As the war in Ukraine intensifies, calls are growing for states to confiscate Russian assets frozen under sanctions and redirect them to provide support to Ukraine. Our latest Working Paper argues that states can and should do this by enhancing the effectiveness and scope of established asset recovery measures – not by introducing new untested mechanisms that risk inviting future legal challenges, defeating the purpose of sanctions and violating the rule of law.
Written in the light of Russia's war of aggression in Ukraine, the Working Paper explores whether it is justifiable to confiscate assets frozen under financial sanctions in order to redirect them to the victims of state aggression.
The paper first explores the concept of sanctions and financial sanctions (asset freezes) and what they mean in practice.
The final recommendation of the Commission of Inquiry into Money Laundering in British Columbia (‘the Commission’) urged the government to legislate an unexplained wealth order (‘UWO’) as part of a wider approach to counter the prevalence of money laundering and proceeds of crime in the province.
This document analyses the feasibility of this recommendation. It:
“Money laundering is a significant problem requiring strong and decisive action,” concluded Honourable Austin F. Cullen in the final report of his widely discussed Commission of Inquiry into Money Laundering in British Columbia in June 2022.
In Québec, construction is a major industry, with investments in 2014 of nearly $48 billion (CAN$), or 13% of the province’s GDP. Québec construction association (Association de la construction du Québec or ACQ) represents more than 60% of the province’s builders. But Canada’s second largest province has been through a major crisis of confidence after investigative journalists uncovered corruption and collusion in public construction contracts. This led authorities to launch a public Inquiry in 2011.