This book compiles presentations, analyses, and discussions among experts at the regional seminar organized by the ADB/OECD Anti-Corruption Initiative for Asia and the Pacific held in September 2007 in Bali, Indonesia. This publication aims to serve as a resource for practitioners and policy makers who wish to learn from the experiences of other countries in strengthening frameworks and practices for mutual legal assistance and the recovery of assets of corruption.

Executive Summary
While it grows easier for corrupt agents to move—and to move the proceeds of their crimes—across borders, law enforcement operates within national boundaries. Mutual legal assistance (MLA) is often required to bring the corrupt to justice and to recover assets.

Today, existing mechanisms for mutual legal assistance are largely inadequate for a variety of reasons. Legal and institutional frameworks for MLA in many countries in the region and beyond need to be strengthened. Shortcomings in practice, and limited knowledge and capacity to implement the existing frameworks, also contribute to deficiencies in transnational cooperation in prosecuting corruption.

The thorough implementation of international standards—in particular, the UN Convention against Corruption (UNCAC) and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Anti-Bribery Convention)—would clear many obstacles and strengthen the effectiveness of providing MLA for corruption offenses.

Enhanced transnational networks of practitioners, regular exchanges among experts, and dissemination of knowledge would further contribute to enhancing the mutual provision of legal assistance in Asia and the Pacific, and beyond. ...

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ADB/OECD Anti-Corruption Initiative for Asia and the Pacific

Proceedings of the 6th Regional Seminar on Making International Anti-Corruption Standards Operational
Held in Bali, Indonesia, on 5–7 September 2007 and hosted by the Corruption Eradication Commission, Indonesia

Asian Development Bank
Organisation for Economic Co-operation and Development in cooperation with the Basel Institute on Governance

Foreword
Since its inception in 1999, the Asian Development Bank/Organisation for Economic Co-operation and Development (ADB/OECD) Anti-Corruption Initiative for Asia and the Pacific supports its members in strengthening their policies, frameworks, and practices to fight corruption. Driven by the demand and priorities of its members, the Initiative fosters regional policy dialogue and analysis and helps in building capacity through regional technical seminars.

Obtaining legal assistance for investigations and prosecutions of corruption cases from other countries has been identified in the Asia and Pacific region and beyond as one biggest obstacle to effectively fight corruption. Mutual legal assistance (MLA) is also essential for the recovery of proceeds of corruption.

Since early 2005, the member countries and jurisdictions of the ADB/OECD Anti-Corruption Initiative for Asia and the Pacific have held regular policy dialogues and expert meetings to strengthen their frameworks and practices for requesting and providing legal assistance. The 5th Regional Anti-Corruption Conference for Asia-Pacific in September 2005 included a workshop to this topic, and a technical seminar on Denying Safe Haven to the Corrupt and the Proceeds of Corruption was held in March 2006. In 2006/2007, the Initiative‘s members carried out an in-depth review on frameworks and practices for mutual legal assistance, extradition, and the recovery of proceeds of corruption.

International anti-corruption instruments, such as the United Nations Convention against Corruption (UNCAC) and the OECD anti-bribery instruments, attach great importance to effective mechanisms for mutual legal assistance (MLA) and asset recovery. As a growing number of countries in Asia and the Pacific have committed to these standards, demand for mutual learning in this area increases. The Initiative‘s members naturally called on the Initiative and its partners—the Basel Institute on Governance and the UN Office on Drugs and Crime—to provide this assistance. In response to this request, the Initiative conducted a regional technical seminar on asset recovery and MLA.

Hosted and co-organized by the Corruption Eradication Commission of Indonesia, this regional technical seminar gathered more than 150 experts from the Initiative‘s member countries, observer countries, and OECD member countries in Bali on 5–7 September 2007. This volume compiles the experience shared by experts during the seminar. It is addressed to policy makers, practitioners, and experts who wish to learn from experiences of other countries in strengthening frameworks and practices for mutual legal assistance and the recovery of assets from abroad.

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