Pedro Gomes Pereira
Publications and news by Pedro Gomes Pereira.
Publications
Working Paper 17: The role of donors in the recovery of stolen assets
Financial crimes such as corruption, fraud, and embezzlement generate significant profits, often at the expense of the public budget. These proceeds of crime are usually hidden outside of the country where the crime was originally committed, and laundered through complex financial and commercial transactions, often spanning across numerous jurisdictions.
Asset recovery – the process of identifying, restraining, seizing, and repatriating these assets to the countries from whence they were originally stolen – is one of the greatest challenges for the global anti-corruption movement. Asset recovery is also an essential development challenge, as it usually involves repatriating funds back to a developing country where they were stolen, and where they could be used to support development projects.
As a bridge between aid recipient and donor countries, donor agencies are uniquely positioned to support asset recovery initiatives. Interesting examples are emerging of how donors can support asset recovery by:
- supporting international standards and initiatives;
- providing technical assistance and capacity building (most often through third parties);
- encouraging policy coherence at home;
- helping build political will; and
- providing assistance during the asset repatriation phase.
About this Working Paper
This paper is part of the Basel Institute on Governance Working Paper Series, ISSN: 2624-9650.
Emerging Trends in Asset Recovery
Street protests in the ‘Arab Spring’ countries have illustrated that public demand for recovering stolen assets has grown exponentially, as have expectations by concerned populations and governments. From a topic discussed in expert forums, it has thus become a topic of the people. The question is: Have practitioners and policy makers delivered on these expectations?
Clearly, since the ratification of the UN Convention against Corruption (UNCAC) ten years ago, much progress has been made in streamlining respective legal and institutional frameworks. On the other hand, we also find that practical successes on the ground remain few and far apart, and largely limited to a handful of countries.
This book asks why and, through the voice of renowned practitioners from a broad range of affected countries, analyses challenges that remain, identifies new stumbling blocks that have cropped up, and discusses practical solutions that are being tested with a view to overcoming these.
The book is published by the Basel Institute on Governance’s International Centre for Asset Recovery (ICAR).
Working Paper 14: Using money laundering investigations to fight corruption in developing countries
Anti-money laundering systems have the potential to curb the use of proceeds of corruption and other crimes by the perpetrators. An effectively implemented anti-money laundering framework limits the channels through which illicit funds can be laundered, making crime riskier and reducing the incentives for corrupt activities.
However, those who stand to benefit from corruption have strong incentives to block anti-money laundering programmes. In addition, these programmes face significant obstacles to effectiveness in most developing countries. Relevant institutions do not trust each other sufficiently to share information necessary for investigations. Counties lack qualified staff and necessary resources, and slow bureaucratic procedures are unable to keep up with the speed of financial transactions.
This paper explores these and other domestic obstacles and suggests strategies to overcome them, based on an analysis of the situations in Albania and Tanzania.
About this Working Paper
This paper is part of the Basel Institute on Governance Working Paper Series, ISSN: 2624-9650.
Study on Anti-Corruption Architecture of the Republic of South Africa
The Basel Institute on Governance participated in several workshops between 8 and 9 October 2012 with key stakeholders of the South African anti-corruption system (Asset Forfeiture Unit of the National Prosecuting Authority, Special Investigating Unit, Department of Public Service Administration, South African Revenue Services, National Treasury, Directorate for Priority Crimes Investigations of the South African Police Services) at a special session hosted by the Anti-Corruption Task Team (ACTT).
The purpose of these workshops was to present the findings and recommendations of the report produced by the Legal and Case Consultancy Team of the Institute with regards to the South African anti-corruption architecture. The study had been commissioned by GIZ South Africa, with the purpose of providing, among others, an overview of the requirements for the anti-corruption architecture of South Africa and elaborating on the international discourse on the concept of independence of anti-corruption bodies. The study further provided a comparable case studies with five different jurisdictions.
During these two days in Pretoria, South Africa, the Legal and Case Consultancy team also had the opportunity to meet with prosecutors and financial investigators to discuss, at an operational level, the asset recovery process in the country. Finally, the Legal and Case Consultancy Team also had the opportunity to meet with the Executive Committee of the Special Investigating Unit to further discuss in detail the findings and recommendations of the report, with a view to assisting the South African Authorities in establishing a cohesive anti-corruption strategy for the country.
Overview and Analysis of the Anti-Corruption Legislative Package of Mozambique
An expert from the International Centre for Asset Recovery, a part of the Basel Institute on Governance, visited Mozambique between 10-14 October with a view to conduct an on-site assessment of the anti-corruption legislative package that had been proposed by the Council of Ministers to the Assembly of the Republic. The project, jointly financed by USAID and DfID, sought to assess the impact of the package in the Mozambican legal system, as well as to benchmark it with the international and regional standards on preventing and combating corruption.
The anti-corruption package contained legislation on whisteblower and witness protection, a code of conduct and conflict of interest regulation, among others. In order to gain a full understanding of the processes and impact of the proposed legislation, the expert from the Institute met with different stakeholders from the Mozambican government from the Judiciary and the Executive branches, as well as with civil society actors and the team responsible for drafting the proposed anti-corruption package.
Non-State Actors in Asset Recovery
Non-state actors are of fundamental importance in the prevention and combating of corruption within asset recovery processes. Their roles and responsibilities were considered during an experts’ meeting hosted by the Basel Institute on Governance and the International Anti-Corruption Academy in September 2010.
This book contains essays presented at the meeting, written by practitioners and academics with extensive experiences in the numerous fields which comprise asset recovery processes. The contributions offer a diversity of views on roles which non-state actors (can) play in preventing and combating corruption and other forms of financial crimes.
The editors conclude by offering insights into ongoing challenges in asset recovery processes and ways to overcome these challenges.