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UNCAC aided information sharing (cooperation): an Indian experience

Ajay Kumar (PB First Global Tax Advisors, Dubai, United Arab Emirates)

Journal of Financial Crime

ISSN: 1359-0790

Article publication date: 15 February 2021

Issue publication date: 28 September 2021

137

Abstract

Purpose

This paper aims to investigate the obstacles to the sharing of information, as envisaged in the United Nations Convention against Corruption (UNCAC), and therefore, its accessibility to developing countries. The findings of this paper could help States to limit corruption in interstate interactions and civil society groups calling for measures that can help assess potential corruption.

Design/methodology/approach

This research is based on qualitative analysis – usual normative analysis was undertaken in law and economics. For this purpose, an analysis of the literature on cooperation generated by the UNCAC and State practice within defence deals was undertaken.

Findings

It is found that States where defence manufacturers reside can prevent information sharing and thereby hinder investigations against corruption. It is found that defence importing States can overcome the limitations of the UNCAC, to enforce information sharing, by including guarantees into their contracts.

Originality/value

As research on information sharing practices of States are scarce or non-existent, this paper contributes to the literature on this aspect of cooperation envisaged in the UNCAC. Further, this paper elaborates on what States could do to limit non-cooperation in the sharing of information.

Keywords

Acknowledgements

The author would like to place on record my thanks to Professor Yvon Dandurand for his insightful comments on an earlier draft.

Citation

Kumar, A. (2021), "UNCAC aided information sharing (cooperation): an Indian experience", Journal of Financial Crime, Vol. 28 No. 4, pp. 1244-1258. https://doi.org/10.1108/JFC-11-2020-0231

Publisher

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Emerald Publishing Limited

Copyright © 2021, Emerald Publishing Limited

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