UNODC REGIONAL CENTRE EFFORTS AND CHALLENGES IN
FACILITATING THE RECOVERY OF THE PROCEEDS OF
CORRUPTION AND TRANSNATIONAL ORGANIZED CRIME IN
SOUTH-EAST ASIAN COUNTRIES
Michel Bonnieu*
UNODC Regional Centre for East Asia and the Pacific

I. INTRODUCTION
The globalization process, enhanced by the ease of travel and unprecedented technologicaldevelopments in recent years, has had a dramatic impact on many aspects of life and society, most ofthem for the better. However, the related growth of transnational organized crime and the response of theinternational community to it, has created a variety of new challenges in relation to the actions of law
enforcement authorities and judiciaries, whose main role is to ensure the security of states, persons and thepublic, as well as legally acquired private property in all organized societies.
Today, law enforcement and judiciaries face a new challenge: the investigation, prosecution andadjudication of corruption and TOC1 cannot be efficiently conducted within the legal framework of nationalboundaries. And ironically, sovereignty, a fundamental principle under international law which grounds therelations of states, has become a major tool in the armory of organized crime.
There can be no illusions about international co-operation in criminal matters. The criminals are far
more skilled in using national borders to protect themselves and the evidence and profits of their crimes
from detection than law enforcement is in overcoming the barriers of sovereignty, in pursuing them.
The purpose of this paper is to provide a brief overview of the vision and strategy offered under
UNODC/RC Regional Programme Framework for the Southeast Asia and Pacific region as it relates to theimplementation of international co-operation between the judiciary, prosecutors and other law enforcement
authorities with a specific focus on the recovery of the proceeds of corruption in the region. The intent isto give a brief "comparative snapshot" of where we have been, where we are and the future challenges that
Southeast Asia and the Pacific region face.
International co-operation in criminal matters encompasses many measures including extradition,
mutual assistance, transfer of sentenced prisoners, transfer of proceedings, and co-operation in the restraint,
forfeiture and, since the entry into force of the UNCAC2 in 2005, the repatriation of proceeds of crime tothe countries they were stolen from.
This paper will focus on three of the most common aspects of international co-operation, thosewhich most directly impact on the work of prosecutors - extradition, mutual assistance and co-operation in
the restraint, forfeiture and return of proceeds of crime.
II. WHERE WE HAVE BEEN
It cannot be disputed that organized crime, which is most of the time facilitated by corruption,
began its operations across borders long ago, and that comparatively, state agencies took a long time to*Senior Judge, Senior Legal Advisor to UNODC. The contents of this publication do not necessarily reflect the views or policies ofUNODC or contributory organizations and neither do they imply any endorsement.
1. TOC: Transnational Organized Crime
2. UNCAC: United Nations Convention against Corruption− xi −

start getting better organized to address this issue. The very first agencies to realize the importance of thephenomenon and the risks it posed to modern societies were law enforcement agencies, and more precisely,
the police forces in charge of the investigations into serious crime. Therefore it is no surprise that Interpol
was established as early as 1923 and has since then developed to become the current global network ofpolice investigators with its headquarters in Lyon, France.
However, despite its efficiency, the Interpol network needed to be supported by international
conventions containing legal provisions governing international co-operation. The first conventions tocome into force were the drug Conventions of 1961, 1971 and 1988. Article 37 of the single convention on
narcotic drugs and article 22 of the convention on psychotropic substances stipulate that:“Any drugs, psychotropic substances and equipment used in or intended for the commission of anyof the offences, referred to in article 36, shall be liable to seizure and confiscation”.
However the international community only decided in 1988, with the entry into force of the 1988
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, to establish a mechanism
to facilitate international co-operation in criminal matters among Member States.
Fifteen more years were necessary for the entry into force of the 2003 Convention on Transnational
Organized Crime which complemented the framework by adding under article 13 provisions on international
co-operation for the purpose of confiscation and under article 14 provisions governing the disposal of
confiscated proceeds of crime or property.
Finally, the UNCAC, which came into force in 2005, completed the whole framework of international
co-operation by adding legal mechanisms, such as mechanisms for recovery of property through international
co-operation in confiscation (Art 54), and posed under article 57 the return of confiscated assets to theirprior legitimate owners in the State of origin. Article 58 of the UNCAC provides for the establishmentof Financial Intelligence Units in order to better control suspicious financial transactions and fight money
laundering.
The above described evolution clearly evidences that before 2005 there was no comprehensive
international legal framework to address organized crime and corruption in their various manifestations.
Additionally, States would categorize offences where organized criminals had long understood that criminal
activities were much more efficient when combined together: for example the passive corruption of public
servants to facilitate fraud, money laundering or any illicit traffic.
Thus, before the establishment of the international legal framework criminals would take advantageof the barriers of sovereignty to shield themselves and the evidence of their crimes from detection.
Organizations which orchestrated transnational crime and which then dispersed and concealed the proceedsof their illicit activities the world over had no regard for national borders. In fact, by structuring theirorganizations to span borders, they were better able to protect their interests and operations. They werepositioned to take advantage of the differences between legal systems, the clash of bureaucracies, the lackof ethics of some public officials, the protection of sovereignty, and, at many times, the complete incapacityof nations to work together to overcome their differences.
III. WHERE WE ARE IN THE SOUTHEAST ASIA AND PACIFIC REGION
A. Lack of Co-operation in Recovery of Stolen Public Assets
Since the mid-1990s the General Assembly of the United Nations, through multiple resolutions, has
expressed serious concern about the problems and threats posed by corruption to the stability and securityof societies. Corruption attacks the foundation of democratic institutions, corrodes government institutions
and starves the economy.
The UN Convention against Corruption (UNCAC) provides a powerful tool to strengthen anticorruption programmes in the region. However, the main challenge is thus to turn the Convention from amere legal framework into an effective tool for the rule of law.
At present, many countries in the region tend to focus only on the investigation and conviction ofcorruption.
Specific provisions of the UNCAC tackle the bribery of national public officials and the criminalization− xii −

of the obstruction of justice. The provisions on asset recovery – the first of their kind – require Member
States to return assets obtained through corruption to the country from which they were stolen. This is amajor breakthrough. Judiciaries in countries where corrupt elites have looted billions of dollars are now
empowered to implement these innovative provisions to recover the proceeds of crime. Yet they are being
called upon to act with little or no prior training. Given the magnitude of corruption and the amounts atstake, there is a serious risk of improper influence and possible misconduct, as well as bribery within thejudiciary itself.
Appropriate national legislation and institutional capacity to deal with proceeds of other forms oforganized crime is also lacking in the region.
While progress is being achieved through the establishment of national Financial Intelligence Units,
participation in regional mechanisms for the enhancement of anti-money laundering and anti-corruption
capacity still needs to be strengthened via engagement with relevant international regulatory bodies. This
is of particular importance in relation to countries in post-conflict situations.
B. Money Laundering
East Asia and the Pacific remain vulnerable to money laundering.
Given the relatively weak financial and economic monitoring and control systems present in somecountries in the region, it is often difficult to follow money trails, which are an essential element for theinvestigation of this form of crime.
While many jurisdictions are working to adopt AML3 laws, the level of effective implementation
remains very low. Countries require expertise to develop their respective AML systems and UNODC is wellplaced to deliver such assistance. There are a number of key areas that could benefit from a regional approachto capacity building of AML systems. Two such areas are: (i) training and development of investigators,
prosecutors, judges and customs officials in relation to identification, investigation and prosecution ofmoney laundering and the confiscation of criminal assets; and (ii) the development of mechanisms formore effective international co-operation in money laundering investigation and prosecution of money
laundering cases.
Therefore UNODC’s main role will be to support partner countries to meet the requirements of theUNCAC, through providing technical support to translate the provisions of the convention into sustainableinstitutions and procedures. In other words, the idea is to shift the type of assistance and activities deliveredin the region into technical support to operational agencies in charge of fighting corruption and recover theproceeds of crime.
C. Lack of Independent and Fair Justice Systems
By its very nature, transnational organized crime actively weakens the sovereignty of the State itself.
If sovereignty is defined as a monopoly on the use of force and the ability to establish an effective legalframework to govern this use of force, transnational organized crime groups tend to chip away at the state’svery foundations. Not only do transnational organized crime groups use their resources to set up parallel
sources of power, they also undermine the very legitimacy of the legal regime. By co-operating witheach other to respond to the threats from organized crime, Member States both reduce the threat to theirsovereignty and strengthen the basis of legitimate international co-operation.
As a region, East Asia and the Pacific has the lowest ratification level of the international crimeand drug conventions. This is a fundamental problem in terms of addressing UNODC’s mandates at thenational and regional levels. It is part of UNODC’s normative mandate to encourage the countries of theregion to ratify the crime, drugs and terrorism conventions.
The Drug-Free ASEAN 2015 Status and Recommendations report notes that the regional mutuallegal assistance (MLA) framework established by ASEAN is impeded by a lack of national legislation.
The report specifically states that, “While some bilateral MLA agreements in the region show promise, thechallenge is to find operational solutions for wider implementation.”4 Until the use of MLA and other legal
3. AML: Anti Money Laundering
4. Drug-Free ASEAN 2015, “Achieving a Drug-Free ASEAN 2015 – Status and Recommendations”.

− xiii −tools becomes the status quo, a divided “patchwork approach” of agreements will prevent greater success.
For justice systems to be effective in countering organized crime, an evidence-based approach isrequired. There is a need to raise awareness of the value of physical evidence, as well as its forensic
examination and the need to preserve its integrity, from the crime scene to the courtroom. For this reason,enhancing forensic capacity and the exchange of experiences and data in the region through improved
national and regional networking is essential.
IV. WHAT FUTURE CHALLENGE FOR UNODC REGIONAL CENTRE
IN SOUTHEAST ASIA?
If one considers where we have been and where we have come in co-operation matters in the last fifty
years, there is much reason to be optimistic. There should be no doubt, that with the continued efforts of
the world community, its effectiveness in combating transnational crime will continue to increase, as will
the security of our global village. International co-operation in criminal matters is made possible throughthe use of a series of legal specifically designed tools to overcome the barriers of sovereignty and allow theinternational community to "fight back".
A. The “Towards AsiaJust” Initiative
International co-operation in criminal matters has on a practical level come of age. Most of theregions in the world have developed formal networks of judicial institutions using secure online forums inorder to legally extend the mechanisms of international co-operation when investigative measures become
coercive.
Such is the case in North America with the establishment of the Organization of American States(OAS); in Europe with EuroJust and its affiliated judicial network (EJN); or in South America with theIbero-American Assistance Network (Iber-Red).
However, the Southeast Asia and Pacific region does not have any network of the kind. Given thatsituation, UNODC/RC – after discussing the needs of the States Parties with their representatives – hasendeavoured to develop a new programme called “Towards AsiaJust” which has a strong focus on therecovery of the proceeds of the crime.
Essentially, The “Towards AsiaJust” programme is developed along the idea that UNODC, becauseof its neutral status and mandate, is the most appropriate organization to support the efforts of criminal
justice systems in East Asia and the Pacific to respond to TOC and corruption with a more effective form of"transnational organized criminal justice scheme " than the one that is in place at the moment.
“The Towards AsiaJust” programme has been developed under the supervision of the UNODC
Representative for East Asia and the Pacific by senior members of the judiciary formerly in charge oftransnational serious crime who are now seconded by their respective countries to the UNODC Regional
Centre in Bangkok. Prior to that, criminal trends and needs assessments have been conducted by UNODC/
RC with the authorities in charge of criminal issues in several countries of the region.
The result is that "Towards AsiaJust" has been conceptualized as a programme meant to operate withalready existing entities such as the networks of prosecutors, special investigative teams, central authorities
in charge of mutual legal assistance, recovery and return of stolen assets and extradition procedures, as wellas other highly specialized professionals.
The main objective of the programme is to put in place an operational “modus operandi” among
the various players in charge of combating Transnational Organized Crime and corruption in the region,
starting with inter-agency co-operation both at the domestic level and cross border level, based on a clear
understanding of the differences in the different criminal systems in force in the region.
Therefore, through measurable elements, the programme aims to shift the balance of power between
criminal organized groups and institutionalized state bodies in charge of the security of the State, persons− xiv −

and property.
To reach that aim, the “Towards AsiaJust” Programme provides the logical framework and necessary
steps to transform a region lacking judicial independence, integrity and organizational capacity to address
Transnational Crime. It aims to respond to Transnational Organized Crime in a region composed of strong
independent judiciaries that have demonstrated the political will to form a transnational organized justicescheme.
While the ratification and implementation of the UN Conventions remain a vital priority, “TowardsAsiaJust” will go beyond mere ratification to utilize the provisions of the UN Conventions in a context thatperceives international co-operation as a necessary and inherently beneficial asset, instead of as a burden.
The programme is a product of empirical and practical evidence that demands the formation of anorganized justice scheme founded on the criminal provisions of the UN Conventions to realistically andintelligently respond to highly-organized, intelligence-driven international criminal groups.
It aims at making the illegal activities of criminal syndicates significantly more difficult throughenforcement of legal mechanisms by competent agencies acting in synergy in member states that are readyto waive unnecessary obstacles when security is at stake. It also aims at making technically possible theimplementation of Chapter V of the UNCAC, and more specifically, the return of the proceeds of crime totheir legitimate owners in their country of origin.
For that purpose it will be built upon, and eventually encompass, the regional capacity establishedby INTERPOL5, ASEANAPOL5, ASLOM5, ARTIP5, FIU5, HSU5, SAARC5, SOMTC5 and the central
authorities for Mutual Legal Assistance and extradition where they exist.
V. CONCLUSION
More and more successful prosecution, particularly of economic drug crime and money launderingcases, is dependent upon the assistance and co-operation of other states. The return of the proceeds of crimeto the country of origin indisputably cannot operate without international co-operation.
UNODC/RC hopes that the result will be that the rare cases where assistance from another country
is necessary to gather evidence, or locate and return an accused or the proceeds of crime to the country oforigin, will no longer be rare.

5. INTERPOL:
ASEANAPOL:ASLOM:ARTIP:
FIU:		
HSU:		SAARC:SOMTC:

International Criminal Police Organization
ASEAN Chiefs of Police
ASEAN Senior Law Officials Meeting
Asia Regional Trafficking in Persons (Project)
Finance Intelligence Unit
Heads of Specialist Trafficking UnitsSouth Asian Association for Regional Cooperation
ASEAN Senior Officials Meeting on Transnational Crime− xv −