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

(i) Identification, freezing, seizure and confiscation of the proceeds of crime

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

In particular, more attention should be given to the question of identification of proceeds for eventual confiscation.

(b) Permitting the seizure and confiscation, including forfeiture, where applicable, of criminal instrumentalities and proceeds wherever found

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

The requests made or received include restraining orders and orders for the confiscation of property or proceeds derived from illicit drug trafficking.

The new Penal Code provided for measures to confiscate the proceeds of crime (art. 55), in addition to the confiscation of property (art.

Increase the monitoring of explosive, weapons, fake documents, and ammunition transfers through effective border control, surveillance on smuggling, and confiscation of illicit proceeds.

States should consider confiscation of the proceeds of crime provisions to prevent funds obtained through illicit activities being used to fund terrorist activities.

Priority should also be given to judicial integrity and international cooperation on the confiscation, recovery and return of assets and the proceeds of crime.

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.

In addition, the 1988 Convention requires parties to enact legislation that allows them to confiscate the proceeds and instrumentalities of drug trafficking offences and to cooperate with one another in the identification, seizing, freezing and confiscation of such proceeds and instrumentalities.

In addition, although the confiscation of the proceeds of drug trafficking is one of the most effective tools to undermine drug trafficking organizations, it has been little used.

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.

On 28 January 2003, the President of the Union signed an Order on the laundering and confiscation of the proceeds of crime and on international cooperation in that regard.

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.

11. With regard to article 2, paragraph 3, of the draft convention, some participants shared the view that the notion of confiscation of illegal proceeds of crime was extremely important.

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

With reference to paragraph 3, Australia was of the view that a more detailed provision relating to the tracing, freezing and confiscation of the proceeds of crime would be required.

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.

With regard to the control of illicit drug proceeds, States have continued to enact laws providing for the following the detection and repression of money laundering activities the confiscation of proceeds the provision of mutual legal assistance in criminal matters, including drug related offences and the establishment of precursor control mechanisms.

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.

1. Each State Party shall adopt the measures needed to identify, freeze or seize any instrumentality or proceeds of the offences mentioned under this Convention, with a view to their eventual confiscation.

confiscation.

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.

Concerning the confiscation of proceeds derived from drug related crimes, in some countries laws have been introduced allowing such proceeds to be shared with the jurisdictions whose law enforcement agencies participated in the investigations of the offences leading to the forfeiture, as well as providing for the sharing of such funds with domestic agencies.

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.

Executive confiscation.

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.

52. The working group on criminal law also recognizes the need to strengthen international cooperation and mutual assistance, to introduce proceedings facilitating the confiscation of proceeds of corruption, and not to treat corruption as a political offence.