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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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DANIEL THELESKLAF - Conclusions 183


DANIEL THELESKLAF Conclusions The status quo is pretty clear: Under Chapter V of UNCAC, countries have to take all reasonable measures to trace, freeze and seize pro- ceeds of corruption and assist each other to repatriate such assets. However, billions of monies are still stolen, especially from poor countries, and a certain percentage of these assets are presumably stashed away in new and traditional financial centres. In the last years, only modest amounts of proceeds of foreign corruption have been returned to its rightful owners. So what goes wrong? Obviously, the traditional approach to combating corruption has shown to be insufficient. A more comprehensive approach to counter- ing this crime, by both prosecuting the criminal offenders and suffo- cating the financial compensation that arises from such a crime would be a more efficient approach. The asset recovery processes are complex in nature, requiring not only a change in mind-set but also specialised knowledge from differ- ent fields. It also requires the necessary political will from state actors to ensure that the asset recovery processes is effective. This political will may not always be present (or must be generated, as MAX MADER shows in his paper), and the reforms required to ensure an efficient combating of corruption through asset recovery may be seen as un- popular. Here, NSAs play a fundamental role in initiating and support- ing such reforms. They work in establishing the necessary critical mass that will in turn drive the necessary political will for change. The various contributions...

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