Preventing and combating corrupt practices and the transfer of proceeds of corruption,
facilitating asset recovery and returning such assets to legitimate owners, in particular to
countries of origin, in accordance with the United Nations Convention against Corruption
A/RES/73/190
Reaffirming its concern about the laundering and transfer of stolen assets and
proceeds of corruption, and stressing the need to address this concern in accordance
with the Convention,
Expressing concern over illicit financial flows, and related tax evasion,
corruption and money-laundering, and their negative impact on the world economy,
and inviting Member States to consider developing strategies or policies to combat
those practices and to curb the harmful effects of jurisdictions and te rritories that are
uncooperative in tax matters and to strive to eliminate safe havens that create
incentives for the transfer abroad of stolen assets and for illicit financial flows,
Noting the efforts made by all States parties to the Convention in trac ing,
freezing and recovering their stolen assets, and underlining the need to redouble
efforts to assist in the recovery of those assets in order to preserve stability and
sustainable development,
Recognizing that States continue to face challenges in recovering assets owing
to differences between legal systems, the complexity of multijurisdictional
investigations and prosecutions, the limited implementation of effective domestic
tools such as non-conviction-based forfeiture for asset recovery, as well as other
administrative or civil procedures leading to confiscation, lack of familiarity with the
mutual legal assistance procedures of other States and difficulties in identifying the
flow of corruption proceeds, and noting the particular challenges posed in recovering
the proceeds of corruption in cases involving individuals who are or have been
entrusted with prominent public functions, as well as their family members and close
associates,
Concerned about the difficulties, particularly the legal and practi cal difficulties,
that both requested and requesting States face in asset recovery, taking into account
the particular importance of the recovery of stolen assets for sustainable development
and stability, and noting the difficulty of providing information establishing a link
between proceeds of corruption in the requested State and the crime committed in the
requesting State, which in many cases can be difficult to prove,
Recognizing the common difficulties experienced by States parties to the
Convention in establishing a nexus between identified assets and the crime from
which such assets are derived, and emphasizing the critical importance of effective
domestic investigative efforts and international cooperation to overcome such
difficulties,
Recognizing also the critical importance of effective international cooperation
in efforts to combat corruption, particularly with respect to offences specified in the
Convention with a transnational element, and encouraging continued cooperation by
States parties, consistent with the requirements of the Convention, in all efforts to
investigate and prosecute natural and legal persons, including the use of other legal
mechanisms, where appropriate, for offences specified in the Convention and to
recover assets related to such offences, consistent with chapter V of the Convention,
Calling upon all States parties to the Convention and, in particular, requested
and requesting States, to cooperate to recover the proceeds of corruption and
demonstrate strong commitment to ensure the return or disposal of such proceeds in
accordance with article 57 of the Convention,
Noting the responsibility of requesting and requested States parties to cooperate
to ensure that a greater proportion of the proceeds emanating from corruptio n are
recovered, returned or otherwise disposed of in accordance with the provisions of the
Convention,
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