International Outreach
Published on : September 27, 2024
Since 2021, Agrasc has represented the French office for criminal asset recovery in collaboration with the criminal asset platform [a national judicial police service (PIAC)]. In this role, it participates in international networks of asset recovery offices: the European ARO (Asset Recovery Office) network and the international CARIN (Camden Asset Recovery Inter-agency Network). Agrasc also participates in international bodies related to the fight against money laundering, corruption, and large-scale organized crime.
The CARIN network
CARIN, active since 2004, is one of the most effective law enforcement networks with a global reach, funded by the European Commission.
It is an informal network of law enforcement and judicial authority representatives specialized in asset identification, freezing, seizure, and confiscation. It is an intergovernmental network. Each member state is represented by an investigator and a judicial expert (prosecutor or investigating judge, depending on the legal system).
CARIN, with an intergovernmental approach, aims to enhance its members' effectiveness in their efforts to deprive criminals of their illicit profits. CARIN contact points support the entire asset recovery process, from the start of the investigation and asset identification to freezing and seizure, management, and finally, confiscation, including all asset information sharing between jurisdictions. The representatives of member states are the "national contact points." All are English-speaking, as CARIN's working language is English.
As of today, CARIN includes 61 jurisdictions, including the 27 EU member countries, the United Kingdom, and 12 international organizations. The network is connected with 7 other regional networks, bringing the total number of jurisdictions worldwide to 172.
Europol supports this global network by providing the permanent secretariat for CARIN.
In 2024, Agrasc was selected to assume the presidency of the CARIN network for one year.
The agencies international network
Discover all agencies of assets management and recovery management and its equivalents, in Europe and worldwide.
Organe central de saisie et de confiscation
Created in 2003, the Organe central de saisie et de confiscation is an organization whose plularity and extent of expertise make it the central instrument of Belgium’s system for criminal seizure and confiscation. The OCSC represents a particularly interesting model for France, as it was developed within a legal system very similar to ours.
1/ OCSC Status and Composition
Status. Without legal personality, the OCSC is an integral part of the prosecutor’s office and, to this end, is under the responsibility of the Belgian Ministry of Justice.
Composition. Based on the principle of multidisciplinary, the OCSC composition brings together various technical skills that are essential to handle legal, material, administrative and financial difficulties posed by the management of seized assets and the use of confiscated assets
Thus, composed of about 35 members, the OCSC includes, in addition to its Director and Deputy Director, both of whom are public prosecutors, two liaison magistrates, six liaison officers from the relevant administrations (police, financial administrator, etc.) as well as about 25 civil servants and contractuals, especially legal experts.
Furthermore, taking numerous missions of the OCSC into account, this one can call external experts and especially chartered accoutants, legal experts, computer engineers and all types of service providers.
2/ OCSC Missions
OCSC has a quadruple role :
a) Support the development of asset seizure/confiscation policy
This mission takes three forms :
• by formulating opinions on the regulation to develop ;
• by ensuring that this regulation is applied by public prosecutor’s departments ;
• by giving to the Ministry of Justice an overview of practical results in the form of an annual report.
b) Promoting the implementation of the asset seizure/confiscation system
The complexity of the subject requires that the various participants can familiarize themselves with the legal instruments made available for them and the applicable procedural mechanisms, and that they be assisted in their practical implementation.
The OCSC fulfills this mission by informing magistrates and investigators about the applicable provisions and their practical implementation, or by providing support when difficulties arise in a case.
c) Managing seized assets and disposing of confiscated assets
The OCSC assure the preservation and management of seized assets. It also centralizes information on confiscated assets and amounts sold or recovered in execution of a judgment or a decree, in order to justify the concrete obtained results.
L’OCSC constitue un relais entre les parquets et les administrations concernées afin d’assurer la continuité de l’exécution des décisions de justice.
The OCSC establishes an intermediary between the public prosecutor’s departments and the public administrations to ensure continuity of execution of court rulings.
Among the original responsibilities entrusted to the OCSC in termes of management of seized and confiscated assets, it should be noted in particular that this body is responsible for managing all sums of seized money during criminal investigations. This funds are directly paid by the investigators into a bank account opened under the OCSC’s name at ING Bank. Each year, the sums of seized money comes to around 7 million euros. OCSC’s management of these funds is mandatory, while management of other assets is optional and may be entrusted to the jurisdictions.
Additionally, it should be noted that when a restitution order is pronounced regarding an asset managed by the OCSC, the latter has the power to allocate this asset to the payment of tax depts, criminal fines, legal costs or previous ordered confiscations against the person sued. Thus, each year, the OCSC deposits around 2,5 million euros to the financial administrator.
d) Facilitating international cooperation
The aim is not only to enable the seizure of assets located abroad, but also to promote the effective enforcement of confiscations ordered by national and foreign judgment, and to have assets sharing agreements so that the proceeds from the sale of assets abroad goes to at least in part to the treasury.
This requires not only at least an elementary knowledge of foreign law but aulso the creation, via the central body of a network or formal and informal contacts that magistrates and police officers can use.
3/ Financial report and advancement opportunities
OCSC’s financial report can be backed up by a series of figures :
Each year, the OCSC handles around 8.000 seizure requests sent from magistrates and police officers (mainly money and vehicles seizures, but increasingly real estate as well) ;
It manage the funds put in its bank account ;
In 2007, the deposited to the State budget the sum of 2 million euros following confiscations ordered by the jurisdictions.
The OCSC’s advancement opportunities wanted by its directors, are the following :
- Give to the OCSC the power to carry out solvency investigations regarding convicted persons in order to locate potential properties that they own, given the difficulties encountered by estate collectors in enforcing confiscation orders when no property has been seized during the proceeding ;
- Give the OCSC the power to allocate property whose restitution has been ordered to the payment of social debts contracted by the person being sued.
Visit the website of the Organe central de saisie et de confiscation (OCSC).
Commission for anti-corruption and illegal assets forfeiture
Created in January 2018 the Commission for anti-corruption and illegal assets forfeiture (CACIAF) is an independent and permanent public authority responsible for implementing the policy for anti-corruption and illegal assets forfeiture. It was created by the Law on the Fight against Corruption and the Illegal assets forfeiture (PKONPI) (promulgated on 19.01.2018). The Commission is responsible for its work to the National Assembly of Bulgaria.
This new entity succeeds the Commission for the Removal of Illegally Acquired Property (CONDEP), established by the Law on the Confiscation in favor of the State of Illegally Acquired Property (PUPPD) (law of 18.03.2012) and by the Commission for the Creation of Property from Criminal Activities (CEPACA) established by the Law on the Confiscation of Criminal Assets (promulgated by degree-law no.19 of 01.03.2005)
Visit the CACIAF portal
Direction de la gestion des biens saisis
In Canada, the Direction de la Gestion des Biens Saisies (DGBS) was created by the seized properties administration act, come into effect September 1st, 1993.
General Presentation
This branch, created within a larger government agency grouping all innovative services in Canada (government agency called « Travaux publics et Services gouvernementaux Canada » (TPSGC)), assists magistrates during seizures, manages assets and handles their sale after confiscation.
The DGBS is responsible for various functions relating to the adminitration of seized assets. It provides police department and Crown prosecutors with advices on the value of the assets involved in the case, and the anticipated costs of managing them, before seizure. Once properties has been seized by a police force and a management or restrain order has been issued by the appropritate judicial authorities, the DGBS takes possession and management of the seized properties or manages the restrained properties in accordance with the order.
Functions
Before seizure
- Analysis of the value of the assets subject to seizure and recommendation to the police department as to the fincancial viability of the seizure ;
- Analysis and evaluation of the best method of protecting and preserving the value of the assets and evaluation of the costs of administration the assets ;
- Coordination of services such as towing, storing and inspection as required
After seizure
- Inspection, evaluation, administration, storage, protection and maintenance of seized or restrain assets : the DGBS selects, through public sector, the services of appropriate professionals to ensure the administration, maintenance and protection of assets while legal proceedings are ongoing ;
- In collaboration, with the Ministry of Justice, settlement of claims form third parties, particularly tenants or financial institutions, relating to seized properties ;
- Cash advances to preserve assets ;
- Centralization of all seized sums, which are usually declared and sent to the DGBS within 90 days after seizure ;
- Destruction of illegal or worthless assets.
After confiscation
- As soon as the legal proceedings are completed and the sentence includes confiscation of the properties, the properties alienation process begins ;
- Coordinating the sharing of proceeds with provincial and foreign governments, in accordance with the regulation governing the sharing of proceeds from the disposal of properties confiscated under the Seized Property Administration Act ;
- Return of non-forfeited assets to their owners.
It should be noted that the DGBS is self-financing, taking 8% of the outcomes from sales.
Visit the Direction de la gestion des biens saisis (DGBS) portal
Unit for Combating Money Laundering
MOKAS is an anti-money laundering unit (MOC), created in December 1996 in accordance with Article 54 of the Law on the collection, investigation and prohibition of outcomes from certain criminal offences (Law 61 (I) / 1996). This law was afterwards replaced by Law no. 188 (I) / 2007 on the prevention and repression of money laundering.
The unit comes under the public prosecutor and is made up of representatives of the public prosecutor, the chief of police and the customs department.
The unit is directed by a representative of the public prosecutor and its members are designated. Regarding the composition of the unit, the law has changed in 2003 to include accountants and financial analysts.
Visit the MOKAS portal
Oficina de Recuperacion y Gestion de Activos
The Oficina de Recuperacion y Gestion de Activos (ORGA) is responsible for assisting judicial services in identifying, recovering, preserving, and managing assets, instruments, and proceeds from criminal activities.
The Office’s intervention aims to identify and recover criminal assets with a view to their future confiscation. Once victims are compensated from these confiscated assets, the remaining amounts are returned to Spanish society in the form of projects that help victims or combat organized crime.
The office has two functions:
1. Patrimonial investigation. At the request of judicial authorities and prosecutors, the office identifies assets both within and outside of Spain.
To do so, it accesses multiple national databases and exchanges asset information with counterpart foreign organizations, especially with other foreign asset recovery agencies. For asset investigations, national police officers and civil guards are assigned to the Office and perform judicial police functions.
2. Management of seized or confiscated assets. If requested by the court or tribunal, the ORGA manages seized or confiscated assets to avoid costly management and to obtain the best price, in accordance with the law and all procedural guarantees.
It may carry out one or more of the following actions:
- For seized or confiscated funds, deposit them into the Office's deposit and consignment account.
- Take measures for the preservation and management of assets.
- Authorize the temporary use of seized assets.
- Order the destruction of seized goods.
It can manage any type of asset: vehicles, boats, textiles and goods, petroleum products, coins, jewelry, precious metals, works of art, and the recycling of waste to obtain economic returns (such as worthless cars, copper, etc.).
Visiter le portail de l'Oficina de Recuperacion y Gestion de Activos (ORGA)
Asset forfeiture program
The Asset Forfeiture Program is an organization integrated within the U.S. Department of Justice, responsible for the seizure and forfeiture of property when the crimes and offenses underlying them are of a federal nature.
The funds generated from sales go into a fund (the Department of Justice Asset Forfeiture Fund), created by the Comprehensive Crime Control Act of 1984. This fund is available to the Attorney General to cover legal expenses related to combating organized crime.
National crime agency
Originally created by a 2002 law (Proceeds of Crime Agency), the Asset Recovery Agency was integrated into the Serious Organised Crime Agency (SOCA) in 2007. It is an independent agency under the supervision of the Ministry of Justice, fighting against organized crime (with 4,000 employees, including magistrates and police officers). Since the law of October 7, 2013, the National Crime Agency is responsible for managing seized and confiscated assets.
Presentation of the English system by Alun Milford, Head of the Organised Crime Division, Prosecution Crown Service:
- in French
- in English.
Criminal assets bureau
Created in 1996 by the Criminal Assets Bureau Act, the Criminal Assets Bureau’s jurisdiction covers organized crime and corruption. It carries out seizures and confiscations, has 52 agents, operates with a budget of 5.2 million euros, and in its 10 years of existence, has collected over 89 million euros (including previously unpaid taxes and duties).
ANBSC
The Agenzia Nazionale per l'Amministrazione e la Destinazione dei Beni Sequestrati e confiscati alla criminalità organizzata (ANBSC) was created by the decree-law of February 4, 2010, and later modified by the law of March 31, 2010.
The Agency is a public law body, endowed with organizational and accounting autonomy, and is placed under the control of the Minister of the Interior.
Institutional Mission
The main mission of the Agency is to ensure the administration and allocation of assets seized and confiscated from the mafia, after final confiscation, as well as to assist the judicial administrator under the direction of the judicial authority during the seizure phase until the confiscation of assets. It can also manage seized or confiscated assets. The Agency assists the judicial authority throughout the procedure, particularly in identifying assets.
A unique aspect of the Italian system is that the Agency ensures the social reallocation and public use of confiscated assets.
Asset Recovery Bureau
The Asset Recovery Bureau was established under the 2015 law, known as the Asset Recovery Bureau Regulations.
The Bureau is an autonomous public entity governed by a board and led by a chairperson responsible for policy development.
The missions of the Asset Recovery Bureau can be divided into three main categories:
- Asset location
- Asset management
- Asset transfer
Agentia de recuperare a bunurilor infractionale
Operational since January 2018, the Agentia de recuperare a bunurilor infractionale (Agency for the Recovery of Frozen Assets, ARBI) is attached to the Moldovan National Anti-Corruption Center, as it was originally only competent for corruption-related offenses and related crimes. Subsequently, this competence was extended to all offenses that generate profits.
Firstly, the agency proceeds with the identification of assets, and the official report then becomes evidence in the case file.
The organizational chart approved by the chancellery includes 5 subdivisions, with a total of 18 agents:
- Financial Investigations Section (6 people): receives international letters of request from the courts. The section then establishes an action plan.
- Special Investigations Section: identifies assets and property in Moldova.
- Information and Analysis System Service
- International Cooperation Service
- Evaluation, Administration, and Asset Management Service
Visit the portal of the Agentia de recuperare a bunurilor infractionale (ARBI)
Ontnemingswetgeving Openbaar Ministerie
The Ontnemingswetgeving Openbaar Ministerie is a bureau within the Dutch Ministry of Justice dedicated to criminal assets, responsible for their seizure, management, and disposal (over 23 million euros confiscated from organized crime in 2008).
Presentation of BOOM by Paul Notenboom, its Deputy Director: click here.
Visit the portal of the l'Ontnemingswetgeving Openbaar Ministerie (OOM)
Gabinete de Recuperaçao de Activos
The Gabinete de Recuperação de Activos (GRA) is an asset recovery bureau, created by the law of June 24, 2011. It is integrated into the judicial police, with investigative powers similar to those of criminal police services.
The GRA’s mission is to identify, locate, and seize assets or proceeds related to criminal offenses, both nationally and internationally. It has the authority to conduct financial or asset investigations by decision of the public prosecutor.
Visit the portal of the Gabinete de Recuperaçao de Activos (GRA)
Agentia nationala de administrare a bunurilor indisponibilizate
Created in 1996 by the Criminal Assets Bureau Act, the Criminal Assets Bureau’s jurisdiction covers organized crime and corruption. It carries out seizures and confiscations, has 52 agents, operates with a budget of 5.2 million euros, and in its 10 years of existence, has collected over 89 million euros (including previously unpaid taxes and duties).
Visit the portal of the Agentia nationala de administrare a bunurilor indisponibilizate (CAB)
Asset recovery and management agency
Created in 2017, the National Agency of Ukraine for finding, tracing and management of assets derived from corruption and other crimes (ARMA : asset recovery and management agency) has been fully operational since October 2017.
The Ukrainian National Agency responsible for identifying and managing assets derived from criminal activities is a governmental body authorized to formulate and implement a national policy for identifying assets that may be seized, as well as managing them within a criminal procedure.
The established missions are as follows:
- Improve the mechanisms for identifying illegal assets in Ukraine resulting from corruption and other crimes and develop transparent and effective mechanisms for managing seized assets.
- Present an action plan, engage in dialogues with the OECD, and establish international partnerships
In accordance with Council of Europe Decision 2007/845/JAI of December 6, 2007, ARMA is associated with the ARO/AMO network.
Visit the portal of the Asset recovery and management agency (ARMA)