Few and far : the hard facts on stolen asset recovery / Larissa Gray, Kjetil Hansen, Pranvera Recica-Kirkbride, Linnea Mills.

Format:

Book

Government document

Author/Creator:

Gray, Larissa, author.

Hansen, Kjetil, author.

Recica-Kirkbride, Pranvera, author.

Mills, Linnea, author.

Contributor:

Stolen Asset Recovery Initiative.

Series:

Stolen asset recovery series

Stolen asset recovery (StAR) series

Language:

English

Subjects (All):

Forfeiture.

Corruption.

Physical Description:

xiii, 76 pages : illustrations, maps ; 26 cm.

Other Title:

Hard facts on stolen asset recovery

Place of Publication:

Washington, DC : International Bank for Reconstruction and Development/The World Bank : OECD, [2014]

Summary:

Corruption has a devastating impact on developing and transition countries, with estimates of $20 billion to $40 billion per year stolen by public officials, a figure equivalent to 20 to 40 percent of flows of official development assistance. The return of the proceeds of corruption asset recovery can have a significant development impact. Returns can be used directly for development purposes, such as improvements in the health and education sectors and reintegration of displaced persons, with additional benefits of improved international cooperation and enhanced capacity of law enforcement and financial management officials. Development agencies and those committed to development effectiveness have a role in the asset recovery process. They have made international commitments to fight corruption and recover the proceeds of corruption in the Third High Level Forum on Aid Effectiveness: Accra Agenda for Actions, held in Accra in 2008, and the Fourth High Level Forum on Aid Effectiveness: Partnership for Effective Development, held in Busan in 2011. Despite these efforts, there has been difficulty in translating these commitments into concrete action. This StAR-OECD publication reports on how OECD countries are performing on asset recovery. Drawing on data collected between 2006 and 2012, the report provides recommendations and good practices and suggests specific actions for development agencies. Few and Far is primarily intended to support the anti-corruption and asset recovery efforts of developed and developing jurisdictions, with a particular focus on actions for development agencies. In addition, civil society organizations engaged in governance and development issues may wish to use these findings and recommendations in their reports and advocacy efforts. Book jacket.

Contents:

Executive Summary 1

Key Findings 1

Main Recommendations 2

1 Introduction 5

Scope of the Report 8

Methodology 8

Terminology 9

Organization of the Report 9

References 10

2 General Observations on the Data 11

References 15

3 Progress on Cases: Tracing, Freezing, and Recovering Proceeds of Corruption 17

OECD Members Pursuing Cases 17

Value of Assets Frozen and Returned by OECD Members 18

Jurisdictions Where the Proceeds Originated 23

How Are Cases Being Initiated? 26

Legal Avenues for Asset Recovery 26

Reference 29

Annex 3.1 30

4 Policy Developments 33

Setting Asset Recovery as a Policy Priority 33

Strengthening International Commitments on Asset Recovery 34

References 35

5 Legislative Developments 37

Rebuttable Presumptions 37

Administrative Freezing and Confiscation Measures 41

Unexplained Wealth Provisions, Illicit or Unjust Enrichment Laws 43

Non-conviction Based Confiscation 43

Legislative Gaps Remain 43

Including Asset Return in Settlement Agreements 44

References 45

6 Institutional Developments 47

Specialized Units That Focus on Asset Recovery 47

Adequate Resources and a Mandate and Incentives to be Proactive in Asset Recovery 47

Forming and Using Practitioner Networks 48

Capacity Building in Developing Countries 49

References 50

7 The Role of Developing Countries 51

Reference 54

8 The Role of Development Agencies 55

Incorporating Asset Recovery Efforts into Development Policies 55

Supporting Domestic Law Enforcement Efforts in Pursuing Cases 56

Advising on Ways to Secure Asset Return 56

Adequate Financing for Cap a city-Bull ding Efforts in Developing Countries 57

Facilitating Data Collection 58

Communicating Asset Recovery Policies, Actions, and Results 58

Advocating Policies, Laws, and Institutional Development 58

References 59

9 Conclusions 61.

Notes:

"STAR, Stolen Asset Recovery Initiative, The World Bank-UNODC."

Includes bibliographical references.

ISBN:

1464802742

9781464802744

OCLC:

891661129