Presentation on theme: "1. Asset Recovery Rules in Jordan 5 th Pan-European High Level Conference on asset Recovery Offices Cyprus 22-24 Oct. 2012 Prof. Fayyad Alqudah (LL.B,"— Presentation transcript:
Asset Recovery Rules in Jordan 5 th Pan-European High Level Conference on asset Recovery Offices Cyprus 22-24 Oct. 2012 Prof. Fayyad Alqudah (LL.B, LL.M, PhD) Board Member Jordan Anti-Corruption Commission 2
3 Introduction -Jordan is a civil law system country. -Anti-Corruption Commission is established by law 62 Year 2006. -An independent Institution administered by a board of 6 members and a chairman. -Appointed by a Royal decree for a term of 4 years renewable for one time.
- Jordan is a member in UNCAC and a law was passed by Parliament to ratify UNCAC. - Jordan informed General Secretary that the focal point for MLA will Ministry of Justice. -Money Laundering & Anti-Terrorist Unit was established in the Central Bank and has jurisdiction to follow matters including Holding, Freezing and confiscation of proceeds of money laundering and terrorist crimes through Public Prosecutor orders.
Importance of Asset Recovery : 1.Depriving Criminals from enjoying the fruits of their crimes: a) Recovering Stolen Assets. b) Nullifying & Rescinding Contracts & Concessions. 2. Evidence in Trials to secure indictments & convictions. 3. Restoring justice by Handing stolen assets to lawful owners.
Rules of Asset Recovery in Jordan: 1- Crimes within Jurisdiction of Jordanian Courts: - Freezing pending trials (anti-corruption commission, Money Laundering & Anti-Terrorist Unit, Public Prosecutor-Economic Crimes- and Competent Courts). - Confiscation by order of Courts. - Fine equivalent or double Stolen Assets. - Compensation (criminal or Civil case). 2- Crimes outside Jurisdiction of Jordanian Courts. - Requests for Mutual Legal Assistance (MLA).
7 The General Rules: 1.Jordan Criminal Act (JCA) provides (in Art. 44) for Confiscation of proceeds of crimes (taking in consideration bona fide third party beneficiary). 2.JCA provides for Freezing of Assets (in certain crimes (e.g terrorist activities) by Public Prosecutor pending trial.
8 3.Money Laundering Act provides for Holding, Freezing of Assets and in some cases Confiscation. 4.Anti-Corruption Act provides for Freezing of Assets pending trial. 5.Compensation of injured person in committed crimes is provided for in criminal law and other laws including Anti-Corruption Act.
9 6.Anti-Corruption Commission law provides that the Commission has authority to assist in recovering proceeds resulted from corruption crimes whether such proceeds exist within Jordan or abroad. As such, the law authorizes the commission to open an account with the Central Bank of Jordan to deposit recovered proceeds of crime until distributed.
10 7.The Economic Crimes Act allows for the settlement of economic crimes according to certain conditions by a judicial committee upon recommendation by the attorney general. Such settlement may entail recovery of proceeds whether in full or in part. 8.JCA and other related laws impose in certain cases a fine equivalent or even greater that funds taken by crime offenders.
9.The Anti-Corruption Commission Law has been amended recently to empower courts to invalidate or rescind any contract or concession if evidence was provided that such contract or concession was obtained by an act of corruption.
Requests from other Countries Although Jordan does not have specific Law to deal with implementation of requests furnished by other countries to freeze, arrest, confiscate and recover proceeds of crimes existed in Jordan, several articles in different laws allows for providing mutual legal assistance in these matters. 12
Corruption Crimes: - Article (4/e) of Anti-Corruption Commission Act no. 62 Year 2006 explicitly provides that the commission shall provide international mutual legal assistance when terms to provide such assistance are met through official channels. -Article (11/b) of ACCA explicitly provides that the Commission has authority to assist in the recovery of assets acquired by corruption acts whether such assets existed in Jordan or abroad. -The Commission has authority to freeze movable and immovable assets owned by people under investigation and deny them traveling abroad.
Money Laundering & Terrorist Cases: -The MLAT Unit prepares a report about any case and sends it to the Public Prosecutor who has authority to Freeze the assets pending trial. - The MLAT law provides that the judicial authorities will cooperate with non Jordanian authorities in Money Laundering & Terrorist cases. -After due investigation the Public Prosecutor (if found grounds for criminal liability) will issue an indictment and thus refer the case to the competent court.
15 -During investigation the PP has authority to investigate the legitimacy of the source of assets, freeze, arrest the assets of the accused, his/her spouse and direct descendants and ancestors and order them not to leave country. -The PP has authority to freeze assets possessed by third party if an evidence proves that such assets resulted from crime. -The competent court has jurisdiction to confiscate proceeds of crime in a given case; and if disbursed with, to order a fine with an amount equivalent to the proceeds of the crime.
16 Request for MLA in Jordan: -The legal grounds for providing MLA are: - Provisions of UNCAC. -Article (4/e) of Anti-Corruption Commission Act. -Article (11/b) of Anti-Corruption Commission Act. -Article (23) of Money Laundering & Anti-Terrorist Act. -Bilateral Agreements. -Equal Treatment Principles (International cooperation).
Formal Requirements: An Application in writing shall be submitted. Description of the Identity of the requesting agency (Judicial authority) Identification of the legal grounds for the request: – Local legislation. – Agreement (Bilateral, Regional or international). 17
The nature of the investigation or the judicial procedure behind the request. Description of the nature of the crime and its conditions and evidence provided. * Details of the Assistance requested (arrest, take testimony,) Name of the individual, nationality and residence (if known).
19 The purpose of the MLA requested and that it will be used as an admissible evidence. Use Arabic language if possible. Must make sure of existence of dual criminality conditions. Use of MLA shall be for the object sought only.
Examples of MLA Agreement 20 MultilateralBilateral United Nations Convention against Corruption 1- Jordan-Yemen 2007 United Nations Convention against Transnational Organized Crime 2- Jordan-Kuwait 2006. 3-Jordan-Algeria 2001. 4-Jordan-Tunis 2001 5-Jordan-Morocco 2008. 6- Jordan-UAE 2000. 7-Jordan-Qatar 1997
Jordan has executed 12 Mutual Legal Assistance Request during the years 2009 – 2012. And 2 judicial Assistance Requests with reference to the UNCAC during the years 2010 – 2011. 21