This report is intended as a snapshot of the legislative landscape surrounding breaches of international sanctions in these jurisdictions, the innovations that have been put in place, and the shortcomings that still need to be addressed. It presents a mixed picture in terms of frameworks and penalties applied: some countries considering breaches as administrative offences, others having the possibility to impose prison sentences. It also demonstrates discrepancies between sanctioning jurisdictions in how frozen assets and enforcement actions are publicly reported – making it harder for journalists, civil society and citizens to monitor sanctions implementation.
Hoy nos complace presentar seis evaluaciones de la aplicación nacional de la Posición Común Africana sobre Recuperación de Activos.
Aujourd'hui, nous avons le plaisir de lancer six évaluations de mise en œuvre nationale de la Position africaine commune sur le recouvrement des avoirs (CAPAR).
Today we are pleased to launch six assessments of national implementation of the Common African Position on Asset Recovery.
This week we’ve launched a new policy brief exploring the topic of asset registers. While largely a technical discussion of processes and tools, the way this is done can have important impacts for anti-corruption and public participation more broadly.
Kenya has made significant strides in combating economic crime, particularly in asset recovery through institutions like the Ethics and Anti-Corruption Commission (EACC) and the Assets Recovery Agency (ARA), supported by other law enforcement agencies. These efforts are anchored in legal frameworks such as the Anti-Corruption and Economic Crimes Act (ACECA),2003 and the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA),2009 as well as regulations like the Proceeds of Crime and Anti-Money Laundering (Criminal Assets Recovery Fund) Regulations, 2023.
Equatorial Guinea, while rich in natural resources, is plagued by the corruption and embezzling of its national treasury by the Obiang family. In France, the Biens mal acquis (Ill-gotten gains) case was a first of its kind proceedings, with legal action brought against a current, high ranking official, and which saw the confiscation and seizure of amassed luxury assets from the Equatoguinean Vice President. The case began due to the efforts of anti-corruption organisations, Transparency International France and Sherpa, who accused Obiang of embezzling state funds to buy luxury assets in France.
Last month, the Kenyan Ethics and Anti-Corruption Commission (EACC) handed over proceeds from corruption recoveries, including 511.4 million shillings (USD 3.96 million) in cash and 35 title deeds for 18.71 acres valued at 5.5 billion shillings (USD 42.7 billion). This action highlights the agency’s focus on asset recovery as part of its anti-corruption efforts. These assets, particularly land, have been repurposed for social use in several instances, demonstrating progress in social reuse. However, important questions arise regarding the use of recovered funds, their oversight, and the beneficiaries.
In September and October 2024, CiFAR is running an Asset Recovery Workshop Programme (online) designed to support civil society in Angola and Mozambique, in cooperation with local partners: Fórum de Monitoria do Orçamento, Centro de Integridade Pública, Associação OMUNGA, Pro Bono Angola, Associação Mãos Livres e UYELE, Associação Cívica.
Mãos Livres, Omunga, Pro Bono Angola and Uyele, Angolan civil society organisations currently working with CiFAR under the ongoing Capacity Support Framework, have written an open letter to the Attorneys General of Angola and Portugal demanding clarity about the asset recovery processes related to Isabel dos Santos, the daughter of former president José Eduardo dos Santos, who ruled Angola for 38 years (1979-2017).
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