REPORTS OF THE PROGRAMM EGROUP 1
EFFECTIVE MEASURES TO IDENTIFY, TRACE, FREEZE/SEIZE,CONFISCATE AND RECOVER PROCEEDS OF CRIM E
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Adviser

M r. Mohamed Al Jaifi
M r. Toshio Kawai
M s. Zihna Naseer
M r. Rizki Baihaqi
M s. Yukari Kotani
M r. Tseden-Ish Shinebayar
M r. Frederico Paiva
M r. Masashi Kaino
Prof. Shinichiro Iwashita(Yemen)(Japan)(M aldives)(Indonesia)(Japan)(M ongolia)(Brazil)(Japan)(UNAFEI)

Contents
I. INTRODUCTION
II. MEASURES TO IDENTIFY AND TRACE THE PROCEEDS OF CRIM E
A. Asset Declaration
B. Illicit Enrichment
C. Financial Intelligence Units (FIU)
D. Cooperation with Financial Institutions
E. Cooperation between International Financial Institutions
F. Capacity Building of Investigators in Financial Investigation
III. MEASURES TO FREEZE/SEIZE THE PROCEEDS OF CRIME
IV. EFFECTIVE CONFISCATION OF PROCEEDS OF CRIM E
A. Conviction-Based Confiscation
B. Non-Conviction-Based Confiscation
V. RECOVERY OF CONFISCATED PROCEEDS OF CRIME
A. Current Situation/Challenges of Asset Recovery
B. Adequate Legislation for Securing the Return of Crime Proceedsfrom Foreign Countries
VI. INTERNATIONAL COOPERATION AND M UTUAL LEGAL ASSISTANCE
A. International Conventions
B. INTERPOL
C. Treaties and Agreements
D. International Cooperation Using Formal Channels
E. Reciprocity
F. International Cooperation Using Informal Channels
G. Acquiring Experience and Expertise in International Cooperation and
Legal Assistance
VII.CONCLUSION

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I. INTRODUCTION
The criminal justice systemʼ
s role is veryimportant in the fight against corruption.It is vital to havea criminal justice system where the investigators can investigate and identify, trace, freeze/seize,
confiscate and recover proceeds of crime. To succeed in combating corruption, every jurisdiction
should have laws and measures to punish the corrupt offenders and deprive them of proceeds ofcorruption. Today, the world is globalized, and the criminal offenders usually do not hide the assets
obtained through means of crimes or invest their proceeds from crimes in their own countries.Hence,
to fight against this universal crime called corruption all the countries need international cooperationand mutual legal assistance.

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II. M EASURES TO IDENTIFY AND TRACE THE PROCEEDS OF CRIME
A. Asset Declaration
Obligating public officials to declare their assets is one way in which law enforcement agencies canidentify and trace proceeds of corruption.Some countries that have already obligated public officials
to declare assets start their investigation by analyzing asset declaration statements. However, when
the assets are registered in the names of third parties (like drivers or wives),when the corrupt officials
do not disclose the assets or when they register their assets under fictitious legal personʼ
s names,it isvery difficult for the law enforcement agencies to do an investigation based on the asset declaration
statements. Therefore, countries must have appropriate laws that clearly state who should declaretheir assets,how they should declare their assets and when they should declare their assets.The laws
should also state what will be the penalty if one does not declare his/her assets.Countries also should
adopt other necessary measures to strictly enforce the asset declaration law.
In Japan, only politicians are mandated to declare their assets (under the Parliamentarians Assets
Disclosure Law). In Brazil, all public officials have to disclose their assets every year (under the
Improbity Administrative Law).In Indonesia,the Anti-Corruption Law clearly states that high-ranking
officials have to disclose assets every four years, and also when a public official gets promoted ortransferred he/she must declare assets.According to the Anti-Corruption Law of Mongolia,all public
officials, except for junior public officials of the service sector, like the education and health sectors,
must declare their assets and income every year. Newly appointed public officials must also declaretheir assets within one month of their appointment.If the assets of public officials increase more thanaround USD 26,000,then that official must declare the increase in assets within one month.In Yemen,
the Asset Disclosure Law (Law No.30/2006)states that the Supreme National Anti-Corruption Council(SNACC)has the mandate of implementing that law.Under that law all public officials above the rankof Director General (including Director Generals) and who work in financial jobs are required todeclare their assets,the assets of his/her spouse and assets of their children under 21 every two years
except for public officials of national security and political security organizations.The asset declaration law requires the members of SNACC to declare their assets,assets of his/her spouse and assets of
their children under 21 to the Parliament. The SNACC can check and analyze the asset declaration
statement at any time and/or if there is an ongoing investigation of that person.Also SNACC can ask
any public official to declare his/her assets at any time when there is something suspicious.In Yemen
and M ongolia, the anti-corruption agency mandated to implement the asset declaration law can open
the statement at any time and can start a corruption investigation based on it.
B. Illicit Enrichment
Countries like Maldives, Indonesia and Brazil cannot start an investigation only based on asset
declaration statements of public officials or politicians because illicit enrichment is not criminalized inthese countries. M ongolia criminalized illicit enrichment in 2012.Although criminalizing illicit enrichment would be a tremendous advantage in identifying and tracing proceeds of crime,it would be very
challenging to criminalize illicit enrichment because it is in contradiction with the constitutional
fundamental right to acquire and possess property. Also, some countries judicatures and legislaturesstrongly believe illicit enrichment violates criminal justice principles as the burden of proof shifts tothe suspect. Although illicit enrichment is not criminalized in Japan, in tax evasion cases or bribery
cases the investigator can ask the suspect to explain how he/she obtained the suspicious property.
Similarly,in M aldives in bribery cases,the suspect is required to establish that the money and property
in excess of his/her lawfully known income was not obtained through bribery.
C. Financial Intelligence Units (FIU)
It is very important to have an FIU in each country to identify and trace proceeds of crime because
the information from FIUs helps tremendously in corruption investigations.M ost of the countries have
FIUs and they share suspicious transaction reports (STR)with relevant authorities.In some countries
the FIU is an independent institution, while in other countries it functions under the central bank.
However, FIUs in different countries function differently. In some countries the FIU functions very
efficiently and gives information about STRs to the law enforcement agencies. Having an FIU is not
sufficient;the FIU must cooperate and communicate with law enforcement agencies promptly when
they notice a suspicious transaction,as the speed of information is vital to trace the proceeds of crime127

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and recover it. To ensure that the FIU sends STRs to the law enforcement agencies in a speedy andeffective manner,countries must have a legislative framework which requires the FIU to function thatway. In Indonesia, Maldives and Yemen the Anti-M oney Laundering laws, Anti-Terrorism Laws andother criminal laws mandate FIUs to send STRs to law enforcement agencies, while in Japan, suchreporting is required by the Act on Prevention of Transfer of Criminal Proceeds.
D. Cooperation with Financial Institutions
In tracing proceeds of corruption,the banks play a vital role.Hence,it is of utmost importance tohave banking laws which require banks to know their clients and cooperate with law enforcement
agencies in providing bank account details ofsuspects.In Indonesia the corruption investigators use theAnti-Corruption Law to get the account details of suspects and their first degree family members.
However, to get bank details of other related parties the investigators should use anti-moneylaundering laws. To get the bank details of a suspect and related parties,the investigator must know
the bank in which he/she has deposited the proceeds of corruption.Also the investigator has to prove
the relation between the suspect and the related party and must provide evidence as to why he/she isa party to the crime. In Indonesia, Komisi Pemberantasan Korupsi (KPK)has informal relations with
the Association of the Banks to get information regarding suspectʼs accounts and also the KPK has an
M OU with the Central Bank of Indonesia.In M ongolia,the Anti-Money Laundering Law mandates all
financial institutions to give suspectʼs bank information to the law enforcement agencies.In Maldives,
the Banking Law,Anti-M oney Laundering and Anti-Terrorism Act and Prevention and Prohibition of
Corruption Act obligate banks to give information about bank accounts when requested by Maldives
Police Services and the Anti-Corruption Commission.In Japan,the police and prosecutors can request
banks to provide bank account details of the suspect without a court warrant.However,in Brazil,thelaw enforcement agencies must get court orders in order to get bank account details of suspects. In
Brazil, the law enforcement agencies have to communicate with each bank separately, and it is time
consuming because some suspects have accounts in several banks.
E. Cooperation between International Financial Institutions
Cooperation and information sharing between foreign financial institutions and other relevant
foreign institutions is equally important as information sharing between national banks and othernational financial institutions. In todayʼs world where you can do everything via internet,the corrupt
offenders use banks all over the world,especially in countries where the bank secrecy laws are robust.
When countries want to get information from banks in countries where a court warrant is not required
to get the bank details of a person,then getting a court warrant is not necessary.In that case,the law
enforcement agency can request the relevant organizations to get the bank account details.Therefore,
whether or not a court warrant is required depends on the national law ofthe countries.Ifthe requested
countryʼs law requires getting a court warrant, the requesting country may use M LAT or MLAA or
request the relevant law enforcement agency to get a court warrant. The cooperation between those
relevant organizations and the law enforcement agency is the key factor to getting the informationnecessary for investigation, identifying and tracing proceeds of crime.
F. Capacity Building of Investigators in Financial Investigation
It is necessary to analyse financial evidence thoroughly in order to identify the proceeds ofcorruption and to seize them. To do that law enforcement agencies need skilled personnel. Hence,
continuous capacity building of investigators to upgrade the knowledge and skills and specializing
investigators in the field of digital forensics and forensic accounting is essential to analyse financial
evidence. The banks usually use electronic systems,and they send files in electronic form.Therefore,
law enforcement agencies need more efficient and skilled public servants to use electronic systems andanalyse the reports.

III. M EASURES TO FREEZE/SEIZE THE PROCEEDS OF CRIME
The rapidness of freezing/seizing of proceeds of corruption matters in all corruption cases. If theprocess is not speedy then the corrupt offenders can move their proceeds to some other safe havencountry and then it will be verydifficult to trace those proceeds and recover them.Thus,countries musthave adequate laws to freeze/seize relevant property speedily.

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In Japan,the police and Securities and Exchange Surveillance Commission (SESC)have an information sharing relationship. To freeze proceeds of corruption in banks, the law enforcement agencies
must get a court order.The law enforcement agencies can get a court order only if they submit enoughevidence to satisfy the judge to issue a court order to freeze. Although, there is a requirement to geta court order,the court process is very speedy in Japan.The police officers in Japan are able to freeze
property in the early stages of investigation,and they can go directly to the court to get a court order,
which is a very fast and effective system. Similar to Japan, the criminal code of procedure in Brazil
states that a law enforcement agency can freeze suspected property by obtaining a court order.
However, in Brazil the process for freezing is not fast enough because the court process in Brazil israther slow compared to Japan.
The laws relating to freezing/seizing in M ongolia, Yemen, Maldives and Indonesia give power tolaw enforcement agencies to freeze/seize property without getting a court order. Therefore, the law
enforcement agencies can freeze/seize property rapidly.The laws in these countries obligate the banks
under the jurisdiction of those countries to disclose confidential information upon request from acriminal investigative body.
The amount of proceeds of crime that can be freeze/seized differs from country to county. In
M aldives and Indonesia it is up to the law enforcement agency to decide what and how much to freeze.
However,in Japan and Brazil it is in the discretion of the judge to decide how much and what proceedsof corruption to freeze/seize based on the evidence submitted to the court,by taking into consideration
the opinion of the requesting authority.

IV. EFFECTIVE CONFISCATION OF PROCEEDS OF CRIME
The key factor in combating corruption is depriving the corrupt offenders of the proceeds of crimeby confiscating the proceeds. Almost all the countries in the world use conviction-based confiscation.
However, the United States of America confiscates assets in civil trials. In civil trials, the case isagainst the proceeds of crimes as the wrongdoer;i.e.U.S.v.Condominium.In civil-based confiscation
unlike the criminal-based confiscation,criminal charges against a person are not required,and even if
there is no conviction of a suspect, the proceeds of crime can be confiscated. Conviction-based
confiscation takes time to confiscate the proceeds of crime as the owner must be convicted of a crime.
The suspect will only be convicted if the prosecutor submits enough evidence to prove that the suspect
was guilty of the crime beyond a reasonable doubt.On the other hand,non-conviction-based confiscation takes less time and is an easier way to deprive the corrupt offenders of proceeds of crime as theburden of proof required is lower in civil trials.
A. Conviction-Based Confiscation
Every country in Group 1 has adequate laws for conviction-based confiscation and enforcement ofconviction-based confiscation of proceeds of corruption. The procedure is that the investigator orprosecutor submits evidence to court to confiscate the asset and the Judge then decides what assets may
be confiscated or how much can be confiscated once the corrupt offender is convicted. In one suchconviction-based case the KPK confiscated 50 luxury cars and 100 units of apartments.
B. Non-Conviction-Based Confiscation
In Brazil, M ongolia, Indonesia, Maldives and Japan non-conviction based confiscation is not
stipulated in the law and the judicial systems do not sanction non-conviction based confiscation. It is
impossible to have such a law in most of the countries because it contradicts the constitutional rightto acquire and own money and property.Furthermore,the legislatures of some countries will not enact
such laws as it might open a gateway for the law enforcement agencies to strip politicians of theirassets even though they are not guilty of any crime. Although non-conviction based confiscation isagainst some judicial and fundamental human rights principles, it is an essential tool to deprive thepowerful corrupt offenders who can hire the best attorneys and consultants.

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V. RECOVERY OF CONFISCATED PROCEEDS OF CRIME
A. Current Situation/Challenges of Asset Recovery
The work towards eradicating corruption, bringing the corrupt offenders to trial and recovering
proceeds of crime is not an easy task.Countries face legal and practical hinderances and challenges ininvestigating, identifying, tracing, freezing/seizing, confiscating and recovering proceeds of crime.
M ost of the countries do not have vital laws required to do the work effectively. It is noteworthy
that the majority of the challenges are due to the lack of essential laws required to investigate,traceand recover proceeds of crime. In addition to this,it is of utmost importance to update the laws thatexist, so that they serve the purpose for which they are enacted.
Furthermore, developing countries face the challenge of lack of funds to cover the expenditure to
trace the proceeds of crime.Also in developing countries investigative authorities do not have officers
who have adequate knowledge and experience to identify, trace, freeze/seize, confiscate and recoverproceeds of corruption. The corrupt offenders are sometimes more clever than the investigators, andthey are very good in hiding proceeds of crimes.The corrupt offenders have the money to hire the best
consultants and lawyers, and they use the latest technology to hide their crimes. Asset recovery is a
new concept and countries need investigators and prosecutors who have the knowledge and techniqueto cope with that type of investigation.
As some countries are still in the early stages of democracy,there are many challenges which haveto be tackled by the three primary organs of the State. States should have proper administrative
structure to function efficiently and speedily.Bureaucracy and lack of political will in government of
the states to fight against corruption and recover proceeds of crime is one major reason why somecountries are unable to recover the public funds misappropriated by the powerful public officials andpoliticians.
The corrupt offenders usually do not hide their ill-gotten assets in their own country. In todayʼshigh-tech world everything is so fast and easy and with a click of the computer keyboard the corrupt
offenders can transfer their money to any bank in the world and can invest their ill-gotten money
anywhere in the world. To trace, confiscate and recover assets or proceeds of corruption hidden inanother country,countries require dual criminality to exist and also to have an MLAT or to go throughofficial procedure by contacting relevant authorities. These procedures take a long time, which
impedes the investigation and sometimes it takes more money than the proceeds of corruption to
identify and trace it. Hence, countries should give priority to ratifying laws to secure the returns ofproceeds of crime from other countries by signing M LATs and M LAAs specifically with countries inwhich the corrupt offenders tend to hide their proceeds.
B. Adequate Legislation for Securing the Return of Crime Proceeds from Foreign Countries
Countries must establish necessary legislative and other measures in their domestic systems tofacilitate the return of the proceeds of corruption. Even if countries have laws which govern how tosecure proceeds of crime from other countries,it might not be relevant to another country as different
countries have different legal jurisdictions. Hence, to secure and bring back the corrupt money andassets, countries treat cases according to the laws of the countries where the money or assets are
hidden.
The United Nations Convention Against Corruption (UNCAC) is an adequate convention as theconvention stipulates recovery and return of proceeds of offences.In Indonesia,domestic laws like theAnti-Corruption Law and the Anti-M oney Laundering Law are in line with UNCAC and those laws
specify asset recovery from foreign countries.Yemen,Mongolia and M aldives do not yet have special
laws about recovering assets from foreign countries and the return of proceeds of crime from foreigncountries.However,in Japan there are a few articles about asset recovery in laws related to crime(Acton Punishment of Organized Crime etc.).Those laws state that Japan can receive a certain amount ofproceeds of crimes from foreign countries.

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VI. INTERNATIONAL COOPERATION AND MUTUAL LEGAL ASSISTANCE
A. International Conventions
The United Nations Convention Against Corruption (UNCAC)is a very comprehensive convention
and it is a vital tool that could be used to return the proceeds of corruption offences. It provides aframework for cooperation between countries to identify, confiscate and return the proceeds. For
stronger cooperation between countries in recovering proceeds and returning those proceeds countries
must also sign regional conventions on M LA and other relevant conventions through which countries
can seek M LA. M aldives is a signatory to the South Asian Association for Regional Cooperation(SAARC)convention on M utual Legal Assistance in criminal matters,and also Japan,Brazil,M ongolia
and M aldives are signatories to the International Organization of Securities Commissions (IOSCO).If
the member states of these conventions sign M OUs with other member states to request informationand provide information, it would be a vast help in detecting and returning proceeds of crime.
B. INTERPOLINTERPOL is an organization widely used throughout the world to cooperate between countries toshare information regarding offenders.If a countrywants to find a person,INTERPOL is a tremendous
assistance. Police officers use INTERPOL more than other law enforcement agencies. Police areexperienced and very familiar with how to use this channel. Once a country requests INTERPOL toshare the whereabouts of an offender or to return offenders to the country,the response from INTERPOL is swift.All the countries have success stories of cooperating with INTERPOL through the police.
If a person against whom a red notice is issued enters a country, most countries require a court
order to arrest that person or to extradite that person immediately because a court order is required
to do so. However, countries can give information about the suspectʼs whereabouts like when he/sheentered that country, when he/she left that country and which country he/she has gone to. In Japan,
a court warrant is required to arrest,apprehend or extradite the offender.If countries want to acquire
information about an offender or to return an offender,the most effective way is to use the INTERPOL
and M LAT together.
C. Treaties and Agreements
Although countries have ratified certain conventions,theystill need to have bilateral or multilateralagreements with foreign countries to secure and return proceeds of crimes from foreign countries.
Thus,the most beneficial and convenient legal method to secure and bring back the corrupt offendersʼillicit money and property is by using treaties. Brazil has bilateral and multilateral agreements with17 countries while M ongolia has M LATs with 15 countries.Japan has an MLAA with Hong Kong andthe European Union and an M LAT with the USA,South Korea,Russia and China in order to seek andprovide assistance.Maldives has not yet signed MLATs or M LAAs to cooperate with other countries
to confiscate and return proceeds of corruption. So far Japan and M aldives have not requested or
received assistance from foreign countries in crimes of corruption.However,Japan received assistancefrom Switzerland on a financial crime case committed by a Japanese crime group by negotiation basedon reciprocity.
D. International Cooperation Using Formal Channels
M ost of the countries provide international cooperation and mutual legal assistance usuallythroughformal channels,and in most countries those formal channels are either the M inistryofForeign Affairs
or the M inistry of Justice(M OJ).In Yemen,if a country requests assistance related to corruption cases,
the country should contact the M inistry of Foreign Affairs and then that Ministry will communicate
to the request to the Supreme National Authority for Combating Corruption (SNACC)and the MOJ.
In Indonesia,the central authority to be contacted is the M inistry of Law and Human Rights.In Japanand M ongolia, the central authority to be contacted is the M OJ while in Brazil it is the Departmentof Recovery of Assets and International Cooperation (DRCI).However,in Brazil the central authority
to be contacted by Canada and Portugal is the Prosecutor Generalʼs Office as that is the procedure
stipulated in the MLAT with those two countries.In Maldives,countries have to submit requests to the
M inistry of Foreign Affairs, and then that M inistry will direct the request to the relevant authorities
like the Attorney Generalʼs Office, the police or the central bank (see appendix 1).

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E. Reciprocity
M ost countries seek and provide M LA and cooperate with each other to return proceeds of crimes
without treaties and agreements by negotiation based on reciprocity.Japan predominantly depends onreciprocity,which is one of the most crucial factors for MLA.When a countryrequests another country
for legal assistance,the request must clearly state the terms of reciprocity.To seek and provide M LA
based on reciprocity, it is very important to build relationships and trust with relevant authorities inother countries.
F. International Cooperation Using Informal Channels
Utilizing informal channels is a convenient and speedier way to get MLA. If a law enforcement
officer uses informal channels and avoid bureaucracy it will stimulate and motivate the officer to do
the work better and make more effort to recover proceeds as informal channels are speedier than theformal channels. Law enforcement officers need to make phone calls asking for information on
contacts in foreign countries without fear. Countries can build relationships and trust with othercountries by attending international trainings,forums and meetings.The officials who attend international trainings,forums and meetings must report to their authorityabout the contact persons and musthave a database.
G. Acquiring Experience and Expertise in International Cooperation and Legal AssistanceInternational cooperation and mutual legal assistance is a relatively new area and most of thedeveloping countries do not have adequate knowledge, expertise and experience in this area. To
acquire the knowledge, expertise and experience, respective organizations of countries have to giveon-the-job training to the investigation officers,prosecutors and other personnel who work in that areaof international cooperation and mutual legal assistance. The relevant staff can acquire knowledge
through training courses like international investigation courses as those courses teach about M LAT
and international cooperation. Indonesia shares information with some countries regarding international cooperation relating to recovery of proceeds of corruption,and in that way the law enforcement
officers in those countries gain knowledge and expertise.In Indonesia,Mongolia and M aldives,the law
enforcement officers who participate in international trainings are mandated to conduct in-housetraining for those who do the same work in the organization.
In order to train law enforcement officers on international cooperation and mutual legal assistance,
countries must have guidelines and manuals which will guide the officers to handle the cases more
efficiently and to succeed. Law enforcement officers can acquire knowledge and become efficient intheir work by reading guideline books and by reading materials prepared by former law enforcement
personnel who already have the experience and the expertise. Having a manual which includes pastcases and experience is essential as it would teach the officer what route to follow when attending asimilar case and it will speed up the investigation. The central authorities of Brazil have guidelines(manual)that the law enforcement officers can use to get international cooperation. INTERPOL has
a guideline on how to get information via INTERPOL and most police officers who work in theinternational cooperation section use those guidelines to get information through INTERPOL.
As well as making guidelines, on-the-job training is also effective. In Japan, public prosecutorsʼ
offices have some effective systems to enhance ability of prosecutors in the field of international
cooperation.The M OJ,which is the central authority in Japan,has an International Division in chargeof M LA matters, where there is a Director, Deputy Director and 4-5 Prosecutors. The prosecutors of
the International Division are appointed from those who have around 7-10 yearsʼexperience as aprosecutor in each district public prosecutorsʼoffice (It is not required for them to have knowledge ofM LA), and can acquire sufficient knowledge and experience on international cooperation and mutual
legal assistance through their work for 2-3 years.After that,most of them go back to the district publicprosecutorsʼoffices, and they are expected to play important roles in the field of international
cooperation. M oreover, some prosecutors not only work at the International Division of the M OJ but
also are dispatched to the Embassy of Japan as First Secretaries, such as in the USA, UK, France,
Germany, Korea, China, Geneva and Brussels. They work for three years in the legal section of theembassy, and they can become experts of MLA between Japan and various countries and meet many
contact persons and use those contacts as informal channels.After finishing their terms,they go backto the M OJ or public prosecutorsʼoffice,and are expected to lead or supervise prosecutors in the field132

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of international cooperation. For example, some are appointed as Director or Deputy Director of theInternational Division of the M OJ,and some are transferred to the Special Investigation Bureau of theTokyo District Public ProsecutorsʼOffice, where they investigate corruption cases committed bypoliticians and high-ranking officers independently and request MLA form foreign countries in thestage of their investigation, as experts on international cooperation. In addition, recently, several
public prosecutorsʼoffices in the large cities in Japan set one public prosecutor in charge of international cooperation and MLA, and the M OJ holds conferences and seminars for them 2-3 times a year
to enhance their knowledge and skills in the field of international cooperation and M LA.In Japan,thecircle of the on-the-job training system explained above works well to train more prosecutors.

VII. CONCLUSION
We recommend countries to adopt effective legislative, administrative and other measures to
identify, trace, freeze/seize, confiscate and recover proceeds of corruption. UNCAC is a legal framework which is adequate to investigate and recover proceeds of crime. However, ratifying UNCAC isnot sufficient. Countries must adhere to the convention and should adopt such legislative,administrative and other measures as may be necessary to harmonize the national laws with UNCAC.
Furthermore, we recommend countries to ensure that their laws are up-to-date for freezing andconviction-based confiscation of proceeds of corruption.The corrupt offenders exploit the technology
to transfer their illegitimate funds from one country to another.In this high-tech world,countries mustensure the laws and other mechanisms laid down to identify,trace and freeze assets are adequate andthe mechanism laid down to do so is rapid.Additionally countries may consider adopting and utilizing
non-conviction based confiscation as it is a vital tool in the modern era to deprive corrupt offenders of
their criminal proceeds. This is because corrupt offenders are often able to hire the best attorneys to
exploit the legal loopholes and establish themselves as innocent in criminal court proceedings.
We recommend improving the law enforcement structure of countries to cooperate with law
enforcement agencies and make investigations faster to recover assets.Countries may enact laws thatemphasize the cooperation between law enforcement organizations and financial institutions to facilitate the effective tracing and confiscation of proceeds of crime. Also countries may establish mechanisms in which the relevant authorities must cooperate, coordinate and share information with law
enforcement agencies to identify and trace proceeds of crime. As it is important to have cooperation
between law enforcement agencies without power conflicts and effective collaboration of law enforcement agencies, countries must clearly state the roles and functions of each institution in the relevant
laws. Furthermore, we recommend countries to design standards and procedures to safeguard theintegrity of law enforcement agencies to avoid leaking of information and jeopardizing investigations.
We recommend countries to criminalize illicit enrichment as a control measure to prevent corruption of top-ranking public officials and politicians and to deprive the corrupt public officials of theirillicit money and property subject to constitutional and fundamental principles of the countryʼ
s legalsystem.
We recommend countries to enact laws, sign treaties agreements and adopt other administrative
measures and arrangements to give cooperation to each other to the fullest extent possible to investigate, confiscate and return proceeds of corruption. Also, countries may adopt measures to enhanceinternational cooperation. To build relations with other countries, the participants of UNAFEIʻs
UNCAC training programme on criminal justice may make an action plan and give it to the respective
authorities of their countries and follow-up on it and give information to each other formally andinformally. Law enforcement agencies may emphasize making more use of the informal channels.
We recommend to law enforcement agencies of countries to train and upgrade the knowledge andskills of law enforcement officers by specialization in the field of digital forensics and forensic
accounting to analyse financial evidence.In addition,countries must invest in developing a team withthe skills and knowledge required to return proceeds of corruption from foreign countries.
As explained above Japan has a well-organized and effective system for prosecutors to acquire133

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experience and expertise in international cooperation and M LA,and countries may consider adoptingthat system. The additional advantage of that system is by working with other countries and by
making good connections they can acquire information through informal channels rapidly.
Finally,robust enforcement of laws,conventions and treaties is essential to recovering the proceedsof corruption and returning the proceeds of corruption from foreign countries.

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ANNEX 1
M LA TABLE (COUNTRIES OF GROUP 1)
Yemen

M ongolia

Japan

BrazilDomestic Law

anti-corruption
law No.39 forthe year 2007＋
money laundrey
Law No.1 forthe year 2010

The Law on
Criminal
Procedure

1980, Law onInternational
Assistance inInvestigation,etc.

Code of
Criminal
Procedure

Requiere
Treaty/Agreement?

yes. The united
Nation for
combatingcorruption＋The
united nation
for

Yes

No
(with reprocity)No(with reprocity)

Yes

No(with reprocity)

Compulsory
judicial
intervention
possible without
treaties?

yes, it is called
judicial
substitution forthe purpose of
information andpeople exchange

Yes

Yes

Yes

Yes

Yes

UNCAC can be
the basis?

yes, regarding
combatingcorruption yes.

Yes

Not Ratified yet

Yes

Yes

Yes

Requesting(Cerntral)
Authrity

Parliament

M oJ

M oJ, NPA
(M oFA if notreaty)

M oJ

M oFA

Minister of Law
and Human
RightsRequested(Central)
Authritiy

M oF and thencontact with thecounterpart
instituation

M oJ

M oJ
(M oFA if notreaty)

M oJ

M oFA

Minister of Law
and Human
RightsWhichauthorities are
involved in
executingrequest?

in Criminal
Cases the Public
Prosecution is
authorized, as
for corruption
cases and
SNACC , money
laundrey andterrisom the
PublicProsecution
beside money

Court, Policeand Prosecutor

M oJ, PPO,
NPA, Police

Require dual
criminality?

moneylaundering
unit andinformation yes,
Law No.246.
Yemeni Citizedis punished ifthey are notexecutingoutside thecountry.

Yes

Yes(exceptions
by treaties)

Yes

Yes

Yes

No

Yes

English is
acceptable

No

No

No

Language (IsEnglish version
acceptable?)yes, and it canbe translated

YesJapanese(couldnʼt besubstituted but
could besupplemented byenglish version)

Non-Conviction
Based
confiscation

this contradicts
with theconstitution No
32/b regarding
corruption cases.

NoNo

M aldives

Indonesia

Anti Corruption
Law,Banking
Law No.1/2006,
Law,AntiMoney
Act on M LA in
Laundering andCriminal maters
Anti-Terrorism
Law

M oJ,
Central Bank,
Police, Attorney
Prosecution
Attorney
General Office,Services, Police, General Office,
KPK
Judiciary
ACC and Police

135