Few and Far

Few and Far

The Hard Facts on Stolen Asset Recovery You do not have access to this content

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Author(s):
OECD, The World Bank
11 Sep 2014
Pages:
80
ISBN:
9789264222311 (PDF)
http://dx.doi.org/10.1787/9789264222311-en

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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 official development assistance flows. 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 co-operation 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, Ghana, in 2008, and in the Fourth High Level Forum on Aid Effectiveness: Partnership for Effective Development, held in Busan, Republic of Korea, 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 organisations engaged in governance and development issues may wish to use these findings and recommendations in their reports and advocacy efforts.

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Table of Contents

StAR and OECD  ix
Acknowledgments  xi
Abbreviations  xiii
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 Capacity-Building 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
Appendix A. Recommendations 63
-Main Recommendations from the Executive Summary 63
-Additional Recommendations 64
-Data Collection (from chapter 2) 64
-Policy Recommendations (from chapter 4) 64
-Legal Recommendations (from chapter 5) 64
-Operational Recommendations (from chapter 6) 65
-Recommendations for Developing Countries (from chapter 7) 65
-Recommendations for Development Agencies (from chapter 8) 65
Appendix B. Nine Key Principles of Effective Asset Recovery Adopted by the G20 Anticorruption Working Group, Cannes, 2011 67
-Policy Development 67
-Legislative Framework 67
-Institutional Framework 68
Appendix C. StAR/OECD Questionnaire 71

 
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