1 towards a global architecture for asset recovery november 2009
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The Asset Recovery Agenda
Legal Framework
Asset Recovery Process
Financial Center Initiatives
Proceeds of Corruption
International Cooperation
Monitoring Progress
3
Putting in place the legal framework
Integrated approach, focus on proceeds of corruption
Criminalization UNCAC framework,
Money laundering
Asset recovery tools Criminal forfeiture
Non-conviction based forfeiture
Civil proceedings
Enforcement of foreign judgments
Consultative process 0% 20% 40% 60% 80% 100%
23. Laundering Proceeds of Crime
(R=18)
52. Prevention & Detection (R=41)
53. Direct Recovery of
Property (R=38)
54. Mechanisms for Recovery
(R=43)
55. International Cooperation
(R=29)
57. Return & Disposal of Assets
(R=41)
UNCAC Self Assessment Checklist: Technical Assistance
Legislation Legal Advice Other TA None
0% 20% 40% 60% 80% 100%
23. Laundering Proceeds of Crime
(R=77)
52. Prevention & Detection (R=77)
53. Direct Recovery of
Property (R=77)
54. Mechanisms for Recovery
(R=77)
55. International Cooperation
(R=77)
57. Return & Disposal of Assets
(R=77)
UNCAC Self Assessment Checklist: Implementation
Yes In Part No No Response
4
Supporting the asset recovery process
Building effective teams, for: leadership, information exchange, accountability for results Ad hoc / permanent teams
Operational support for national authorities Investigators, Incident
Response Teams (Corruption) UMBRA, information
exchange and analysis on corruption cases
Legal representation
Core• Prosecutors / Attorney General
• Police / Investigators
• Central Authority for legal cooperation
• Solicitor General
Key Agencies• Financial Intelligence Unit
• Audit Authority
• Anti-Corruption Body
• Tax Authorities
• Ministry of Finance
5
Taking Initiative in Financial Centers
The Tools Spontaneous information
exchange Administrative / judicial
freezing orders Pursuing the bribe giver (and
bribe taker?) sanctions, profits & punitive damages
Pursuing foreign corruption, using money laundering & organized crime and other domestic offenses
The Means Policy on tackling foreign
corruption Resources and mandate for
law enforcement Specialist foreign corruption
units : leadership, resources, accountability for results
Information exchange, cooperation with investigations incl. civil proceedings
6
Tackling the Proceeds of Corruption
Target the laundering of the proceeds of corruption through the anti-money laundering (AML) regime : Assess risks related to domestic and foreign proceeds of
corruption; Draw on UNCAC to strengthen AML standards (predicate offenses, politically
exposed persons); Implement AML standards on customer due diligence – including politically
exposed persons – and beneficial ownership Coordinate between AML and Anti-Corruption activities
0%
25%
50%
75%
C LC PC NC
R.6 PEPs
FATF Non FATF
0%
25%
50%
75%
C LC PC NC
R.33 Beneficial Ownership
FATF Non FATF
0%
25%
50%
75%
C LC PC NC
R.34 Trusts
FATF Non FATF
7
Strengthening Cooperation
International standards, guidance and tools supporting streamlined procedures
Signposting appropriate gateways for formal cooperation & access to procedural information;
Use of alternative, informal channels Supporting informal networks
0%
25%
50%
75%
C LC PC NC
R.36 Mutual Legal Assistance
FATF Non FATF
0%
25%
50%
75%
C LC PC NC
R.37 Dual Criminality
FATF Non FATF
0%
25%
50%
75%
C LC PC NC
R.38 MLA for Proceeds of Crime
FATF Non FATF
Challenges in Dual Criminality
• Non-conviction based forfeiture
• Illicit enrichment
8
Monitoring progress and feedback
Monitor progress in establishing legal and institutional framework for asset recovery. UNCAC, FATF
Report on the level of asset recovery activity: how many cases? how much returned? OECD DAC
Generate feedback from asset recovery cases, to inform standards and practice. OECD, FATF
Communicate success stories!
The Asset Recovery Agenda
Legal Framework • Integrated Approach • Criminalization• Asset recovery tools
Asset Recovery Process • Multi-Agency Teams• Operational Support • Investigation and information
Financial Center Initiatives • Policy on Foreign Corruption• Dedicated teams• Legal initiative, ML / organized crime / bribery
Proceeds of Corruption • Assessing risks proceeds of corruption • Strengthen standards (UNCAC link)• AML and AC coordination
International Cooperation • Signaling for formal cooperation • Streamlining procedures • Informal channels, networks
Monitoring progress • Feedback for practitioners and policy makers • Quantitative information on progress • Success stories
10
Political commitment critical Communicating success mobilizes political support Success = cases won + development & governance impacts
What drives asset recovery?
REQUESTING STATE REQUESTED STATE
Law
Enforcement Agencies
Foreign Affairs
Finance & Banking
Supervisors
Law Enforcement
Agencies
Foreign Affairs &
Development
Finance & Banking
Supervisors
Resource Mobilization
Incentive
Possible
additional resources
Possible additional resources
Additional resources
Costs: possibly
unfunded mandate
Resources for development
partners
Resources for development
partners
Law Enforcement
Incentive
Crime &
corruption control
Cooperation on law
enforcement issues
Reinforce control
environment
Limited domestic law enforcement
risk
Support for development
agenda
Money laundering
risk
Reputational Incentive
Internal
credibility & legitimacy
External credibility & reputation
Internal & external
credibility & reputation
Reciprocity in mutual legal assistance
External credibility & reputation
Financial sector
interest & reputation
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