The note evaluates the current legislation on the asset recovery process both at the EU and Member States level, with a view to assessing the need and the feasibility of establishing EU regulation on the use of confiscated assets for civil society and in particular for social purposes.

Corruption is one of the endemic evils in today’s world. The phenomenon has negative impacts on world poverty, democratic governance, progress and development. According to the World Bank, USD 20 to 40 billion is lost annually by developing nations because of corruption. With the adoption of the United Nations Convention Against Corruption (UNCAC), the international community aims at setting up a comprehensive global framework to contain and ultimately lower significantly the levels of corruption worldwide.

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?

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 Working Paper presents findings from a research project that sought to better understand decision-making processes on the return of illegally obtained assets using the examples of past cases of returning assets that had been stolen from Kazakhstan, Peru and the Philippines.

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.

The recovery of stolen assets is a fundamental principle of the UN Convention against Corruption (UNCAC). By including this element in the said Convention, the international community recognizes the negative impacts on countries and populations deprived of the billions of dollars that are diverted each year by their corrupt leaders and public officials.

Since the mid-1990s, the fight against corruption has become an integral part of the international development agenda. Along with the growing concern about corruption, the problem of assets stolen by public officials came to the fore of the agenda. This is evidenced by a steady increase in international agreements, such as the Organisation for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted in 1997, and the United Nations Convention against Corruption (UNCAC) signed in 2003.

This paper looks at the use of proceeds of asset recovered from Sani Abacha, Vladimir Montesinos, and Ferdinand Marcos and their families. It will also briefly address a much more recent case involving Kazakhstan.

Repatriation of stolen monies makes available additional resources for development activities. The challenge is to ensure efficient, accountable and transparent use of such assets, given states may lack capacity or political will and that corruption may be prevalent at various levels of government.

In many countries, criminal investigations are primarily directed towards the investigation of the underlying criminality. It is still comparatively rare for investigators, as a routine part of the investigation of major proceeds-generating offences, to “follow the money”. To trace money and property successfully, the investigator must be equipped to uncover and identify ownership interests often camouflaged by changes in the form and nature of the ownership.