UNCAC Chapter V and the Recovery and Return of Stolen Public Assets
UNCAC Chapter V training on the convention's asset recovery provisions and how to use them to trace, recover and return stolen public assets.
Course overview
The United Nations Convention against Corruption was the first treaty to make asset recovery a fundamental principle, and its Chapter V sets out how states should cooperate to recover and return the proceeds of corruption. Many practitioners in the region know of it but have never used it directly in a case. This UNCAC Chapter V training explains the provisions and shows how they work in practice.
Participants study each article of Chapter V: prevention and detection of transfers of proceeds, measures for direct recovery, recovery through international cooperation in confiscation, special cooperation, return and disposal of assets, financial intelligence units and bilateral agreements. They examine how these provisions are reflected in national laws in the region, how they interact with mutual legal assistance under Chapter IV, and what the UNCAC implementation review has found. Practical sessions use the provisions in case scenarios, including direct civil actions by states in foreign courts and negotiations on return.
Participants leave able to use UNCAC Chapter V as a practical tool in recovering and returning stolen public assets.
What you will be able to do
- Explain the purpose and structure of UNCAC Chapter V
- Apply the provisions on prevention, direct recovery and international cooperation
- Use the return and disposal provisions in negotiations
- Relate Chapter V to national law and to mutual legal assistance
- Draw lessons from the UNCAC implementation review
- Plan a recovery case using Chapter V tools
Who should attend
For prosecutors, central authority officers, anti-corruption officials and policy makers working on the recovery of corruption proceeds.
- Prosecutors and state counsel
- Central authority officers
- Anti-corruption agency officials
- Ministry of justice and foreign affairs officials
- Asset recovery agency officers
- Civil society anti-corruption advocates
Course outline
Day 1UNCAC and Asset Recovery
Topics
- History and purpose
- Asset recovery as a fundamental principle
- Structure of Chapter V
- Link with other chapters
- Implementation review mechanism
- Regional ratification and implementation
Day 2Prevention and Detection
Topics
- Article 52 obligations
- Enhanced scrutiny of PEPs
- Beneficial ownership
- Financial intelligence units
- Asset declarations
- Correspondent banking
Day 3Direct Recovery and Cooperation in Confiscation
Topics
- Direct recovery through civil action
- Recognition of ownership
- Compensation and damages
- Confiscation for foreign states
- Provisional measures
- Non-conviction-based cooperation
Day 4Return and Disposal
Topics
- Article 57 return obligations
- Proof of ownership and damage
- Deduction of expenses
- Case-by-case agreements
- Use of returned assets
- Transparency principles
Day 5Using Chapter V in Practice
Topics
- Combining Chapters IV and V
- Practical obstacles
- Regional case studies
- Coordination of agencies
- Working with civil society
- Action planning
Course outcome
Participants leave able to use UNCAC Chapter V to recover and return stolen public assets.
Dates & fees
Full training calendarFees are per participant in US dollars and cover tuition, course materials and your certificate. Travel and accommodation are not included.