A new guide to non-conviction based forfeiture published by GAFILAT, the Latin American body of the Financial Action Task Force (FATF) sets out good practices for this powerful but under-used form of asset recovery legislation. It also emphasises the need for laws to align with both domestic constitutions and international human rights standards.
The crypto industry has exploded in recent years, and authorities in different countries have been reacting in very different ways. Some have banned cryptocurrencies, while others are embracing them to varying degrees. Some are working hard to align their anti-money laundering regulations with FATF standards, while others are turning a blind eye. A few countries have confiscated huge quantities of crypto assets linked to crime and money laundering.
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Latin America’s model law on non-conviction based forfeiture of illicit assets turns 10 – what now?
A model law on non-conviction based forfeiture (NCBF), drafted 10 years ago by UNODC to support countries in Latin America in their efforts to recover stolen assets, will be updated following four days of intense discussions among practitioners and asset recovery experts from across the continent.
Twenty-five practitioners from 12 countries gathered online on 29 June for the first virtual meeting of the new Knowledge Community on Asset Recovery in Latin America.
An initiative of the Basel Institute’s International Centre for Asset Recovery, the regional Knowledge Community provides a collaborative space for interaction between leading practitioners in the field of asset recovery and international judicial cooperation in criminal matters.
On February 3, 2019, 37-year-old former mayor of San Salvador Nayib Bukele – the charismatic, anti-establishment, fringe-party candidate – won 53 percent of the vote in El Salvador’s presidential election. He takes office in June. The challenge confronting Bukele is stark, especially when it comes to the rule of law. But there are concrete things the international community can do to help the new president and his citizens.