Freezing, seizure and confiscation of proceeds of drug trafficking offences

Freezing, seizure and confiscation of proceeds of other serious crimes

Seizure and confiscation of goods and proceeds, and closure of premises

States reporting measures for freezing, seizure and confiscation of illicit proceeds

Information was also provided on the confiscation of assets and proceeds of crime and the sharing of such proceeds.

Requests received from another State party for seizure or confiscation of goods or proceeds

The legislation of most of the States replying to the questionnaire (89 per cent) provided for the freezing, seizure and confiscation of the proceeds from drug trafficking offences and for the freezing, seizure and confiscation of proceeds derived from other serious crimes (71 per cent).

The legislation of most of the States (89 per cent) replying to the questionnaire in 2004 provided for the freezing, seizure and confiscation of the proceeds from drug trafficking offences and for the freezing, seizure and confiscation of proceeds derived from other serious crimes (71 per cent).

The cash based nature of some economies continues to present challenges to the targeting and confiscation of proceeds of crime.

Freezing, seizure and confiscation of proceeds derived from drug trafficking or other serious crimes, 1998 2000, 2000 2002 and 2002 2004

Freezing, seizure and confiscation of proceeds derived from drug trafficking or other serious crimes, 1998 2000, 2000 2002 and 2002 2004

Legislative, judicial and administrative measures adopted for the seizure and confiscation of goods and proceeds referred to in article 7 (a) of the Optional Protocol

Most representatives indicated that their national systems required final confiscation, obtained on the basis of a judgement, as a precondition for the sharing of proceeds of crime or property and outlined the different means by which confiscation could be obtained.

4. If proceeds of crime have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled proceeds.

5. If such proceeds of crime have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled proceeds.

To date, China has not received any request from another State party for seizure or confiscation of goods or proceeds as provided for under the Optional Protocol.

States were asked to report whether their legislation provided for the freezing, seizure and confiscation of proceeds of drug trafficking, in line with the provisions of the 1988 Convention.

In determining the amount to transfer, the Party holding the confiscated proceeds of crime or property may include any interest and appreciation that has accrued on the confiscated proceeds of crime or property and may deduct reasonable expenses incurred in investigations, prosecution or judicial proceedings leading to the confiscation of the proceeds of crime or property.

Manage the delivery of and deliver technical assistance to States on implementing legislation for the conventions, and international cooperation in criminal matters including restraint and confiscation of proceeds of crime

In their contributions, representatives illustrated in detail how the confiscation of proceeds of crime or property and their disposal were regulated in their respective countries and made reference to specific cases.

Confiscation of proceeds was identified by some speakers as an area where their country needed to gain additional knowledge and upgrade domestic legislation in order to reach full compliance with the Convention.

In determining the amount to transfer, the Parties shall agree on any issues related to interest and appreciation that has accrued on the confiscated proceeds of crime or property and the deduction of reasonable expenses incurred in investigations, prosecution or judicial proceedings leading to the confiscation of the proceeds of crime or property.

One tool highlighted by several speakers as particularly effective in that regard was a comprehensive regime for the freezing and confiscation of the proceeds of criminal activities, employing conviction and non conviction based approaches.

In addition, a case was described in which the return of proceeds of crime or property for the purpose of restitution to victims had been agreed to without a formal confiscation and as the result of negotiation.

Several speakers called for a renewed focus on the prevention and control of money laundering and the confiscation of criminal proceeds, with a view to impeding criminals from disguising and benefiting from their ill gotten gains.

1. This Convention shall apply, in accordance with its terms, to the prevention, investigation and prosecution of corruption and to the freezing, seizure, confiscation and return of the proceeds of offences established in accordance with this Convention.

Most States have meanwhile adopted legislation against money laundering, including provisions for the freezing, seizure and confiscation of proceeds of crime, while the percentage of States that have reviewed, simplified or strengthened judicial cooperation procedures since 1998 is encouraging.

confiscation.

Issues to be discussed relate to the recovery of the proceeds of the fraud from both countries (i.e. Xanadu and Zeitstaat) and Youngland (domestic measures and international cooperation in the control of the proceeds of crime, including freezing, confiscation, civil forfeiture or asset sharing) for the purpose of restitution to the victims, in addition to the criminal liabilities of all the persons involved.

Most States have, meanwhile, adopted legislation against money laundering, including provisions for the freezing, seizure and confiscation of proceeds of crime, while the percentage of States that have reviewed, simplified or strengthened judicial cooperation procedures since 1998 continues to increase.

In making the transfer, the Parties recognize that all right or title to and interest in the transferred proceeds of crime or property have already been adjudicated and that no further judicial proceedings are necessary to complete the confiscation.

Information was also provided on the establishment of jurisdiction based on the mandatory and optional grounds provided for under the Convention, as well as on the establishment of liability of legal persons and on provisions enabling the confiscation of proceeds of crime.

However, a specialised bureau of the Public Prosecution Service (OM), the Proceeds of Crime Bureau (Bureau Ontnemingswetgeving OM, BOOM), functions as a national expertise centre in the fields of seizure and confiscation in general (with a help desk and team of advisors).

Most States replying for the third reporting period (71 per cent, compared with 75 per cent for the second and 62 for the first) had adopted measures for the freezing, seizure or confiscation of proceeds of serious crimes other than drug trafficking.

(a) The terms proceeds of crime , confiscation and property shall be understood as defined in article 2 of the United Nations Convention against Transnational Organized Crime and article 1 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988

Confiscation and seizure

International cooperation for purposes of confiscation

Freezing, seizure and confiscation

Obligatory confiscation of plants and substances seized

Laundering of proceeds of crime

4. Calls upon Member States that have not yet done so, in furtherance of the fight against kidnapping, to strengthen their measures against money laundering and to engage in international cooperation and mutual legal assistance in, inter alia, the tracing, detection, freezing and confiscation of proceeds of kidnapping

1. Urges Member States to employ a comprehensive approach to combating trafficking in persons, incorporating law enforcement efforts and, where appropriate, the confiscation and seizure of the proceeds of trafficking, the protection of victims and preventive measures, including measures against activities that derive profit from the exploitation of victims of trafficking

Control of the proceeds of crime

(iv) International cooperation for purposes of confiscation (article 13)

International cooperation for purposes of confiscation (art. 13, para.