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UN Convention against Corruption: Asset Recovery and StAR Prime Ministry Inspection Board Ankara, Turkey February 2009.

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Presentation on theme: "UN Convention against Corruption: Asset Recovery and StAR Prime Ministry Inspection Board Ankara, Turkey February 2009."— Presentation transcript:

1 UN Convention against Corruption: Asset Recovery and StAR Prime Ministry Inspection Board Ankara, Turkey February 2009

2 The Four Pillars of the UNCAC Preventive Measures International Cooperation Asset Recovery Criminalization Law Enforcement Purpose: Integrity, Accountability and the Proper Management of Public Affairs and Property

3 Asset Recovery – Articles 51-57 Measures to Prevent and Detect Transfer of Proceeds (Art.52) Return of Assets as Fundamental Principle (Art.51) Measures for Direct Recovery of Property (Art.53) Measures for Recovery of Property through International Cooperation (Art.54 - 55) Measures for Return and Disposal of Assets (Art.57)

4 Some Unique Features: conduct enhanced scrutiny of accounts sought or maintained by or on behalf of individuals entrusted with prominent public functions and their family members and close associates. Issue advisories regarding the types of natural or legal person to whose accounts financial institutions within its jurisdiction effective financial disclosure systems for appropriate public officials and shall provide for appropriate sanctions for non- compliance Removes “dual criminality” in corruption cases The return of assets is a fundamental principle of this Convention

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6 Why is StAR a joint effort?  Asset recovery requires collaboration between financial centers and victim states  UNCAC provides a framework for StAR engagement at international and national level  Success in specific cases – high profile and second tier – is essential to the credibility of StAR, international asset recovery efforts and the global governance agenda  StAR contributes through its knowledge generation and advocacy work raising the political stakes in major financial centers

7 StAR’s Three Components  Lowering barriers in financial centers  Analytic work supporting policy  Diagnostic tools  Guides and handbooks. Global Knowledge and Advocacy Institutions and Capacity Building  Gap Analysis  Networks  Training  Advisory services  Monitoring the use of returned assets Country Engagement: Recovery of Stolen Assets  Sponsoring stakeholder meetings  Preparatory assistance: audits, financial analysis, legal research, mutual legal assistance.

8 Global Knowledge and Advocacy: Lowering the barriers to asset recovery  How to …  Non-Conviction Based Forfeiture  Asset Recovery  Income and Asset Declarations  Informing international policy  Managing Politically Exposed Persons  Transparency of Corporate Vehicles  Targeted Advocacy  Financial center diagnostics  Working with international networks and CSOs

9  Be involved in litigation or criminal proceedings  Finance legal representation  Be privy to confidential information shared by states  Manage cases or make decisions on the conduct of cases StAR’s assistance asset recovery programs  Help countries make informed decisions in their asset recovery programs  Facilitate coordination between states parties through dialogue and Mutual Legal Assistance  Gap analysis, capacity building and training  Support the preparation and analysis of information on asset recovery aspects of specific cases

10 There should be no safe haven for those who steal from the poor” … “Helping developing countries recover the stolen money will be key to fund social programs and put corrupt leaders on notice that they will not escape the law.” Robert B. Zoellick, President, The World Bank

11 For further information: The Global Programme Against Corruption United Nations Office on Drugs and Crime P.O.Box 500 Vienna A-1400 Austria By Fax: +43 (1) 26060-5898 By Phone: +43(1) 26060-4372 E-mail: stuart.gilman@unodc.org http://www.worldbank/star


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