Summary
States should establish effective laws and mechanisms to facilitate the recovery of illicitly acquired assets and the proceeds of corruption.
Obligations
Election Parts
Quotes
- Renews the commitment of all States parties to the United Nations Convention against Corruption to effective national action and international cooperation to give full effect to chapter V of the Convention and to contribute effectively to the recovery of the proceeds of corruption.
- Also calls upon States parties to afford one another the widest possible cooperation and assistance in the identification of stolen assets and proceeds of corruption and in the extradition of individuals accused of the predicate offences, consistent with the Convention.
- Urges Member States, consistent with chapter V of the Convention, to ensure that they have adequate laws and mechanisms in place to prosecute those involved in acts of corruption, to detect the illegal acquisition and transfer of assets derived from corruption and to ensure that there are suitable mechanisms in place - conviction- and, where appropriate, non-conviction-based - to recover through confiscation the identified proceeds of corruption, and that such laws and mechanisms are vigorously enforced.
- Urges States parties to remove barriers to asset recovery by ensuring that financial institutions and, where applicable, designated non-financial services and professions adopt and implement effective standards to ensure that such entities are not being used to hide stolen assets, which may include such measures as customer due-diligence requirements, the identification and enhanced scrutiny of assets belonging to individuals who are or have been entrusted with prominent public functions and to their family members and close associates, and the collection and provision of beneficial ownership information, and by ensuring, in accordance with the Convention and domestic law, through robust regulatory action, that they adequately implement those requirements.
- Encourages States parties to remove barriers to asset recovery, including, inter alia, by simplifying their legal procedures and preventing abuse of those procedures.
- Encourages States parties to remove barriers to asset recovery, including, inter alia, by simplifying their legal procedures and preventing abuse of those procedures.
- Calls upon States parties, where appropriate and in accordance with domestic law, to take proactive measures to ensure that individuals who have been entrusted with prominent public functions, their family members and close associates, cannot hide their illicitly acquired assets, by making relevant enquiries to determine the identity and ownership of illicitly acquired assets, freezing suspected criminal proceeds and undertaking efforts to initiate other national mechanisms of recovery, as consistent with the Convention and under domestic law, when appropriate, and encourages States parties to work with well-established networks of financial intelligence units to identify methodologies for coordinated approaches to such measures.
- Also urges States parties and signatories to the Convention to strengthen the capacity of legislators, law enforcement officials, judges and prosecutors to deal with matters relating to asset recovery, including in the areas of mutual legal assistance, confiscation, criminal confiscation and, where appropriate, non-conviction-based forfeiture in accordance with domestic law and the Convention, and civil proceedings, and to give the highest consideration to providing technical assistance in these fields, upon request.
- Also urges States parties to strengthen the capacity of legislators, law enforcement officials, judges and prosecutors on matters relating to asset recovery, and to provide technical assistance in the fields of mutual legal assistance; confiscation matters, including criminal confiscations and, where appropriate, non-conviction-based forfeiture, in accordance with national legislation; and civil proceedings.
- Urges States parties to ensure that procedures for international cooperation allow for the seizure and restraint of assets for a time period sufficient to preserve those assets in full pending proceedings in another State, and to allow or expand cooperation in the enforcement of foreign judgements, including through awareness-raising for judicial authorities.
- Calls upon States parties to devote special attention to strengthening integrity across the entire criminal justice system, including the police, prosecution, defence counsel, judiciary, court administration, prison and probation services, and notes with appreciation the assistance provided by the Secretariat to States parties upon request in the integration of anti-corruption measures in institutions of the criminal justice system.
- Renews the commitment of all States parties to the United Nations Convention against Corruption to effective national action and international cooperation to recover the proceeds of corruption.
- Also encourages States parties to remove additional barriers to asset recovery by ensuring that financial institutions and, where applicable, designated non-financial services and professions adopt and implement effective standards to ensure that such entities are not being used to hide stolen assets, which may include such measures as customer due diligence requirements; the identification and enhanced scrutiny of assets belonging to individuals who are or have been entrusted with prominent public functions, and to their family members and close associates; and the collection and provision of beneficial ownership information; and by ensuring, in accordance with the Convention and domestic law, through robust regulatory action, that they adequately implement those requirements.