Strengthening Asset Recovery Efforts in the OSCE Region

Fighting transnational organized crime and corruption by targeting criminals’ illicit proﬁts

(OSCE)

Description

The extra-budgetary project Strengthening Asset Recovery Efforts in the OSCE Region aims to improve the effectiveness of the fight against transnational organized crime and corruption, focusing on asset recovery efforts in five OSCE participating States (pS) in South-Eastern Europe and Eastern Europe: Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Moldova. The project addresses shortcomings and targeted needs in the beneficiary pS in the overall asset recovery process: (1) asset identification, tracing, seizure, confiscation; (2) asset management; and (3) asset re-use. This project constitutes Phase II of the Strengthening the fight against transnational organized crime in South-Eastern Europe through improved regional co-operation in asset seizure, confiscation, management and re-use.

Seizing and confiscating criminal assets is an effective tool to dismantle criminal networks and counter the threats posed by organized crime and corruption. Targeting the ill-gotten gains of organized crime groups deprives these groups of power and influence and the cost-efficient management of seized and confiscated assets and their re-use as community good amplifies this impact, further contributing to a broader goal of justice, rule of law and accountability.

The project, implemented cross-dimensionally by the Transnational Threats Department (TNTD) and the Office of the Co-ordinator of OSCE Economic and Environmental Activities (OCEEA), provides comprehensive support to criminal justice and law enforcement practitioners. It is divided into three components, with the strengthening of regional co-operation being a cross-cutting element of the project.

The first component of the project focuses on enhancing the capacity of criminal justice practitioners to systematically identify criminal assets and apply asset seizure and confiscation measures. Activities under this component include:

Training for judges on specific asset recovery aspects, jointly with Judicial Training Academies in the beneficiary pS

The project addresses the gaps identified in the judiciary’s understanding of aspects of the asset recovery cycle by developing specialized training activities for prosecutors and judges aimed at advancing their analytical and drafting skills for preparing decisions on asset seizure and confiscation in criminal cases. To ensure the sustainability of these capacity-building efforts, the project works closely with the national Judicial Training Academies.

International certifications and membership in international professional associations for law enforcement and prosecutors (Certified Fraud Examiner, Anti-Money Laundering Specialist and/or Forensic Accountant)

The project offers the possibility for criminal justice and law enforcement practitioners to enrol in international certification programmes that aim to provide internationally recognized technical professional skills, contributing to developing in-house expertise in the mentioned areas.

Elaboration of a judicial handbook for judges and prosecutors on relevant EU jurisprudence in asset recovery cases

Phase I of the project identified the need to provide judges and prosecutors in the beneficiary pS with a handbook on how other jurisdictions with similar legal frameworks apply measures on asset recovery in their work. As a result of this activity, and through this handbook, practitioners will get a better understanding of how asset recovery cases can be solved and will be able to apply the experience and expertise from other countries to their work.

Study on good practices in asset seizure and confiscation in the OSCE Region

The project aims to develop a study on good and innovative practices from OSCE pS related to the seizure, confiscation, management and re-use of assets of crime and corruption, including victim compensation.

The second component of the project focuses on improving informal cross-border exchange of information on organized crime cases among specialized organized and economic crime prosecutor’s offices and regional co-operation mechanisms. Specifically, it provides operational support to the Balkan Asset Management Interagency Network (BAMIN) and the Permanent Conference of Organized Crime Prosecutors (PCOCP).

Activities within this component include:

Providing support to Asset Management Offices (implemented through an Implementing Partnership Agreement)

The project supports BAMIN – a unique network comprised of 19 Asset Management Offices – with reaching its goal of increasing the efficiency and cost-effectiveness of criminal asset management. BAMIN provides a platform for exchange of information and good practices on the management of seized and confiscated assets. The project supports BAMIN in providing training activities and individual mentoring on specific management cases as well as the organization of Annual General Meetings, in which BAMIN members and observers take part.

Providing operational support to the Permanent Conference of Organized Crime Prosecutors

PCOCP is an informal co-operation network established in 2016 through an initiative of the OSCE Mission to Serbia. The network is instrumental in facilitating exchange of information on asset recovery among pS in South-Eastern Europe and beyond. At present, the network is comprised of 13 prosecutor’s offices that meet annually to exchange good practices and discuss developments in the field of asset recovery.

The third component of the project aims to increase the engagement of the public in the prevention of and fight against organized crime, especially through national and regional awareness-raising and capacity-building workshops that promote the social re-use of confiscated assets.

Awareness-raising campaign on social re-use

The project aims to design an awareness-raising campaign on the social re-use of confiscated assets, targeting all actors involved in the process, which will share information on the benefits and challenges related to social re-use practices.

Establishment of a regional network of civil society organizations (CSOs) to promote cross-border co-operation and facilitate exchange of information

The project aims to create a regional network of CSOs that can benefit from social re-use activities, with the purpose to facilitate co-operation among CSOs and to provide a platform for the exchange of information.

Training for Asset Management Offices (AMOs) and CSOs / Replication of concrete social re-use models

Phase I of the project provided one concrete example of re-use by supporting a social re-use project in Albania (2021-2022). Taking stock of this experience and gained knowledge, Phase II of the project continues to support AMOs and CSOs from other beneficiary pS to work together in re-using a confiscated asset for social purposes.

Partners

Balkan Asset Management Interagency Network

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Basel Institute on Governance

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