law enforcement official of one jurisdiction, and his or her counterpart in another jurisdiction. A particular form of mutual legal assistance. Mutual legal assistance. The process by which jurisdictions seek and provide assistance in gathering information, intelligence, and evidence for investigations; in implementing provisional measures; and in enforcing foreign orders and judgments. This handbook distinguishes between assistance that can be provided informally (see informal assistance) and formally (see mutual legal assistance request). Mutual legal assistance request. Distinguished from informal assistance, an MLA request is typically a request in writing that must adhere to specified procedures, protocols, and conditions set out in multilateral or bilateral agreements or domestic legislation. These requests are generally used to gather evidence (including through coercive investigative techniques), obtain provisional measures, and seek enforcement of domestic orders in a foreign jurisdiction. Non-conviction based confiscation (NCB confiscation). Confiscation for which a criminal conviction is not required.287 Politically exposed persons (PEPs). “Individuals who are, or have been, entrusted with prominent public functions, their family members, and close associates.”288 Practitioner. Refers to law enforcement investigators, investigating magistrates, private lawyers, forensic accountants, financial analysts, and prosecutors. One or all of these roles may be involved in a component of the investigation, depending on the laws of the jurisdiction. Proceeds of crime. Any asset derived from or obtained, directly or indirectly, through the commission of an offense.289 In most jurisdictions, commingled assets are included.290 Property. See assets. Property-based confiscation. A confiscation action that targets a specific thing or asset found to be the proceeds or instrumentalities of crime. Also known as in rem confiscation or a tainted property system. Provisional measures. Temporarily prohibiting the transfer, conversion, disposition, or movement of assets or temporarily assuming custody or control of assets on the basis of an order issued by a court or other competent authority. 291 The term is used interchangeably with freezing, restraint, seizure, and blocking. 287. “Best Practices: Confiscation (Recommendations 3 and 38),” adopted by the plenary of the FATF, February 19, 2010. 288. Theodore S. Greenberg, Larissa Gray, Delphine Schantz, Carolin Gardner, and Michael Lathem, Politically Exposed Persons: Preventive Measures for the Banking Sector (Washington DC: World Bank, 2010), 3, http://www.worldbank.org/star. 289. UNCAC, art. 2(e). 290. See section 6.2.1 of chapter 6 for a discussion of commingled assets. 291. Adapted from UNCAC, art. 2(f).
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