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Compensation

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.

Country: Jordan

Status: ongoing

Themes: Asset recovery

Last updated: April 2020

Classification:

Concrete: Concrete | New: New | Ambitious: Ambitious

  • 4 Notes:

    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

Jordan's Commitments
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