28 – 29 May 2019, Council of Europe, Strasbourg

Martin Polaine was engaged by the Council of Europe to conduct a study on the feasibility and advantage of a creating a new binding instrument in the Council of Europe on international co-operation to strengthen the asset recovery framework, in particular, asset management, the recovery and sharing of assets, the grant of mutual legal assistance in Non Conviction Based (NCB) confiscation, international cooperation for restitution of assets to victims; and sharing of confiscated assets between requesting and requested States.

The study which examined existing Council of Europe instruments (the Convention on Laundering , Search, Seizure and Confiscation of the Proceeds from Crime (ETS N° 141) and the Convention on Laundering , Search, Seizure and Confiscation of the Proceeds from Crime and the Financing of Terrorism (ETS N° 198)) as well as all relevant legal instruments and standards developed by the European Union (EU), the United Nations Convention against Corruption (UNCAC) and supplementary tools and the Financial Action Task Force (FATF) initiatives was presented to the Member States and Observer.

The study will be presented by Martin Polaine in Strasbourg in late May and for the form the basis of discussion at the Council of Europe.

Presentation by Mr Martin Polaine (Consultant) of a preliminary study on the feasibility and possible added value of preparing a new binding instrument as regards international co-operation on the management, the recovery and sharing of assets: followed by an exchange of views involving the COP 198. The PC-OC heard the presentation by Mr Martin Polaine of his preliminary study and had an exchange of views in the presence of Mr Lado Lalicic, representing the Secretariat of the COP 198. The PC-OC decided to:-resume discussions and take a decision on the proposal at its next meeting on the basis of the final version of the study which will be available in October.

Related links:

Martin Polaine’s ‘Preliminary Study on the Possible Added Value and Feasibility of Preparing a New Binding Instrument in the Council Of Europe on International Co-operation as regards the Management, Recovery and Sharing of Assets Proceeding From Crime’ can be accessed at:

https://rm.coe.int/pc-oc-2019-04-final-report/16809452c8

List of decisions taken at the 76thmeeting of the Committee of Experts on the Operation of European Conventions on Co-Operation in Criminal Matters (PC-OC) and European Committee on Crime Problems (CDPC):

https://rm.coe.int/pc-oc-2019-06e-list-of-decisions-76thmeeting/168094bc92

Details of the meeting details can be accessed at:

https://rm.coe.int/pc-oc-2019-oj1draftagenda76th-meeting-of-pc-oc-27-29-may-2019/168093f073