiscal and social justice
- Recommendation CM/Rec(2017)6 of the Committee of Ministers to member States on “special investigation techniques” in relation to serious crimes including acts of terrorism
- European Convention on Mutual Assistance in Criminal Matters (ETS 030)
- Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS 099)
- Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS 182)
- CoE/OECD Convention on Mutual Administrative Assistance in Tax Matters (ETS 127)
- Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters (ETS 208)
- Committee of Experts on Criminal Asset Recovery (PC-RAC)
- Committee of Experts on the Operation of European Conventions on Co-operation in Criminal Matters (PC-OC)
- Committee of Experts on the protection of the environment through Criminal Law (PC-ENV)
- Conference of the Parties (COP) to the CETS 198
- European Committee on Crime Problems (CDPC)
- European Committee on Legal Co-operation (CDCJ)
- UNCAC
- OECD Convention on combating bribery of foreign public officials in international business transactions
- FATF Recommendations (2012)
- FATF Methodology (2013)
- EUROPEAN UNION
1) Tax avoidance:
2) Asset confiscation and recovery:
- Council Framework Decision 2001/500/JHA on money laundering, freezing, seizure, and confiscation of criminal assets and instrumentalities
- Council Framework Decision 2003/577/JHA on execution of freezing orders
- Council Framework Decision 2005/212/JHA on confiscation of criminal proceeds, instrumentalities and property
- Council Framework Decision 2006/783/JHA
- Council Decision 2007/845/JHA on cooperation between Asset Recovery Offices of the Member States
- Directive 2014/42/EU on freezing and confiscation of instrumentalities and proceeds of crime
3) AML Directives:
- Council Framework Decision 2001/500/JHA on money laundering, freezing, seizure, and confiscation of criminal assets and instrumentalities
- EU Directive on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (4th EU Anti-Money Laundering Directive)
- Directive on the use of financial and other information for the prevention, detection, or prosecution of certain criminal offences (5th Anti-Money Laundering Directive)
4) Data Protection: