ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Mutual Legal Assistance, Extradition and Recovery of Proceeds of Corruption in Asia and the Pacific: Frameworks and Practices in 27 Asian and Pacific Jurisdictions – Final Report

ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Mutual Legal Assistance, Extradition and Recovery of Proceeds of Corruption in Asia and the Pacific: Frameworks and Practices in 27 Asian and Pacific Jurisdictions – Final Report
Author: OECD
Publisher: OECD Publishing
Total Pages: 321
Release: 2008-12-23
Genre:
ISBN: 9264100415

The purpose of this report is to provide an overview of the legal and institutional framework for extradition and mutual legal assistance in corruption cases in 27 of the 28 jurisdictions which have endorsed the Anti-Corruption Action Plan for ...

ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Strategies for Business, Government and Civil Society to Fight Corruption in Asia and the Pacific

ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Strategies for Business, Government and Civil Society to Fight Corruption in Asia and the Pacific
Author: OECD
Publisher: OECD Publishing
Total Pages: 218
Release: 2009-12-03
Genre:
ISBN: 9264077014

This conference proceedings explores (i) incentives for anti-corruption reform; (ii) the role of criminal law standards and corporate compliance mechanisms; (iii) private-to-private corruption; (iv) preventing and managing conflicts of interest and (v)involving development partners.

Asset Recovery Handbook

Asset Recovery Handbook
Author: Jean-Pierre Brun
Publisher: World Bank Publications
Total Pages: 348
Release: 2021-02-08
Genre: Business & Economics
ISBN: 1464816174

Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.

Cross-Border Law Enforcement

Cross-Border Law Enforcement
Author: Saskia Hufnagel
Publisher: Taylor & Francis
Total Pages: 300
Release: 2012-04-27
Genre: Law
ISBN: 1136697276

This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.

Orders Without Borders

Orders Without Borders
Author: Stefano Betti
Publisher: World Bank Publications
Total Pages: 203
Release: 2022-06-15
Genre: Law
ISBN: 1464818304

This book offers an in-depth analysis of the concept of the direct enforcement of foreign restraint and confiscation orders, a crucial step in the process of asset recovery, including existing legal approaches and related challenges. In order to provide a balanced and informed overview, 31 jurisdictions, representing different United Nations regional groups and legal systems (civil law / common law / mixed systems), were selected as the focus of the analysis. This approach provides a meaningful picture of the situation worldwide from which generally applicable guidance could be drawn. The study suggests a series of practical steps and good practices for consideration by (1) countries exploring the possibility of introducing a direct enforcement mechanism into their domestic legal frameworks and (2) countries that are already in a position to directly enforce foreign confi scation orders but that are considering options to streamline processes and maximize results obtainable via direct enforcement approaches. This new StAR Initiative knowledge product is addressed to a broad range of law enforcement, justice, and asset recovery practitioners, as well as bodies involved in legislative and regulatory processes. It will be a useful tool in their work.