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 recommendations 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. The Recovery Department shall report, on a quarterly basis, to the Anti-corruption Commission on the concluded agreements and arrangements made for international cooperation in accordance with Article 17 of this regulation and the number of requests sent to other countries for freezing, seizure and confiscation of assets as well as the number of requests received from other countries and the approximate value of recovered assets. However, the effective and transparent implementation of this law depends heavily on the recruitment of an Anti-Corruption Commission, which has not yet been established. In addition, wWhile 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.

Updated: October 31, 2020

Integrity Watch Afghanistan has been asked to input and advice on the new draft of the Asset Recovery Regulation. The regulation includes a point on compensation of victims through the creation of a fund, and the redistribution of parts to the victims. In the latest Special Inspector General for Afghanistan Reconstruction Report (November 2009) President Ghani also pledged that by June 2020, the AGO would develop standard procedures for distributing recovered assets to government agencies. We hope to see the new Asset Recovery Regulation public soon.

Peer reviewer: 1

Updated: April 30, 2020