StAR and OECD ix Acknowledgments xi Abbreviations xiii Executive Summary 1 Key Findings 1 Main Recommendations 2 1. Introduction 5 Scope of the Report 8 Methodology 8 Terminology 9 Organization of the Report 9 References 10 2. General Observations on the Data 11 References 15 3. Progress on Cases: Tracing, Freezing, and Recovering Proceeds of Corruption 17 OECD Members Pursuing Cases 17 Value of Assets Frozen and Returned by OECD Members 18 Jurisdictions Where the Proceeds Originated 23 How Are Cases Being Initiated? 26 Legal Avenues for Asset Recovery 26 Reference 29 Annex 3.1 30 4. Policy Developments 33 Setting Asset Recovery as a Policy Priority 33 Strengthening International Commitments on Asset Recovery 34 References 35 5. Legislative Developments 37 Rebuttable Presumptions 37 Administrative Freezing and Confiscation Measures 41 vi I Contents Unexplained Wealth Provisions, Illicit or Unjust Enrichment Laws 43 Non-conviction Based Confiscation 43 Legislative Gaps Remain 43 Including Asset Return in Settlement Agreements 44 References 45 6. Institutional Developments 47 Specialized Units That Focus on Asset Recovery 47 Adequate Resources and a Mandate and Incentives to be Proactive in Asset Recovery 47 Forming and Using Practitioner Networks 48 Capacity Building in Developing Countries 49 References 50 7. The Role of Developing Countries 51 Reference 54 8. The Role of Development Agencies 55 Incorporating Asset Recovery Efforts into Development Policies 55 Supporting Domestic Law Enforcement Efforts in Pursuing Cases 56 Advising on Ways to Secure Asset Return 56 Adequate Financing for Capacity-Building Efforts in Developing Countries 57 Facilitating Data Collection 58 Communicating Asset Recovery Policies, Actions, and Results 58 Advocating Policies, Laws, and Institutional Development 58 References 59 9. Conclusions 61 Appendix A. Recommendations 63 Main Recommendations from the Executive Summary 63 Additional Recommendations 64 Data Collection (from chapter 2) 64 Policy Recommendations (from chapter 4) 64 Legal Recommendations (from chapter 5) 64 Operational Recommendations (from chapter 6) 65 Recommendations for Developing Countries (from chapter 7) 65 Recommendations for Development Agencies (from chapter 8) 65 Appendix B. Nine Key Principles of Effective Asset Recovery Adopted by the G20 Anticorruption Working Group, Cannes, 2011 67 Policy Development 67 Legislative Framework 67 Institutional Framework 68 Appendix C. StAR/OECD Questionnaire 71