See English version here.
Bolivia, Ecuador y Perú albergan algunos de los bosques más importantes del mundo, y la madera constituye un recurso natural de gran valor. Proteger estos bosques frente a las amenazas que representa la corrupción es fundamental no solo para preservar la biodiversidad y mitigar el cambio climático, sino también para salvaguardar los medios de vida de las comunidades locales.
Bolivia, Ecuador and Peru are home to some of the world’s most important forests, and timber is a valuable natural resource. Protecting forests from threats posed by corruption is essential not only for protecting biodiversity and mitigating climate change, but also for protecting the livelihoods of local communities.
Few disagree that asset recovery plays an important role in the fight against crime – but recovering assets in practice means balancing complex priorities and issues around justice, legality and human rights.
We are delighted that our highly successful programme to strengthen public finance management at the regional and local levels in Peru is entering its third four-year phase.
Funded by the Swiss State Secretariat for Economic Affairs (SECO) since 2013, the Programa GFP Subnacional aims to improve how public finances are managed and spent at the subnational level and to optimise the delivery of public services to Peruvian citizens.
Latin America has seen various legislative efforts in the fight against rampant economic and organised crime and in the endeavour to recover illicit assets relating to these crimes. Among theses efforts is a wide variety of non-conviction based (NCB) forfeiture regimes and applicable standards.
NCB forfeiture allows for the recovery of illicit assets autonomously, i.e. outside of criminal proceedings, through an independent judicial process that applies civil rules and is directed against the asset itself (in rem).
This Working Paper explores the wide variety of non-conviction based (NCB) forfeiture laws in Latin America, with a special focus on the region’s predominant model, Extinción de dominio.
It argues that NCB forfeiture legislation, which allows for the recovery of stolen assets outside of criminal proceedings, can contribute significantly to a state’s criminal policy response to rampant economic and organised crime.
Corruption in the timber trade is a serious threat, economically and environmentally. Forest-rich countries in Latin America are particularly exposed.
Those include Bolivia, Ecuador and Peru, where our Green Corruption programme has been working with forestry authorities and environmental agencies to help them assess and mitigate corruption risks.
This publication (in Spanish) focuses on the use of non-conviction based forfeiture legislation in Peru (Extinción de Dominio) to recover instrumentalities of crime. It is a collaborative effort of asset recovery experts of the Basel Institute on Governance under the Programa GFP Subnacional or Subnational Public Finance Management Strengthening Programme in Peru, funded by the Swiss SECO Cooperation.
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.
USD 94 million dollars is the amount of money recovered so far by the Peruvian State through its Extinción de Dominio law, according to Attorney General Juan Carlos Villena Campana.
Introduced in 2018, the non-conviction based forfeiture law has been rolled out across the country via a subsystem of specialised prosecutor’s offices, tribunals and courts. The development and implementation of the law was supported by the Basel Institute and its International Centre for Asset Recovery (ICAR), which has worked with the country’s criminal justice authorities since 2013.