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Whole Text (PDF: 5395KB) THIRTEENTH REGIONAL SEMINAR ON GOOD GOVERNANCE FOR SOUTHEAST ASIAN COUNTRIES Hosted by UNAFEI 17-19 December 2019, Tokyo, Japan October 2020 TOKYO, JAPAN - 1 - 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 Government of Japan, or other organizations to which those persons belong. SETO Takeshi Director United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) 2-1-28 Mokuseinomori, Akishima-shi, Tokyo 196-8570, Japan http://www.unafei.or.jp [email protected] - 2 - FOREWORD It is my great pleasure and privilege to present this report of the Thirteenth Regional Seminar The views expressed in this publication are those of the respective presenters and authors on Good Governance for Southeast Asian Countries, which was held in Tokyo, Japan, from 17– only, and do not necessarily reflect the views or policies of UNAFEI, the Government of 19 December 2019. The Good Governance Seminar was held in Japan for the third time, although Japan, or other organizations to which those persons belong. it was the first time that the seminar was held at UNAFEI’s new facility in Akishima City. The main theme of the seminar was Effective Financial Investigation and Anti-Money- Laundering Measures for Confiscation and Asset Recovery to Counter New and Emerging Corruption Threats. The Seminar was attended by two visiting experts – one from the Hong Kong Independent Commission Against Corruption (ICAC) and one from the United States Department – of Justice (USDOJ) and 23 criminal justice practitioners from the countries of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Timor-Leste and Viet Nam. It should be noted that this Seminar marks the first occasion on which Timor-Leste participated in the Good Governance Seminar. Corruption is a complex social, political and economic phenomenon that affects all countries. Corruption undermines democratic institutions, slows economic development and contributes to governmental instability. As with other regions in the world, the fight against corruption in Southeast Asian countries has taken on an international dimension. The main theme of the Thirteenth Seminar focused on providing updates on the latest anti-corruption measures and corruption-related trends across Southeast Asia. The seminar explored existing and emerging corruption trends, identified challenges which frustrate effective financial investigations, and shared best practices for investigating money- laundering and confiscating illicit proceeds of corruption in the participating countries. Through discussion of issues – such as professional, team-based approaches to investigate corruption and trace proceeds; the emerging criminal use of peer-to-peer mobile payment platforms, digital wallets, and cryptoassets; proactive asset confiscation and recovery techniques; and the extensive use of international cooperation, among others – the participants exchanged knowledge, experiences, effective strategies and best practices in the field of anti-corruption. The Chair’s Summary, published in this report, details the key conclusions and recommendations of the SETO Takeshi Seminar. In addition, the seminar enabled the participants to develop personal and professional Director contacts between anti-corruption authorities and investigators in Southeast Asia. United Nations It is a pleasure to publish this report of the seminar as part of UNAFEI’s mission, entrusted to Asia and Far East Institute it by the United Nations, to widely disseminate meaningful information on criminal justice. for the Prevention of Crime and the Treatment of Offenders (UNAFEI) 2-1-28 Mokuseinomori, Akishima-shi, Tokyo 196-8570, Japan SETO Takeshi http://www.unafei.or.jp Director, UNAFEI [email protected] October 2020 - 3 - - 4 - INDEX EFFECTIVE FINANCIAL INVESTIGATION AND ANTI-MONEY-LAUNDERING MEASURES FOR CONFISCATION AND ASSET RECOVERY TO COUNTER NEW AND EMERGING CORRUPTION THREATS Introduction ..................................................................................................................................... 7 Opening Remarks by Mr. SETO Takeshi, Director, UNAFEI ................................................ 9 Chair’s Summary .......................................................................................................................... 11 Papers and Contributions .............................................................................................................. 17 Visiting Expert, Ms. Kate Cheuk, Principal Investigator, Operations Department, Independent Commission Against Corruption (ICAC), Hong Kong ..................................... 19 Brunei Darussalam .................................................................................................................... 31 Cambodia .................................................................................................................................. 36 Indonesia ................................................................................................................................... 44 Lao PDR .................................................................................................................................... 55 Malaysia .................................................................................................................................... 60 Myanmar ................................................................................................................................... 73 Philippines ................................................................................................................................. 85 Singapore................................................................................................................................. 115 Thailand ................................................................................................................................... 124 Timor-Leste ............................................................................................................................. 142 Viet Nam ................................................................................................................................. 152 List of Participants, Speakers and Organizers ............................................................................ 157 Seminar Schedule........................................................................................................................ 160 Appendix ..................................................................................................................................... 162 Photographs............................................................................................................................. 163 - 5 - - 6 - INTRODUCTION Opening Remarks by Mr. SETO Takeshi Director of UNAFEI - 7 - - 8 - OPENING REMARKS SETO Takeshi* Distinguished experts and participants, ladies and gentlemen, It is a great pleasure and privilege for me to announce the opening of the Thirteenth Regional Seminar on Good Governance for Southeast Asian Countries. We sincerely welcome all of you to this significant forum, which is taking place at UNAFEI for the second time in the history of this seminar. Since 2007, this seminar has been an exceptional opportunity for criminal justice practitioners in Southeast Asian countries to share our experiences in pursuit of the eradication of corruption in this region. The seminar has been co-hosted by UNAFEI and participating countries: it was first held in Thailand, and then the Philippines, Japan, Malaysia, Indonesia and, last year, Viet Nam. Over these twelve years, we have seen and discussed many developments in anti-corruption- legislation and criminal justice practices in this region, including the recent acceptance of UNCAC by Japan. In the latest two seminars in Viet Nam, we wrapped up those efforts and developments by discussing “Best practices in anti-corruption: a decade of institutional and practical development in Southeast Asia” in the eleventh seminar and “The latest regional trends in corruption and effective countermeasures by criminal justice authorities” in the twelfth seminar. This time, we will address many issues which we have dealt with in our past seminars from new perspectives. Thus, we have decided to host the seminar at UNAFEI again to make a new start in our endeavour to fight against corruption. We are very happy and proud to show off our new UNAFEI facility, which moved to Akishima just two years ago. This time, in our three-day discussion, we will focus on “Effective Financial Investigation and Anti-Money-Laundering Measures for Confiscation and Asset Recovery”. Our theme is based on what we discussed in our third seminar in 2009 with a broader perspective to counter new and emerging corruption threats. Due to the globalization of crimes and the development of new technologies and financial systems in the last decade as stated above, the modus operandi of corruption and the laundering of corruption proceeds has become increasingly complex and sophisticated. Therefore, we find it extremely useful to revisit this topic to share the updates of each participating country’s current situation of corruption and laundering of corruption proceeds, legal frameworks and best practices for identification, tracing, freezing, seizure, confiscation and
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