Jordan will develop common principles governing the payment of compensation to the countries affected, to ensure that such payments are made safely, fairly and in a transparent manner.
Themes: Asset recovery
Last updated: December 2020
Concrete: Concrete | New: New | Ambitious: Ambitious
Evidence of Amendment - "A revised draft law on integrity and combating corruption"
Trusts Account for Settlements and Reconciliation evidence - "Approval of a bank account to store funds obtained form corruption"
Law of 2020 amending the Integrity and Anti-Corruption Law
The Jordanian Constitution
Judicial Independence Law
Penal Code No. 16/1960 and amendments
Criminal Procedure Law and its Amendments
Civil Procedure Law and its Amendments
Foreign Law Enforcement Legislation
Implementation Law and its amendments No. 25 of 2007
Anti-Money Laundering and Terrorist Financing Law No. 46 of 2007 and its amendments
More information- Jordan's Anti-Corruption Pledge Tracker
Integrity and Anti-Corruption Law No (13) Year (2016)
Obtaining compensation for damages resulting from acts of corruption is a prerogative of the judiciary and is governed by constitutional principles.
* In the event that the aggrieved party obtained a judicial decision from the foreign country, the right to submit a request for a foreign judgment of national character for the purposes of its implementation inside the Kingdom.
* The right to resort to the judiciary is a sacred right guaranteed by the Jordanian constitution.
The legislative environment in the Hashemite Kingdom of Jordan that regulates this issue allows every victim to resort to the judiciary and demand compensation for the crime of corruption (with emphasis on the previous answers in this regard that clarify the mechanism and the legislative framework regulating this issue). Nevertheless, work is underway to develop a procedural guide that is comprehensive and includes all relevant constitutional, legislative and institutional principles, as well as the procedures to be followed in the process of implementing compensation payments to ensure integrity and transparency of implementation. As well as carrying out the legislative review for each item, including:
- The right of those affected by corruption to resort to the competent Jordanian authorities based on bilateral agreements. Mutual legal assistance in terms of its mechanisms, conditions and comprehensiveness in accordance with the agreements ratified.
- Procedures for paying compensation owed to those affected by the money, assets, or proceeds of those responsible for corruption, in a safe, fair and transparent manner. Taking into account the rights of others in good faith, regardless of nationality.
- Amending the legislation related to seizure, confiscation, preservation and management of assets and funds that will be executed in order to allow these procedures before issuing a judgment or implementing a guarantee for not evading or disposing of money. - Amending the Integrity and Anti-Corruption Law – The following amendments have been made to the Integrity and Anti-Corruption Law and are now under constitutional procedures in the Prime Ministry: They include granting powers of seizure and recovery and making settlements with the approval of the special judicial committee stipulated in the Economic Crimes Law No. (11) for the year 1993 and its amendments
- The Integrity and Anti-Corruption Commission has also prepared a system called the System (Trusts Account for Settlements and Reconciliation), which was actually issued under the number (51) for the year 2020, and this system aims to manage the funds that have been seized or settle on them and deliver them to those who deserve it based on a judicial decision.
Updated: October 31, 2020
Jordan has a legislative, institutional, and procedural system in place to advance on implementing this commitment, which can be built upon to develop common principles governing the issue of paying compensation to those affected by acts of corruption. The process governed by the legislative and institutional system is summarised in the following basic principles: - The existence of a cooperation agreement with the affected country, ratified in accordance with the constitutional procedures, in order to implement the penal and civil provisions, including the payment of compensation. - The determination of the right to obtain compensation arising from damages resulting from acts of corruption is within the powers of the judiciary and it is governed by the constitutional and legislative principles that will be mentioned later in this item. - The presence of assets / funds for the people involved (accused of corruption in the affected country) in the Hashemite Kingdom of Jordan for the purposes of implementing them, and then enabling the affected party to obtain compensation from those funds. - The right to resort to the judiciary is a right guaranteed by the Jordanian constitution, and therefore every person has the right to resort to the judiciary as being harmed to claim compensation for corruption damages in accordance with the general principles, and for the judiciary to rule on the matter based on evidence. - In the event that the aggrieved party obtains a judicial decision from the foreign country, they are entitled to request that a foreign ruling be granted the national character for the purposes of its implementation within the Kingdom, subject to the legal provisions contained in the Jordanian legislation. The 2007 anti-money laundering regulations have been updated to include the following: - Information sharing across national authorities, and an obligation to information sharing under this law. - Collaboration and information sharing with non-Jordanian authorities and judiciary under the principle of reciprocity. This is a promising step towards cross-country collaboration to identify parties involved in the crime and possibility of compensation. As Article 23 states: "The proceeds of the final fund or confiscation shall be distributed in accordance with the provisions of this law as per agreements concluded in this regard."
Peer reviewer: 1
Updated: April 30, 2020
A review of the national context, particularly national legislation, showed that no terms of reference exist to manage compensations to impacted countries. Procedures are not mainstreamed or regulated at the national level, in addition to the fact that the anti-money laundering and terrorism financing law does not include any legislative provisions on how compensations are carried out or on which body is tasked with the execution of payment.
Updated: October 30, 2019
Rasheed Jordan have been undertaking a Key Performance Indicator report and will be published within the month. It will review the progress made on Jordan's anti-corruption commitments and is seen as a starting point of progress for the government.
Updated: May 30, 2019