Basel Institute on Governance

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

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Source: Stolen Asset Recovery: Global Architecture for Asset Recovery

III. Asset Recovery Procedures

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III. Process of Asset Recovery

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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

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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)

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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

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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)

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Thanks for your Attention

Questions?

KODJO ATTISSO | 05-08 JUNE 2014