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Asset Recovery Guidelines

Developing internationally endorsed guidelines for the transparent and accountable management of returned stolen assets.

Country: Afghanistan

Status: ongoing

Themes: Asset recovery

Last updated: December 2020

Classification:

Concrete: Somewhat Concrete | New: Somewhat New | Ambitious: Somewhat Ambitious

  • 5 Evidence:

    Asset Recovery Regulation

    Government's announcement

    Special Inspector General for Afghanistan Reconstruction (November 2019)

    2019 Cabinet Meeting Chaired by President Ghani

    Special Inspector General for Afghanistan Reconstruction Quarterly Report (1st quarter 2019)

  • 7 Notes:

    The first ever Afghan Asset Recovery Regulation was passed by the Afghan Cabinet. It is the first step towards the creation of an effective asset recovery framework in the country, especially because thanks to the consultative process it includes some international best practices. For example, it includes contributions from Integrity Watch Afghanistan (Transparency International UK’s partner in the country) to create a dedicated Asset Recovery Department, and the establishment of a fund within the Ministry of Finance to manage recovered assets. As part of the redistribution process, part of this money will be allocated to victims’ compensation and to fund law enforcement in the country. The mentioned mechanism will be monitored by an Anti-Corruption Commission.

    While in the beginning of this process, CSOs and Integrity Watch were working closely with the government to ensure a fair recruitment process, they have recently been excluded from this process. Lack of public scrutiny prevents transparency and increases corruption risks in the recruitment of such an important oversight body for the future of the Afghan fight against corruption. Despite passing of the law, implementation remains the most important step, which CSOs will continue monitoring over time.

    Peer reviewer: 1

    Updated: October 31, 2020

    The GFAR principles are 1. Partnership; 2. Mutual Interest; 3. Early dialogue; 4. Transparency and Accountability; 5. Beneficiaries; 6. Strengthening Anti-Corruption and Development; 7. Case Specific Treatment; 8. Considering using an agreement under the UNCAC article; 9. Preclusion of Benefit to the Offenders; 10. Inclusion of non-government stakeholders. As Integrity Watch Afghanistan is being involved in advising the government on the draft asset recovery regulation, it is clear that the 10th principle is being observed, similarly it is foreseeable that there will be an entire section on international cooperation, which already falls under principle 1. As soon as the approved regulation is public, a more in depth analysis will be carried out to ensure it follows the GFAR principles. In the latest SIGAR report published in November 2019, the president has pledged to develop standard procedures by June 2020.

    Some early examples of partnerships, are already showcased in the latest (November 2019) SIGAR report explaining that the Afghan government has increased its cooperation with the International Criminal Police Organization (INTERPOL), working towards recovering stolen assets hidden overseas, and is working to implement mutual legal assistance treaties. In at least one instance, the Attorney General Office (AGO) is attempting to utilize mutual legal assistance treaties to recover corruption-derived assets currently located in the United Arab Emirates (page 20/21). President Ghani also pledged that by June 2020, the AGO would develop standard procedures for distributing recovered assets to government agencies.

    Peer reviewer: 1

    Updated: April 30, 2020

    The Attorney General Office has prepared a draft asset recovery regulation that Integrity Watch has suggested improvements to. This regulation has been reviewed by two law making meetings at the Ministry of Justice to incorporate comments and observations from stakeholders that included AGO, Supreme Court, Ministries of Justice and Finance and Integrity Watch Afghanistan. It is currently scheduled to be shared with the cabinet for approval.

    Updated: October 30, 2019

    Attorney General Office has prepared a draft asset recovery regulation and has been shared with Integrity Watch for comments.

    Updated: May 30, 2019

    The above mentioned draft asset recovery regulation has not been shared online, but the 'Special Inspector General for Afghanistan Reconstruction Quarterly Report 2019' also outlines that the government is developing asset forfeiture tools - pg.114.

    Peer reviewer: 1

    Updated: May 30, 2019

    No change since June 2018. Ministry of Justice developed and promote laws regarding the defence of public assets and they returned a huge number of property and asset to government based on the Government cases law. The Ministry has done other things but not this specific commitment. Therefore, it is inactive.

    Updated: October 30, 2018

Afghanistan's Commitments
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