16-MoU_IACA-OLACEFS_19042022.pdf

Documento de Trabajo

20th Abr 2022

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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE INTERN ATIONAL ANTI -CORRUPTION ACADEMY
AND
THE ORGANIZATION OF LATIN AMERICAN AND CARIBBEAN SUPREME AUDIT
INSTITUTIONS

The International Anti -Corruption Academy , hereinafter referred to as “ IACA ”,
and the Organization of Latin America and Caribbean Supreme Audit Institutions
hereinafter referred to as “ OLACEFS” , both collectively hereinafter referred to as “the
Participants ”, are entering into this Memorandum for the purpose of jointly fostering
the prevention of and the fight against corruption and developing cooperation in the
anti -corruption field ;
Concerned by the seriousness of threats posed by corruption to the security and
stability of societies, undermining the institutions and values of democracy, ethical
values , and justice, and jeopardizing sustainable development, social and economic
prosperity , the r ule of law , and the full enjoyment of human rights ;
Recalling the numerous international conventions, instruments , and
mechanisms on promoting good governance and the fight against corruption,
especially the United Nations Convention against Corruption (UN CAC) and the OECD
Convention on Combating Bribery of Foreign Public Officials in International Business
Transacti ons ;
Recogniz ing the importance of international collaboration in joint efforts at the
global and regional levels in support of the UNC AC and other relevant instruments;
Convinced that the prevention of and the fight against corruption requires the
involvement of all sectors of society, including the corporate sector , individuals , as
well as civil society and non -governmental organizations;

ON THE BASIS OF mutual respect and mutual benefit the Participants intend, on a
voluntary basis, to cooperate closely and therefore share the following understanding :

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1. PURPOSE AND SCOPE
1.1 This Memorandum establishes the overall framework of cooperation, on a non –
exclusive basis , between the Participants . Implementing arrangements may further
detail the Participants ’ cooperation , such as technical and financial matters, within the
framework of this Memorandum.
1.2 The Participants wil l cooperate in good faith and as outlined in this
Memorandum. They will respect each other’s sphere of competence and applicable
policies, laws, and regulations.
1.3 The Participants will implement this Memorandum within the scope of and in
accordance with the ir respective mandates as well as applicable policies, laws, and
regulations, all of which shall prevail over any incompatible provision of this
Memorandum or its implementing arrangements.
1.4 Nothing contained in this Memorandum shall be deemed a waiver of the
privileges and immunities enjoyed by IACA .
2. FORMS OF COOPERATION
2.1 Within the framework of this Memorandum , the Participants will cooperate to
support and promote each other’s purposes, making best use, as appropriate, of their
respective professional networks and affiliations.
2.2 The forms of cooperation under this Memorandum may include , inter alia :
a. engaging in joint projects , or pro vid ing support thereto, with a view to
prevent ing and combat ing corruption in a comprehensive way;
b. convening meetings , as deemed appropriate, to review ongoing or past
activities, and to discuss and plan future activities based on the Participants ’ strategic
priorities ;
c. exchang ing relevant information, including information on activities of
common interest;
d. undertaking joint efforts to foster and p romote capacity – and institution –
building programmes in the anti -corruption field ;
e. any other form of technical assistance mutually agreed by the
Participants .
3. FINANCES/RESOURCES
3.1 This Memorandum does not create or imply any obligations or commitments
of a financial or budgetary or otherwise material nature for the Participant s. Each

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Participant will bear its own costs and expenses incurred in the implementation of this
Memorandum , unless otherwise decided by the Participants in writing .
3.2 Any cooperation under this Memorandum will be subject to available resources.
3.3 Any budgetary and financial commitments must be agreed by the Parti cipants
in writing, subject to approval by their respective responsible organs.
4. SECURITY OF INFORMATION
4.1 Nothing contained in this Memorandum will require either Participant to furnish
to the other any information or resources which are considered confidential.
4.2 The exchange of information under this Memorandum will be conducted in full
respect of the individual rights of persons concerned .
4.3 The Participants shall not disclose to the public any information and/or data
exchanged in respect of the coop eration under this Memorandum with out the express
prior written consent of the other Part icipant.
5. PROPRIETARY RIGHTS
5.1 Neither Part icipant will use the name or its acronym, the emblem , or official
seal of the other Part icipant without prior written authorization of th e other Part icipant .
In principle, such authorization will not be granted for commercial purposes.
5.2 The Participants will retain ownership over the ir respective works, unless
otherwise agreed by them. Ownership of , as well as the right to use , works jointly
produced by the Participants under this Memorandum , may be subject to separate
arrangements. In the absence of such arrangements, the Participants will jointly own
such works, and both Participants will have non -exclusive and royalty -free rights to
use these works.
6. DISPUTES
Disputes arising in relation to this Memorandum will be settled by consultations unless
decided otherwise by the Participants.
7. AMENDMENTS
7.1 This Memorandum may be amended upon consultations and by writt en consent
of the Participants.
7.2 The instruments containing the modifications shall be added as annexes to this
Memorandum and shall become part of the Memorandum.

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8. COMING INTO EFFECT/DURATION
This Memorandum will come into effect on signature and will remain in effect until
terminated by either Participant on three months ’ written notice.

IN WITNESS WHEREOF , the undersigned, the duly authorized representatives of the
respective Participants affix their signatures below .

SIGNED in duplicate in the English language at the places and on the dates stated
below .

For IACA For OLACEF S

Thomas Stelzer
Dean
Nelson Shack
President
Jorge Bermúdez
Executive Secretary

Place: Place:
Date: Date: