Decree approving the Mecca Convention against Corruption

Ibrahim Muhammad: Decree-Law No. 115 of 2026 was issued approving the Mecca Declaration of the Member States of the Organization of Islamic Cooperation for Cooperation in the Field of Law Enforcement to Combat Corruption, signed in Doha on November 27, 2024. This enhances the exchange of information and investigations among the State Parties and contributes to pursuing perpetrators of corruption crimes, recovering stolen assets, and returning them. The decree-law was published in the Official Gazette “Kuwait Today” in its Sunday, October 18, 2026, edition, and stipulated the assignment of ministers, each within their respective competence, to implement it, with effect from the date of its publication.

The agreement comprises 23 articles distributed across five chapters, regulating areas of cooperation between law enforcement authorities, exchange of information and investigations, technical assistance and training, as well as confidentiality controls, data protection, and implementation mechanisms.

Pursuing corruption and recovering assets: The agreement aims to enhance the efficient and rapid exchange of information and investigations among law enforcement authorities to prevent, detect, investigate, and pursue corruption crimes, thereby contributing to the recovery and return of stolen assets. It also seeks to strengthen technical assistance, training, and the exchange of expertise among State Parties to improve the effectiveness of cooperation in addressing the crimes covered by its provisions. The explanatory memorandum clarified that the agreement enhances international cooperation among law enforcement authorities combating corruption, including the exchange of information, investigations, and expertise, thereby improving the effectiveness of combating these crimes and recovering their proceeds.

Bribery, embezzlement, and money laundering: The scope of the agreement covers the bribery of national public officials, foreign public officials, and public officials of international organizations; the misappropriation, dissipation, or leakage of property by a public official; trafficking in influence; abuse of functions; and illicit enrichment. Its scope extends to bribery and embezzlement in the private sector, money laundering and concealment of proceeds of crimes covered by the agreement, obstruction of justice in relation to these crimes, as well as participation or attempt to commit them.

Tracing funds and the beneficial owner: The agreement specified areas for the exchange of information and investigations, including the identity of persons suspected of involvement in corruption crimes, their locations and activities, and the movement of criminal proceeds and assets derived from committing such crimes. Cooperation includes tracing the movement of property, equipment, and instruments used or intended for use in committing crimes, and exchanging information on methods used to conceal activities, including the use of false identities or forged documents. It also stipulated cooperation in identifying the beneficial owner of movable assets, property, and commercial entities related to crimes, verifying the authenticity of official documents, and exchanging information that aids in the early detection of corruption and the recovery of stolen assets.

30 working days to process requests: The agreement obliged receiving law enforcement authorities to exercise due diligence in processing requests within a period not exceeding 30 working days from the date of receipt. It authorized these authorities to request additional information when necessary for the execution of the request or to facilitate its implementation. In cases where response is not possible within the specified period, the requesting authority must be informed of the reasons preventing such response and the time required for implementation. Requests must be supported by justifications, purposes for using the information and investigations, and necessary details, enabling appropriate and rapid processing, and executed in accordance with the internal law of the receiving State.

A direct and secure communication platform encouraged by the agreement prompted law enforcement authorities to submit requests directly to one another. It stipulated that the Conference of the States Parties shall decide on the establishment of a secure electronic platform to facilitate communication, information exchange, and inquiries, and to define its requirements and operational mechanisms. The receiving party bears the ordinary material costs of executing the request, unless the two states agree otherwise. However, if the response entails significant or extraordinary expenses, the two states shall consult on the conditions of execution and how the costs will be borne. The States Parties also consider joining the Global Network of Law Enforcement Authorities Concerned with Combating Corruption, under the umbrella of the United Nations Office on Drugs and Crime (UNODC).

Specific grounds for refusing cooperation allowed the agreement to permit the refusal to respond to requests in certain cases, including where execution would infringe upon the state’s sovereignty, national security, legal system, or national interests, or where the requested information is disproportionate to the purposes of the request or irrelevant to them. Refusal is also permissible if sharing the information would adversely affect ongoing investigations, prosecutions, or judicial proceedings, or if there are reasonable grounds to believe that the request was submitted for the purpose of prosecuting or punishing a person on account of their sex, race, religion, nationality, ethnic origin, or political opinion. The agreement mandated that the reasons for refusal be stated, emphasizing that a response to requests may not be refused merely because it involves financial matters.

Protection of information and prevention of unauthorized dissemination established the agreement safeguards to protect the confidentiality of exchanged information, inquiries, and documents, prohibiting their use for purposes other than those for which they were requested, including their transfer, transmission, or publication, without prior written consent from the providing authority. It also prohibited sharing information and inquiries with a third party without prior written consent, and obligated receiving authorities to protect them from unauthorized access or disclosure. In the event of data loss, breach, disclosure, or unauthorized access, the providing authority must be notified immediately. The data protection provisions remain in effect even after the agreement ceases to apply or after any State Party withdraws from it.

Automatic exchange to support investigations allowed the States Parties, in accordance with the fundamental principles of their legal systems, to permit law enforcement authorities to share information and inquiries with their counterparts in other countries without prior request. This is linked to the existence of reasons to believe that such sharing may contribute to preventing, detecting, investigating, and prosecuting crimes, or to tracing, recovering, and returning criminal proceeds.

Training on emerging criminal methods included cooperation in developing specialized training programs for staff of relevant authorities, and exchanging expertise on means of detecting, investigating, and prosecuting crimes and tracing their proceeds. These programs cover the latest methods of committing corruption offenses, the use of false identities and forged documents to conceal activities, emerging methods of money laundering, and requirements for mutual legal assistance.

Safeguarding sovereignty and monitoring implementation affirmed the agreement’s respect for the equal sovereignty of states, the integrity of their territories, and non-interference in their internal affairs, and prohibited any State Party from exercising judicial functions or powers within the territory of another state that are reserved for the authorities of that state under its domestic law. It provided for the establishment of a Conference of the States Parties to monitor implementation and enhance cooperation, exchange best practices, and identify difficulties faced by states.

The Secretariat is also responsible for establishing and updating a database for law enforcement authorities and contact officers. The Convention shall enter into force on the thirtieth day after the deposit of the nineteenth instrument of ratification, acceptance, approval, or accession, in accordance with its provisions.