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Measures to Freeze, Confiscate and Recover Proceeds of Corruption, Including Prevention of Money-Laundering

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Measures to Freeze, Confiscate and Recover Proceeds of Corruption, Including Prevention of Money-Laundering THIRD REGIONAL SEMINAR ON GOOD GOVERNANCE THIRD REGIONAL SEMINAR ON GOOD GOVERNANCE FOR SOUTHEAST ASIAN COUNTRIES MEASURES TO FREEZE, CONFISCATE AND RECOVER PROCEEDS OF CORRUPTION, INCLUDING PREVENTION OF MONEY-LAUNDERING Co-hosted by UNAFEI, the Department of Justice of the Republic of the Philippines and the UNODC Regional Centre for East Asia and the Pacific 9-12 December 2009, Manila, the Philippines UNAFEI UNITED NATIONS ASIA AND FAR EAST INSTITUTE FOR THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS UNAFEI October 2010 TOKYO, JAPAN ISBN 978-4-87033-288-1 表3白 1 THIRD REGIONAL SEMINAR ON GOOD GOVERNANCE FOR SOUTHEAST ASIAN COUNTRIES MEASURES TO FREEZE, CONFISCATE AND RECOVER PROCEEDS OF CORRUPTION, INCLUDING PREVENTION OF MONEY-LAUNDERING Co-hosted by UNAFEI, the Department of Justice of the Republic of the Philippines and the UNODC Regional Centre for East Asia and the Pacific 9-12 December 2009, Manila, the Philippines October 2010 TOKYO, JAPAN 2 3 The views expressed in this publication are those of the respective presenters and authors only, and do not necessarily reflect the views or policies of UNAFEI, the Department of Justice of the Philippines, the UNODC Regional Centre for East Asia and the Pacific, or other organizations to which those persons belong. 2 3 INDEX MEASURES TO FREEZE, CONFISCATE AND RECOVER PROCEEDS OF CORRUPTION, INCLUDING PREVENTION OF MONEY-LAUNDERING Foreword …………………………………………………………………………………………… i Introduction ………………………………………………………………………………………… iii Opening Remarks by the Honourable Agnes Devanadera, Secretary of Justice, Republic of the Philippines ……………………………………… v Introductory Remarks by Mr. Haruhiko Ukawa, Deputy Director of UNAFEI …………… vii Presentation by Mr. Michel Bonnieu, UNODC Regional Centre for East Asia and the Pacific ………………………………… xi Papers and Contributions ………………………………………………………………………… 1 Ms. Linda Samuel, Visiting Expert, USA …………………………………………………… 3 Mr. Emile van der Does de Willebois, Visiting Expert, World Bank ……………………… 10 Philippines AMLC ………………………………………………………………………… 34 Philippines OSG, DOJ ……………………………………………………………………… 39 Philippines PCGG …………………………………………………………………………… 72 Cambodia …………………………………………………………………………………… 80 Indonesia …………………………………………………………………………………… 87 Lao PDR …………………………………………………………………………………… 96 Malaysia …………………………………………………………………………………… 104 Myanmar …………………………………………………………………………………… 110 Thailand …………………………………………………………………………………… 117 Discussions and Recommendations ……………………………………………………………… 129 Summary of Discussions …………………………………………………………………… 131 Recommendations ………………………………………………………………………… 133 List of Participants, VEs and Organizers ………………………………………………………… 135 Seminar Schedule ………………………………………………………………………………… 139 Appendix …………………………………………………………………………………………… 141 Commemorative Photograph ……………………………………………………………… 142 Secretary Devandera’s Speech ……………………………………………………………… 142 Discussion Session ………………………………………………………………………… 143 Introductory Remarks ……………………………………………………………………… 143 4 5 FOREWORD It is my great pleasure and privilege to present this report of the Third Regional Seminar on Good Governance for Southeast Asian Countries which was held in Manila from 9 – 12 December 2009. This was our first opportunity to hold a Good Governance Seminar in Manila and we were deeply impressed and touched by the warm hospitality afforded to us by our Philippine hosts. The main theme of the Seminar was “Measures to Freeze, Confiscate and Recover Proceeds of Corruption, including Prevention of Money-Laundering” and it was attended by 23 criminal justice practitioners from Cambodia, Indonesia, the Lao PDR, Malaysia, Myanmar, the Philippines, and Thailand. The Seminar was co-organized by UNAFEI, the Department of Justice of the Republic of the Philippines and the UNODC Regional Centre for East Asia and the Pacific. As widely known, the United Nations Convention against Corruption (UNCAC) provides the most fundamental legal framework to tackle corruption. To effectively implement the measures provided by the UNCAC, it is indispensable to develop each country’s criminal justice practitioners’ knowledge of how identifying, tracing, freezing, confiscating and recovering the proceeds of corruption can be carried out successfully, thus overcoming their lack of expertise and experience. Therefore, the organizers decided to hold this Seminar to provide an opportunity for practitioners from Southeast Asian countries to familiarize themselves with the current situation of this global issue as it occurs in this region and to broaden their knowledge of how to identify, trace, freeze, confiscate and recover the proceeds of corruption. By the conclusion of the three-day seminar, we had gained a broader perspective from which to evaluate and analyse the current situation regarding this issue in the context of Southeast Asian countries. We also gained information on beneficial practices employed by our international colleagues and have been apprised of useful international methods of addressing this issue. On the basis of the all above, the recommendations were adopted. The recommendations reflect the very well prepared and informative presentations given by the participants and the great contributions given by the visiting experts and honourable guests. As an organizer of this Seminar, I genuinely hope that these recommendations will prove to be a practical and realistic step in our common endeavour, and that the Seminar will also contribute to the mutual understanding and friendship of the Southeast Asian nations. Finally, on behalf of UNAFEI, I would like to express my deepest appreciation to the Department of Justice of the Republic of the Philippines, especially the National Prosecution Service, and the UNODC Regional Centre for East Asia and the Pacific for their unwavering support and commitment to the realization of this Seminar. Masaki Sasaki Director, UNAFEI October 2010 − i − 6 7 INTRODUCTION Opening Remarks by The Honourable Agnes Devanadera Secretary of Justice of the Republic of the Philippines *** Introductory Remarks by Mr. Haruhiko Ukawa Deputy Director, UNAFEI *** Presentation by Mr. Michel Bonnieu Senior Legal Adviser, UNODC Regional Centre for East Asia and the Pacific − iii − 8 9 OPENING REMARKS The Honourable Agnes Devanadera Secretary of Justice of the Republic of the Philippines Mr. Makoto Katsura (Ambassador of Japan) Mr. Masaki Sasaki (Director of UNAFEI) Mr. Haruhiko Ukawa (Deputy Director of UNAFEI) Mr. Michel Bonnieu (Senior Legal Adviser, UNODC RC) Key Speakers and Participants from fellow Southeast Asian Nations Good morning! Money laundering is a particular form of corruption which remains a very serious problem in many countries, especially here in Southeast Asia. As the “life blood” of any profit-generating criminal activity, the laundering process allows terrorists, drug-traffickers, warlords, perpetrators of financial fraud, and every other criminal enterprise to perpetuate and to live lavishly from illegal activity. Money laundering is a particularly damaging aspect of corruption in many of the countries around the globe. We should note too that the problem of corruption exists in each and every nation in the world, but it is in the developing countries that the effects are more devastating. Corruption indirectly impairs the poor as it redirects funds intended for development, giving rise to more injustice and consequently discouraging foreign aid and investment. According to IMF estimates, the aggregate size of money laundering in the world is about 2-5% of global GDP. On the other hand, The Economist has estimated that about US$500 billion to US$1.5 trillion is laundered each year through the global banking system. Early this year, research by Transparency International, a global coalition against corruption, conducted a survey to determine the public’s perception about the causes of corruption and whether or not they believe their governments are effective at curbing the said phenomenon. Out of 73, 123 people in 69 countries and territories surveyed between October 2008 and February 2009, it was found that: 1. The private sector is perceived to be corrupt by half of those interviewed. 2. The general public is critical of the private sector’s role in their countries’ policy making processes. More than half of respondents held the view that bribery is often used to shape policies and regulations in companies’ favour. 3. Political parties and civil service are perceived on average to be the most corrupt sectors around the world. 4. Globally, respondents perceived political parties as the single most corrupt domestic institution, followed closely by civil service. 5. Aggregate results, however, mask the important country differences. In 13 of the countries sampled, the private sector was deemed to be the most corrupt, while in 11 countries, respondents identified the judiciary. 6. Governments are considered to be ineffective in the fight against corruption – a view that has remained worryingly consistent in most countries over time. Thirty one percent perceived them as effective, compared to the 56 percent that viewed government anti-corruption measures to be ineffective. 7. Results indicate that respondents from low-income households are more likely to pay bribes than those from high-income households when dealing with the police, the judiciary, land services and − v − 10 11 the education services. The figures that were reflected from this study support the notion that the public (or at least a portion of it) believes that governments are not exerting enough anti-corruption
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