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Good Practices in Accelerating the Capture of Illicitly-Acquired Assets - June 2024

 

This report, which was produced within the framework of an EU-funded project, focuses on advancing the capabilities of Member States in combating organized crime and promoting development through effective asset recovery. This is done by presenting, through a number of case studies, the usefulness of adopting accelerated mechanisms for asset recovery. Such modalities may include, for example, civil confiscation, enhanced powers of the tax authorities or social welfare institutions, as well as plea bargaining and administrative confiscation.

The report addresses the critical challenge of fighting organized crime and corruption by dismantling their financial bases. The goal is to strengthen law enforcement's ability to – through proven effective and efficient modalities – trace, seize, and confiscate assets that fuel criminal activities, emphasizing the need to ensure that crime does not pay.

The publication showcases national and global strategies for accelerated modalities to confiscate illicitly-acquired assets and urges the adoption of these mechanisms through a framework rich in successful case studies. The report aims to align regional practices with international standards to enhance cross-border cooperation against illicit financial flows.

The report also underscores the relevance of international conventions such as the United Nations Convention against Corruption (UNCAC) and the United Nations Convention against Transnational Organized Crime (UNTOC). These conventions provide a robust international legal framework that supports the efforts of Member States to combat the economic dimensions of organized crime by targeting illicit financial flows. Still, these Conventions do not provide enough insight into practical modalities to “operationalize” their provisions; this report should therefore serve as a useful complement concerning how the Conventions are being implemented.

Effective asset recovery also has significant implications for sustainable development and stability, contributing directly to the goals of peace, justice, and strong institutions as outlined in Goal 16 of the UN's 2030 Agenda for Sustainable Development. Recovering more assets linked to organized crime can mean more schools, hospitals, doctors, nurses and teachers, as well as elements that contribute to sustainability and development.

The report presents success stories from many Member States including Colombia, Egypt, France, Ireland, Italy, the Netherlands, Peru, Ukraine, the United Kingdom, and the United States of America.

"Good Practices in Accelerating the Capture of Illicitly-Acquired Assets" has been developed under the EU-funded initiative "Support to EU Eastern Partnership Countries to Enhance Asset Recovery," jointly launched in 2020 by the European Commission and the United Nations Interregional Crime and Justice Research Institute (UNICRI).

Generously funded by the European Union through the Directorate-General for Neighbourhood and Enlargement Negotiations (DG NEAR), this publication is part of a broader initiative aimed at enhancing asset recovery mechanisms within the EU Eastern Partnership region, although the good practices identified can be useful in all countries.

UNICRI is dedicated to assisting Member States through expert guidance and technical support, helping to build the necessary legal and operational frameworks for effective asset recovery. This commitment is supported by the invaluable guidance and cooperation of national authorities in the Eastern Partnership countries (Armenia, Azerbaijan, Georgia, Moldova, and Ukraine), as well as practitioners outside of the region.