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Working Paper 17: The role of donors in the recovery of stolen assets 工作文件17:捐助者在追回被盗资产方面的作用
Basel Institute on Governance Working Papers Pub Date : 2014-12-01 DOI: 10.12685/bigwp.2014.17.1-40
G. Fenner, Pedro Paulo Gomes Pereira, F. de Simone
{"title":"Working Paper 17: The role of donors in the recovery of stolen assets","authors":"G. Fenner, Pedro Paulo Gomes Pereira, F. de Simone","doi":"10.12685/bigwp.2014.17.1-40","DOIUrl":"https://doi.org/10.12685/bigwp.2014.17.1-40","url":null,"abstract":"Financial crimes such as corruption, fraud, and embezzlement generate significant profits, often at the expense of the public budget. These proceeds of crime are usually hidden outside of the country where the crime was originally committed, and laundered through complex financial and commercial transactions, often spanning across numerous jurisdictions. \u0000Asset recovery – the process of identifying, restraining, seizing, and repatriating these assets to the countries from whence they were originally stolen – is one of the greatest challenges for the global anti-corruption movement. Asset recovery is also an essential development challenge, as it usually involves repatriating funds back to a developing country where they were stolen, and where they could be used to support development projects. \u0000As a bridge between aid recipient and donor countries, donor agencies are uniquely positioned to support asset recovery initiatives. Interesting examples are emerging of how donors can support asset recovery by: \u0000 \u0000supporting international standards and initiatives; \u0000providing technical assistance and capacity building (most often through third parties); \u0000encouraging policy coherence at home; \u0000helping build political will; and \u0000providing assistance during the asset repatriation phase. \u0000","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130276039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Working Paper 16: Social accountability and its conceptual challenges 工作文件16:社会问责制及其概念挑战
Basel Institute on Governance Working Papers Pub Date : 2013-02-01 DOI: 10.12685/bigwp.2013.16.1-24
Claudia Baez Camargo, E. Jacobs
{"title":"Working Paper 16: Social accountability and its conceptual challenges","authors":"Claudia Baez Camargo, E. Jacobs","doi":"10.12685/bigwp.2013.16.1-24","DOIUrl":"https://doi.org/10.12685/bigwp.2013.16.1-24","url":null,"abstract":"Social accountability has become a favoured approach among most major multilateral and bilateral donors to develop grass roots mechanisms for democratic governance. In a successful scenario, citizen participation can promote more responsive governments and better provision of basic services by linking users’ feedback to the policy design, implementation and monitoring activities typically undertaken by the state. \u0000However, there is a lack of agreement about which specific types of social accountability interventions yield the best results and what are the causal pathways that are critical to generate positive changes. This paper presents an analytical framework that identifies the key components that are required to exercise effective direct accountability and provides a blueprint to assess social accountability initiatives. \u0000This paper appeared in eucrim, the European Criminal Law Associations’ Forum, 2013/2, published by Max Planck Society for the Advancement of Science, c/o Max Planck Institute for Foreign and International Criminal Law, Freiburg i. B., Germany.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"198 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120907471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Working Paper 15: Tracking and tracing stolen assets in foreign jurisdictions 工作文件 15：在外国法域追踪被盗资产
Basel Institute on Governance Working Papers Pub Date : 2013-01-01 DOI: 10.12685/bigwp.2013.15.1-22
C. Monteith, Andrew Dornbierer
{"title":"Working Paper 15: Tracking and tracing stolen assets in foreign jurisdictions","authors":"C. Monteith, Andrew Dornbierer","doi":"10.12685/bigwp.2013.15.1-22","DOIUrl":"https://doi.org/10.12685/bigwp.2013.15.1-22","url":null,"abstract":"It has been estimated that roughly 1.6 trillion USD in criminal proceeds are laundered through the international financial system each year. To put this in perspective, this sum is more than the combined GDPs of Switzerland, Portugal, Romania, Belarus, and Austria in 2011. \u0000To enjoy this unnerving amount of illicit assets, criminals are forced to launder these funds through legitimate international financial channels in an attempt to disguise their illegitimate origins. Consequently, if an investigator knows how and where to look, there is always a connection that links a criminal’s assets to his or her crimes – and if sufficient evidence of this connection can be shown, then law enforcers can use it to successfully take legal action and return the assets to the victims of their crime. \u0000This paper appeared in eucrim, the European Criminal Law Associations’ Forum, 2013/2, published by Max Planck Society for the Advancement of Science, c/o Max Planck Institute for Foreign and International Criminal Law, Freiburg i. B., Germany.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127946497","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Working Paper 14: Using money laundering investigations to fight corruption in developing countries 工作文件14:利用洗钱调查打击发展中国家的腐败
Basel Institute on Governance Working Papers Pub Date : 2012-12-01 DOI: 10.12685/bigwp.2012.14.1-18
Pedro Paulo Gomes Pereira, Alessandra Fontana
{"title":"Working Paper 14: Using money laundering investigations to fight corruption in developing countries","authors":"Pedro Paulo Gomes Pereira, Alessandra Fontana","doi":"10.12685/bigwp.2012.14.1-18","DOIUrl":"https://doi.org/10.12685/bigwp.2012.14.1-18","url":null,"abstract":"Anti-money laundering systems have the potential to curb the use of proceeds of corruption and other crimes by the perpetrators. An effectively implemented anti-money laundering framework limits the channels through which illicit funds can be laundered, making crime riskier and reducing the incentives for corrupt activities. \u0000However, those who stand to benefit from corruption have strong incentives to block anti-money laundering programmes. In addition, these programmes face significant obstacles to effectiveness in most developing countries. Relevant institutions do not trust each other sufficiently to share information necessary for investigations. Counties lack qualified staff and necessary resources, and slow bureaucratic procedures are unable to keep up with the speed of financial transactions. \u0000This paper explores these and other domestic obstacles and suggests strategies to overcome them, based on an analysis of the situations in Albania and Tanzania.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117331527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Working Paper 13: Collective Action and corruption 工作文件13:集体行动与腐败
Basel Institute on Governance Working Papers Pub Date : 2012-09-01 DOI: 10.12685/bigwp.2012.13.1-23
M. Pieth
{"title":"Working Paper 13: Collective Action and corruption","authors":"M. Pieth","doi":"10.12685/bigwp.2012.13.1-23","DOIUrl":"https://doi.org/10.12685/bigwp.2012.13.1-23","url":null,"abstract":"The working paper outlines the historical background and early experiments in the field of Collective Action. It also examines methods and challenges and depicts recent examples of Collective Action initiatives.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"55 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113973933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Working Paper 12: Basel Art Trade Guidelines 工作文件12:巴塞尔艺术品交易指南
Basel Institute on Governance Working Papers Pub Date : 2012-01-01 DOI: 10.12685/bigwp.2012.12.1-22
T. Christ, Claudia Von Selle
{"title":"Working Paper 12: Basel Art Trade Guidelines","authors":"T. Christ, Claudia Von Selle","doi":"10.12685/bigwp.2012.12.1-22","DOIUrl":"https://doi.org/10.12685/bigwp.2012.12.1-22","url":null,"abstract":"The art trade market is global, highly fragmented and complex, involving a great variety of operators. In light of this complexity, the current level of regulation and existing compliance efforts by individual operators has proven to be insufficient. With some competitors engaged in unethical or illegal behaviour, operating profitably while acting with integrity and ethics is increasingly difficult. \u0000As other industry sectors (e.g. the financial sector when faced with the challenge of effectively combating money laundering) have experienced, Collective Action by key market participants can be a highly effective way to systematically and comprehensively address such business practices and to ensure fair and efficient competition in a global market.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117099990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Working Paper 11: A framework to assess governance of health systems in low-income countries 工作文件11:评估低收入国家卫生系统治理的框架
Basel Institute on Governance Working Papers Pub Date : 2011-08-01 DOI: 10.12685/bigwp.2011.11.1-22
Claudia Baez Camargo, E. Jacobs
{"title":"Working Paper 11: A framework to assess governance of health systems in low-income countries","authors":"Claudia Baez Camargo, E. Jacobs","doi":"10.12685/bigwp.2011.11.1-22","DOIUrl":"https://doi.org/10.12685/bigwp.2011.11.1-22","url":null,"abstract":"As awareness of the role governance in the performance of health systems has increased, so has the need to come up with systematic means to evaluate governance shortcomings to develop adequate interventions. \u0000This working paper describes a framework to assess governance in the health systems of low-income countries that is intended to have empirical applicability with a problem-driven approach. The analysis is grounded on a re-categorization of governance dimensions for greater heuristic power, with an emphasis made on the importance of strategic systems design and accountability. \u0000The proposed methodology includes mapping of both formal and informal institutions, actors and networks. This underscores the idea that in order to properly address governance weaknesses it is of utmost importance to have an insight into whether the interplay of formal and informal norms facilitates or undermines system performance.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127755233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Working Paper 10: Accountability for better healthcare provision 工作文件10:改善医疗保健服务的问责制
Basel Institute on Governance Working Papers Pub Date : 2011-07-01 DOI: 10.12685/bigwp.2011.19.1-22
Claudia Baez Camargo
{"title":"Working Paper 10: Accountability for better healthcare provision","authors":"Claudia Baez Camargo","doi":"10.12685/bigwp.2011.19.1-22","DOIUrl":"https://doi.org/10.12685/bigwp.2011.19.1-22","url":null,"abstract":"Strengthening accountability in public service provision is increasingly recognized as a precondition to improve the performance of the health sector in low-income countries. However, progress in this field has been hampered to a great extent because of empirical difficulties in measuring and assessing accountability. \u0000This article provides a clear operational definition of the concept and discusses how and why accountability in public health service provision presents distinct challenges to the institutional capabilities of most developing countries. On the basis of both elements a set of guidelines to empirically assess accountability in health services is offered.","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116863638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Working Paper 9: The situation of Financial Intelligence Units in Central and Eastern Europe and the former Soviet Union 工作文件9:中欧和东欧及前苏联金融情报单位的情况
Basel Institute on Governance Working Papers Pub Date : 2011-01-01 DOI: 10.12685/bigwp.2011.9.1-35
K. Strauss
{"title":"Working Paper 9: The situation of Financial Intelligence Units in Central and Eastern Europe and the former Soviet Union","authors":"K. Strauss","doi":"10.12685/bigwp.2011.9.1-35","DOIUrl":"https://doi.org/10.12685/bigwp.2011.9.1-35","url":null,"abstract":"The transition process in many countries in Central and Eastern Europe from a one-party state to a democratic system has been long and difficult and has frequently been accompanied by institutional instability. \u0000The judiciary and law enforcement bodies have been no exception. Both have suffered from a weak legal tradition in many countries of the region, weak implementation of existing legislation, limited operational effectiveness, corruption and the influence of informal personal networks. These developments can also be observed in the area of financial intelligence. \u0000Following the fall of the Berlin wall in 1989 and the events of September 2001, most countries of the region adopted legislation aimed at combating money laundering and terrorist financing, as required by their international commitments as well as EU entry requirements. In this context, most countries also set up the required institutions, notably a Financial Intelligence Unit (FIU).","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115801608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Working Paper 8: The recovery of stolen assets 工作文件8:追回被盗资产
Basel Institute on Governance Working Papers Pub Date : 2010-01-01 DOI: 10.12685/bigwp.2010.8.1-13
Kodjo Attisso
{"title":"Working Paper 8: The recovery of stolen assets","authors":"Kodjo Attisso","doi":"10.12685/bigwp.2010.8.1-13","DOIUrl":"https://doi.org/10.12685/bigwp.2010.8.1-13","url":null,"abstract":"The recovery of stolen assets is a fundamental principle of the UN Convention against Corruption (UNCAC). By including this element in the said Convention, the international community recognizes the negative impacts on countries and populations deprived of the billions of dollars that are diverted each year by their corrupt leaders and public officials. \u0000The confiscation and restitution of these illicitly acquired funds may benefit affected, generally poor, countries in urgent need of resources to finance, for example, social programs or infrastructural projects. As these assets are essential for the well-being of the population, their repatriation can thus contribute to repairing the damage caused by the embezzlement. \u0000This paper intends to analyze the way in which fundamental human rights are susceptible to being violated by the illegal acquisition of personal wealth; these are essentially economic, social and cultural rights. Furthermore, the paper tries to identify who the victims are. It shows not only the necessity of punishing the perpetrators of corrupt practices but also underlines the need to guarantee that their fundamental rights, such as the presumption of innocence and the guarantee of property rights, are respected in the process of asset recovery. \u0000Approaching the issue of asset recovery with a human rights perspective it becomes clear that asset recovery is a process whereby it is essential to respect not only the victims’ interests but also to preserve the rights of all persons concerned. ","PeriodicalId":447485,"journal":{"name":"Basel Institute on Governance Working Papers","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129955421","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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