By Asian Development Bank
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Extra info for Asset Recovery and Mutual Legal Assistance in Asia and the Pacific: Proceedings of the 6th Regional Seminar on Making International Anti-Corruption St
In sum, many of the Initiative‘s members have room for improving their laws on MLA concerning proceeds of corruption. As for sharing confiscated assets with foreign countries, 15 members (56%) of the Initiative have legislation that touches upon the subject. In almost all cases, the legislation gives the requested State wide discretion on whether to share assets, without identifying what factors may be considered in making that decision. However, this discretion will be somewhat circumscribed when assets are confiscated pursuant to a request under the UNCAC.
Paragraph 4 states: Subject to the domestic laws of the Requested Party, property forfeited or confiscated pursuant to this Article may accrue to the Requesting Party unless otherwise agrees in each particular case. Paragraph 5 states: The requested Party shall subject to its domestic laws, pursuant to any agreement with the requesting Party transfer to the requesting Party the agreed share of the property recovered under this Article subject to the payment of costs and expenses incurred by the Requested Party in enforcing the forfeiture order.
The Working Group also ADB/OECD Anti-Corruption Initiative for Asia and the Pacific 32 Asset Recovery and Mutual Legal Assistance highlighted the importance to exchange expertise and opinions, share information, and build networks. Events such as the present seminar are the best opportunities for these tasks. Thus, let me thank you for your willingness to share your expertise, views and experiences, and encourage you all to benefit from this excellent opportunity. I wish to thank the Government of Indonesia for hosting this important event.
Asset Recovery and Mutual Legal Assistance in Asia and the Pacific: Proceedings of the 6th Regional Seminar on Making International Anti-Corruption St by Asian Development Bank