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Non-State Actors in Asset Recovery

Edited By Daniel Thelesklaf and Pedro Gomes Pereira

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 book contains essays presented at the meeting, written by practitioners and academics with extensive experiences in the numerous fields which comprise asset recovery processes. The contributions offer a diversity of views on roles which non-state actors (can) play in preventing and combating corruption and other forms of financial crimes.
The editors conclude by offering insights into ongoing challenges in asset recovery processes and ways to overcome these challenges.

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MAX MADER - Civil society facilitators of asset recovery. The two Swiss cases Mobutu and Abacha 109

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MAX MADER Civil society facilitators of asset recovery. The two Swiss cases Mobutu and Abacha I. Abstract Experience shows that NSAs can substantially contribute to asset re- covery. This article describes the Abacha and Mobutu cases. It analy- ses the major benefits and challenges of NSA contributions and of co- ordination with state and international actors. – The most important findings are that there is no such thing as a country of origin’s stable ‘political will’ either to recover or not to recover its stolen assets. Rather, there is a balance of interests of domestic politics which duly considered can be altered in favour of recovery for a limited time. Furthermore, negotiating authorities of receiving countries tend to underestimate how NSA facilitation can create democratic legitimacy of promoters of asset recovery within the country of origin and – hence – quickly resolve the issue of sovereignty within bilateral nego- tiations. As the purpose of this article is to give some practical considera- tions on asset recovery, it will detail out even quite simple means for achieving some important tasks specific to NSA’s commitment in asset recovery.  This article is dedicated to Yoav Parish, an old friend and amused listener to asset recovery stories. The author acknowledges the open-mindedness of his go- vernmental and institutional partners as well as the strong support of local, inter- national and Swiss civil society colleagues. They helped forging and implement- ing new ideas more swiftly than in normal politics. 110 Max Mader II. Introduction The process of asset...

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