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Recovering the Proceeds of International Corruption and Fraud – a New Perspective

This presentation discusses the International Centre for Asset Recovery (ICAR) and its mission to assist countries in tracing, confiscating, and repatriating assets stolen through corruption and related crimes. It explores relevant European and international instruments and addresses challenges in asset recovery.

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Recovering the Proceeds of International Corruption and Fraud – a New Perspective

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  1. Recovering the Proceeds of International Corruption and Fraud – a New Perspective Date: 26 Nov 2009 Speaker: Alan Bacarese, International Centre for Asset Recovery

  2. Recovering the Proceeds of International Corruption and Fraud – a New Perspective Institute of International and European Affairs, Dublin Ireland 26 November 2009 Alan Bacarese, International Centre for Asset Recovery

  3. International Centre for Asset Recovery (ICAR) Under the auspices of the Basel Instsitute on Governance Founded in 2006, with seed funding from Switzerland, Liechtenstein and UK Mission: Provide assistance to developing and developed countries alike in improving their capacity to trace, confiscate and repatriate assets stolen through corruption and related crimes: Capacity development in asset recovery and MLA Case assistance Policy dialogue and research Knowledge dissemination www.assetrecovery.org Practical tools (e.g. IT case management systems) Page 3

  4. ICAR – Programme of Work Long-term commitment to capacity development programmes and case assistance in Bangladesh, Brazil, East Africa (regional), Indonesia, Madagascar, South-East Asia (regional), Tanzania, Bangladesh etc. Contribution to international policy dialogue (Lausanne IV, asset recovery publications, active contribution to UNODC and StAR policy processes, etc.) Continuous development of www.assetrecovery.org, e-learning and case management tools Page 4

  5. What are the main European Instruments? • Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime (1990 - revised 2005), • the Council of Europe Criminal Law Convention on Corruption (1999) • Framework Decision on Confiscation of Crime-Related Proceeds, Instrumentalities and Property (2001) • Framework Decision on the execution in the European Union of orders freezing property or evidence (2003) • Framework Decision on the application of the principle of mutual recognition to confiscation orders (2006)

  6. What are the main European Instruments? • Framework Decision concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (2007/845/JHA) • Creation of National Asset Recovery Offices in Europe • A blueprint for success? Or just a first modest step? • Advantages/Disadvantages • A new international model?

  7. What are the main International Instruments? • Conventions and Agreements • UNCAC • OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions • UNTOC • FATF 40+9 Recommendations on Anti-Money Laundering and Combating the Financing of Terrorism

  8. UN Convention against Corruption • Global anti-corruption treaty built upon International consensus • Responding to corruption as a „... trans-national phenomenon that affects all societies and economies, making international cooperation to prevent and control it essential“ (Preamble) • Prevention and criminalisation of corruption • International cooperation and asset recovery

  9. UNCAC Convention – What Next? • Third Conference of States Parties – Doha November 2009 • Intergovernmental Working Groups on Technical Assistance, Monitoring of UNCAC and Asset Recovery • Collaboration with Interpol on the new Anti-Corruption Academy • Has the politics of UNCAC failed asset recovery?

  10. Who are the main actors? • Multilateral • Conference of States Parties of UNCAC and Working Group on Asset Recovery • WB/UNODC: Stolen Asset Recovery Initiative (StAR) • ADB/OECD Anti-Corruption Initiative for Asia and the Pacific • G8 • Non-State actors • Interpol • International Centre for Asset Recovery

  11. So what does all this mean in Practice? • What are the main impediments? • Where are the main impediments? • What is being done to overcome them?

  12. The UK Experience The Nigerian State Governors Cases

  13. Chief Joshua Chibi DARIYE Nigerian State Governor Plateau State 1999 - 2007

  14. Assets held in UK in name Joshua DARIYE None

  15. The DARIYE children attended Dean Close school in UK

  16. School Fees paid by Joyce OYEBANJO

  17. Financial examination of Joyce OYEBANJO Employed as Housing Officer in UK • 15 Bank accounts – £1.5m • Property – 3 properties £2m • Other – Substantial Cash

  18. 28 Regent Park Plaza, London W1

  19. Managed by Joyce OYEBANJO Owned in name Joseph DAGWAN Paid for by Plateau State Ecological fund through various companies

  20. Conclusion: The Challenges • Lack of an appropriate legal framework – do the EU and International norms demand enough change? • Overcoming jurisdictional issues – enhanced role for Eurojust and Interpol (very little in EU legislation on organisational roles) • Increase Capacity/Expertise – also institutionalise the knowledge • Increasing vigilance in Financial Centres • Sharing and facilitating an improved exchange of information between countries • Changing the mindset of law enforcement – use of civil as well as criminal powers

  21. Contact Information Alan Bacarese Head of Legal and Case Consultancy Basel Institute on Governance International Centre for Asset Recovery alan.bacarese@baselgovernance.org www.assetrecovery.org

  22. Upcoming Events Illegal Content on the Internet Date: 15 Dec 2009, 12.45 at IIEA Speaker: Suzette Bronkhorst, Secretary-General of the International Network Against CyberHate (INACH).

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