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Basel Institute on Governance. Recovery of Frozen Assets ( “ Illicit Financial Flows: Applicable International Legal Frameworks ” ). Kodjo Attisso | 5–8 June 2014 2014|Yaoundé, Cameroon. Structure. Introduction International Legal framework Process of Asset Recovery - PowerPoint PPT Presentation
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Basel Institute on Governance
Recovery of Frozen Assets (“Illicit Financial Flows: Applicable International Legal Frameworks”)Kodjo Attisso | 5–8 June 2014 2014|Yaoundé, Cameroon
Structure
I. Introduction
II. International Legal framework
III. Process of Asset Recovery
IV. Approaches to the Challenges
KODJO ATTISSO | 14 MAY 2014
Structure
I. Introduction
II. International Legal framework
III. Process of Asset Recovery
IV. Approaches to the Challenges
KODJO ATTISSO | 14 MAY 2014
I. Introduction
KODJO ATTISSO | 05-08 JUNE 2014
I. Introduction
KODJO ATTISSO | 05-08 JUNE 2014
II. International Legal framework
KODJO ATTISSO | 05-08 JUNE 2014
Source: Stolen Asset Recovery: Global Architecture for Asset Recovery
III. Asset Recovery Procedures
KODJO ATTISSO | 05-08 JUNE 2014
III. Process of Asset Recovery
KODJO ATTISSO | 05-08 JUNE 2014
WHAT IS ASSET RECOVERY?
HOW DOES ICAR SUPPORT THIS PROCESS?
• Capacity building
• Consulting (legal/caseworks)
• Tools
III. Process of Asset Recovery
Five steps to recover assets
1.Identification of cases• How to initiate cases?
2.Tracing• How and where to find the assets?
3.Freezing• How to freeze the assets?
4.Confiscation/Forfeiture – getting the evidence • What does the requested and requesting state need to do
to change ownership?5.Repatriation – getting the proceeds
• To whom does the money belong?
KODJO ATTISSO | 05-08 JUNE 2014
First step: Case Identification
Challenges• Hidden transnational networks• Lack of expertise/capacity/ technology• Political will/interference
Solutions• Whistleblower systems• Banking regulations (know your customer systems,
suspicious transaction reports, politically exposed person
PEPs)• Investigative journalism• Enforcement of investigation units
KODJO ATTISSO | 05-08 JUNE 2014
Second step: Tracing
Challenges• Ability of local law enforcement to act (understand
documentation, etc.)• No evidence available• Bank secrecy• Problem of fishing expeditions
Solutions• Follow the money, or even the person • Use of informal channels• Amnesty agreements
KODJO ATTISSO | 05-08 JUNE 2014
Third step: Freezing
Challenges• Speed of money/delay of reaction• Lack of expertise in victim countries• Mutual legal assistance requests
Solutions• Stronger FIU cooperation• Informal channels• Coordinated investigations in the requesting state• Provisonal measures (seizure)
KODJO ATTISSO | 05-08 JUNE 2014
Fourth step: Forfeiture/Confiscation
Challenges• Mutual legal assistance requests• Delay in criminal proceedings due to legal problems • Difficulty to establish evidence/ability of local courts• Huge costs
Solutions• Easing burden of proof• Use of anti-money laundering law in requested states• Use of civil actions• Voluntary repatriation – out of court settlements
KODJO ATTISSO | 05-08 JUNE 2014
Fifth step: Repatriation
Challenges• National interest in requested states• Lack of confidence in the rule of law in the requesting
jurisdiction• Conditions• Third parties interests
Solutions• Asset sharing agreements• Well prepared monitoring • Early release through escrow accounts
KODJO ATTISSO | 05-08 JUNE 2014
IV Approaches to the Challenges
Political will • Willigness and ability for legislative reform• Accountability and transparency• Prosecution of former public officials • Effective cooperation of requested states
Capacity constraints• Building institutional capacity• Education and training of staff
KODJO ATTISSO | 05-08 JUNE 2014
VI Approaches to the Challenges
Conventions and Agreements• UNCAC • African Union Convention on Preventing and Combating
Corruption• ECOWAS Protocol on the Fight against Corruption• Financial Action Task Force (FATF) Standards
Multilateral Initiatives• Conference of States Parties of UNCAC and Working Group
on Asset Recovery• WB/UNODC: Stolen Asset Recovery Initiative (StAR)
KODJO ATTISSO | 05-08 JUNE 2014
Thanks for your Attention
Questions?
KODJO ATTISSO | 05-08 JUNE 2014