1. The StAR Initiative: An Overview EAMJA-KIGALI May 24, 2012
Recovery of Stolen Assets
The StAR Initiative: An Overview EAMJA-KIGALI May 24, 2012

2. What is StAR
The Stolen Asset Recovery (StAR) Initiative, is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime (UNODC). It was established in 2007
StAR provides technical assistance to developing countries to facilitate a more systematic and timely return of corruptly acquired assets

3. What does StAR do?
StAR provides technical assistance to requesting countries by :-
-providing training and capacity building,
-assisting countries in the stolen asset recovery process
policy analysis and knowledge building- publications
Support global and anti-corruption agenda
StAR advocates that training at the regional level will enhance international cooperation among the East Africa judiciary, allow for sharing experience and make a case for policy formulation at regional as well as domestic levels. Some of the assets move within the region and this provides a good forum. At the same time StAR believes that country-specific training offers an even better opportunity to address country specific needs. StAR is already engaging with 2 of them at the country level and it is hoped that the Association will advocate for eventual country-specific training to build on the region-level training
At country engagement level, StAR helps countries define strategies and make informed decisions in their asset recovery programs
Deliver gap analysis, capacity building and training
Facilitate coordination/dialogue among states’ parties through all forms of international cooperation, including Mutual Legal Assistance
Support the preparation and analysis of information on the asset recovery aspects of specific cases

4. Basic Principles At a preventive level, there is need for:-
. UNCAC: The return of assets is a fundamental principle of this Convention, and States Parties shall afford one another the widest measure of cooperation and assistance in this regard
At a preventive level, there is need for:-
Public sector good governance – public financial management, public procurement
Income and asset disclosure for senior public officials
Effective AML framework – prevention, detection, repression, international cooperation
Chapter V of the United Nations Convention Against Corruption-The UNCAC establishes a ground for corruption prevention, criminalization, asset recovery and technical assistance. It provides for an overall demand for governance, accountability, and transparency in public and private institutions.

5. Why does Asset Recovery matter?
Political case
Accountability and legitimacy
Social and political stability
Public interest vs. private gains
Developmental case
Corruption and bad governance hinder development
Asset recovery as “acid test” of whole-of-government approach to good governance
Deterrence case
No safe havens
Virtuous circle prevention / repression
Collective action case
Nations benefit mutually from international cooperation
A conservative estimate of US$ billion is stolen from developing countries each year (20-40% of development assistance). Corruption of this kind undermines trust and confidence in governments and banks, degrades public institutions, hinders delivery of basic services and discourages investments thus slowing economic growth and poverty alleviation.

6. Building on traditional institutions
The law enforcement set up—investigation, prosecution, adjudication, internal and external government audits, financial intelligence units, specialized anti-corruption agencies, fora for national cooperation and information- sharing, etc.
Judicial powers:
Freezing, warrants, seizures, management of assets
Mutual Legal Assistance
Confiscation and asset return
Civil recovery --Damages, restitution for legitimate owner
Adjudication in criminal prosecution
It is estimated that East Africa has in the last four decades has recorded Illicit Financial Flows of up to USD 22,2 billion of which only USD424 million (about 1.8%) has been collectedThe judiciary has a major role to play at both the domestic and international levels. The tools for investigations and asset tracing include seizures, temporary freezes and preservation which, in many jurisdictions, is a judicial process. Similarly, any recovery, civil or criminal action, is a court process. It is therefore important that courts are alive to and knowledgeable about their participation in this process.

7. Important considerations for EAMJA
Trust and networking
Promote personal contacts among relevant officials– liaison among magistrates / judges, police attachés—attend regional and int’l fora, participate in regional and int’l networks
Comprehensive Asset Recovery policy
Make Asset Recovery a policy priority
Ensure asset recovery legislation is comprehensive and adequate
Create specialized investigative units / courts to focus on stolen assets
Resources
Commit resources, develop capacity and expertise, communicate about sharing of costs and recovered assets

8. International networking for operational process
Law enforcement focal points
Identify primary and secondary focal points--provide clear and updated information on judicial websites, encourage networking with other similar associations e,g common wealth judges association etc
StAR/Interpol
Initiative for countries to provide focal points for exchange of information 24/7 basis open to members
Seek StAR assistance as a honest broker- StAR plays a facilitating role and convening powers
StAR has been able to facilitate a discussion meeting for case strategy between the asset recovery institutions (investigators, prosecutors and judicial officers) and jurisdictions where assets have been traced for informal cooperation .

9. Initiating StAR assistance
Make a request to the Coordinator –StAR Initiative at the contact addresses provided
StAR will often undertake a needs assessment; the implementation process will be agreed thereafter
In the case of the EAMJA--request already received for capacity building
While this will be arranged and provided as appropriate, StAR’s emphasis is on country engagements for a more focused approach
Anticipated that EAMJA will cascade to country requests
StAR advocates that training at the regional level will enhance international cooperation among the East Africa judiciary, allow for sharing experience and make a case for policy formulation at regional as well as domestic levels. Some of the assets move within the region and this provides a good forum. At the same time StAR believes that country-specific training offers an even better opportunity to address country specific needs. StAR is already engaging with 2 of them at the country level and it is hoped that the Association will advocate for eventual country-specific training to build on the region-level training

10. Thank you www.worldbank.org/star www.track.unodc.org
For more information please contact Jean Pesme--StAR coordinator at: