enjoy a certain vested interests,tn, safeguard national interests and therefore insist on the application of national law; while developing countries are mostly corrupt asset outflows victim insisted applicable "Convention." As a result of a compromise,tn, "the Convention" eventually "provisions of the Convention" and "national law" at the same time as the basis for the return and disposal of assets.Asset recovery is still very high thresholdAsset recovery mechanism first requires States parties to take measures to prevent the transfer of corrupt assets. This involves the customer requests the State party to strengthen the identity of an audit of financial institutions.
efficiently run,tn, but run asset recovery mechanism is still facing some difficulties.There are some barriers to asset recovery mechanismAgreements have to compromise any of the ingredients. The parties to the asset recovery mechanism for some of the major issues of the major differences negotiations "Convention" and the final package agreement reached makes this system "Convention" innovation greatly reduced.First, the negotiating parties on the relevant countries can corrupt assets confiscated "sharing" divergence. Some countries believe that the actual operation of the assets is often difficult to determine the country of origin.
which is an important prerequisite for the requesting State to recover corrupt assets. Then "the Convention" For among countries on how to return the confiscated assets or other disposition made the arrangements.At the request of the requesting State,tn, the requested State shall be in accordance with "the Convention" the return of confiscated assets. "Convention" also set the return of assets under different circumstances in different conditions. (1) For the proceeds of crime or corruption,tn, money-laundering,tn, corruption and crime,tn, the requested State only in accordance with a final judgment in the requesting State.
that should be their return of confiscated assets. (2) For other proceeds of crime provisions, "the Convention",tn, in addition to requesting State must provide effective judgment,tn, should also provide for the confiscation of property ownership certificate,tn, the requested State will be returning confiscated property to the requesting State. (3) in any other case,tn, the property of the requested State shall give priority consideration to returning the confiscated requesting State,tn, returned to its prior legitimate owners or compensating the victims of the crime.There are barriers to asset recovery mechanism and threshold "Convention"Although the "United Nations Convention against Corruption" comprehensive and detailed asset recovery mechanism designed to make it smoothly.
thus requiring the sharing of confiscated assets. Final "Convention" Although there is no "sharing" of the wording, but the one hand it is the obligation of the requested State is set to return the property,tn, on the other hand allows States Parties on how to dispose of confiscated assets outside the "Convention" another of agreements to be arranged,tn, it would not exclude the possibility of related parties to share confiscated assets.Secondly,tn, during the negotiations for the return and disposal of confiscated assets based on issues,tn, relatively large differences between the parties. Developed countries corruption is a major inflow of assets.
strengthen the account review, to maintain adequate records,tn, eliminate shell banks or related transactions and take other measures to prevent money laundering obligations. Fulfillment of these obligations requires sophisticated techniques of financial supervision, improve financial supervision system for protection.Secondly,tn, the system directly to asset recovery "Convention" requirements set by the requesting State Party directly to the court of the requested State filed a lawsuit.
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