The International Centre for Asset Recovery (ICAR) joined the Peruvian General Attorney Office and the Swiss Embassy in Peru for a workshop on “Seeking Effective Legal Mechanisms against Corruption and other Financial Crimes” held in Lima, Peru, on 23-24 March 2015.

The workshop was attended by local and international senior prosecution and investigation experts, representatives from concerned government agencies and central authorities as well as private sector. The workshop facilitated the sharing of experience and practice on the prevention, detection, investigation and prosecution of corruption cases, international cooperation and the recovery of the illegal proceeds generated by corruption and other financial crimes.  

In the area of prevention, the workshop presented the High Level Reporting Mechanism as a tool that is currently being tested in Colombia and Ukraine with a view to preventing and dealing with solicitation and extortion requests in high-risk areas. The concept has been developed by the OECD and the Basel Institute on Governance and is recommended by G20 governments and B20 member companies alike. A High Level Reporting Mechanism may serve as a way to prevent and reduce risk of bribe solicitation, address companies’ concerns, and assist larger processes aimed at creating a positive, corruption-free business environment with the ultimate objective to boost the country’s economic competitiveness.

Combining the topics of prevention and detection, the workshop then dedicated a full session to analysing the role of financial institutions and FIUs in relation to anti-money laundering and anti-corruption, and pointed to both the increasingly rigorous international standards in this regard as well as the challenges posed by the growing sophistication of financial crime.

In relation to the investigation of corruption and related crimes, the workshop found that coordination amongst LEAs is a key aspect in the criminal prosecution of financial crimes. In that regard, the workshop opened the possibility for a coordinated dialogue aimed at implementing financial investigation units within both the Peruvian Attorney General’s Office and the Procuraduria of the Ministry of Justice.

Finally, the workshop found that international cooperation has clearly improved in recent years, but that emerging new legal instruments, such as Non Conviction Based Confiscation, also put concerned authorities before new challenges when executing final decisions based on these instruments in requested States. Having gathered authorities from requesting and requested States, the workshop allowed for a unique opportunity to better explain the Peruvian Non Conviction Based Confiscation (Pérdida de Dominio) with a view to simplify its execution in concrete upcoming cases.

Beyond building knowledge in these areas, the workshop also helped establish networks and personal contacts that will facilitate future collaboration between concerned agencies both domestically and internationally.