BOX 1.1
Legal Framework for Asset Recovery
Legislation and procedures (domestic and foreign jurisdictions): • • • • •
Confiscation provisions (criminal, NCB, administrative); MLA; Criminal law provisions and codes of procedures (corruption, money laundering); Private (civil) law provisions and codes of procedure; and Asset sharing laws.
International conventions and treatiesa • • • •
• • •
• • • • • • • •
UNCAC; United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances; UNTOC; Organisation for Economic Co-operation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; Southeast Asian Mutual Legal Assistance in Criminal Matters Treaty; Inter-American Convention against Corruption; Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime (1990) and the revised Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime and on the Financing of Terrorism (2005); Council of the European Union Framework Decision 2003/577/JHA on the Execution in the European Union of Orders Freezing Property or Evidence; Council of the European Union Framework Decision 2006/783/JHA on the Application of the Principle of Mutual Recognition to Confiscation Orders; Southern African Development Community Protocol against Corruption (2001); African Union Convention on Preventing and Combating Corruption and Related Offenses (2003); Commonwealth of Independent States Conventions on Legal Assistance and Legal Relationship in Civil, Family and Criminal Matters; Scheme Relating to Mutual Assistance in Criminal Matters within the Commonwealth (the Harare Scheme); Mercosur Mutual Legal Assistance in Criminal Matters Treaty (Dec. No. 12/01); and Bilateral MLA treaties.
a. See appendix J for available Web site resources.
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Asset Recovery Handbook