|
International asset recovery is any effort by governments to repatriate the proceeds of corruption hidden in foreign jurisdictions. Such assets may include monies in bank accounts, real estate, vehicles, arts and artifacts, and precious metals. As defined under the United Nations Convention against Corruption, asset recovery refers to recovering the proceeds of corruption, rather than broader terms such as asset confiscation or asset forfeiture which refer to recovering the proceeds or instrumentalities of crime in general. Often used to emphasize the ‘multi-jurisdictional’ or ‘cross-border’ aspects of a corruption investigation, international asset recovery includes numerous processes such as the tracing, freezing, confiscation, and repatriation of proceeds stored in foreign jurisdictions, thus "making it one of the most complex projects in the field of law".〔(Jack Smith, Mark Pieth and Guillermo Jorge, The Recovery of Stolen Assets: A Fundamental Principle of the UN Convention against Corruption ),〕 Even considering the difficulties present, Africa specialist Daniel Scher counters that international asset recovery's "potential rewards in developing countries make it a highly attractive undertaking".〔,(Daniel Scher, Asset Recovery: Repatriating Africa's Looted Billions ),〕 Despite domestic legislation in some countries allowing for the confiscation and forfeiture of proceeds of corruption, it is improvements in finance, transportation, and communications technologies in the 20th century that have made it easier for corrupt leaders and other “Politically Exposed Persons’ to conceal massive amounts of stolen wealth in offshore financial centers. By taking advantage of differences in legal systems, the high costs in coordinating investigations, lack of international cooperation, and bank secrecy in some recipient countries, corrupt officials have been able to preserve much of their loot overseas. == Social impact == Recovering stolen assets is important for a variety of reasons. According to the World Bank, the cross-border flow of proceeds from criminal activity, corruption and tax evasion is estimated between US$1–1.6 trillion per year—half of this amount is looted from developing and transition economies.〔(Stolen Assets Recovery Initiative: Challenges, Opportunities, and Action Plan ), additional text〕 US $20–40 billion of this flow originated in bribes to public officials from developing and transition countries. A 2005 report by the Commission for Africa cites a European Commission estimate that "stolen African assets equivalent to more than half of the continent's external debt are held in foreign banks accounts".〔(- Report of the Commission for Africa Report- Our Common Interest ), p.152〕 As stated by the World Bank in 2004, "corruption is... the single greatest obstacle to economic and social development. Corruption undermines development by distorting the rule of law and weakening the institutional foundation on which economic growth depends. The harmful effects of corruption are especially severe on the world’s poorest, who are most reliant on the provision of public services, and are least capable of paying the extra costs associated with fraud and corruption".〔('World Bank Topic: Anticorruption' )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「International asset recovery」の詳細全文を読む スポンサード リンク
|