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Asset Recovery Handbook : A Guide for Practitioners

Brun, Jean-Pierre; Gray, Larissa; Scott, Clive; Stephenson, Kevin M.
Fonte: World Bank Publicador: World Bank
Português
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66.62%
The handbook is organized into nine chapters, a glossary, and ten appendixes of additional resources. Chapter one provides a general overview of the asset recovery process and legal avenues for recovery, along with practical case examples. Chapter two presents a host of strategic considerations for developing and managing an asset recovery case, including gathering initial sources of facts and information, assembling a team, and establishing a relationship with foreign counterparts for international cooperation. Chapter three introduces the techniques that practitioners may use to trace assets and analyze financial data, as well as to secure reliable and admissible evidence for asset confiscation cases. The provisional measures and planning necessary to secure the assets prior to confiscation are discussed in chapter four; and chapter five introduces some of the management issues that practitioners will need to consider during this phase. Confiscation systems are the focus of chapter six, including a review of the different systems and how they operate and the procedural enhancements that are available in some jurisdictions. On the issue of international cooperation...

Public Office, Private Interests : Accountability through Income and Asset Disclosure

World Bank; United Nations Office on Drugs and Crime
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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56.33%
The fight against corruption is a developmental imperative. While international efforts have achieved some significant results, they also illustrate the extent of the challenges that remain. A key lesson of experience is that tackling corruption needs to be waged simultaneously on two fronts: prevention and enforcement. Both approaches are complementary and self-reinforcing. The vast scale of illicit financial flows from the proceeds of corruption and the challenges associated with national and international asset recovery efforts call, in particular, for significant investments in prevention and a broadening of prevention tools. Income and asset disclosure (IAD) systems are gaining prominence as a tool in the fight against corruption, and have the potential to support efforts in both prevention and enforcement. This contribution is recognized in the United Nations Convention against Corruption (UNCAC) and other international anticorruption agreements. Chapter one of this guides provides an overview of the objectives of IAD systems...

Bulgaria : Household Welfare during the 2010 Recession and Recovery

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
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36.24%
This report assesses the impact of the 2009 recession and the fragile recovery of 2010 on the welfare of Bulgarian households and the effectiveness of Government policies in mitigating its costs. By the beginning of 2009, the global economic crisis had affected much of Europe, including Bulgaria. The output decline lasted five quarters, followed by a modest increase during the rest of 2010. However, despite the large fluctuation in output during 2009-10, households preserved their 2008 income level throughout this period. What lies behind this example of successful income smoothing amid a large regional and national recession? Which were the key transmission channels through which the macro crisis filtered through to the household level? What population groups were most affected? What was the role played by public policy in mitigating the impact of the crisis? What lessons can be learned from the Bulgarian experience on protecting households during a crisis, while maintaining prudent fiscal and macroeconomic policies? To answer these questions...

On the Take : Criminalizing Illicit Enrichment to Fight Corruption

Muzila, Lindy; Morales, Michelle; Mathias, Marianne; Berger, Tammar
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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46.17%
Developing countries lose an estimated US$20–40 billion each year through bribery, misappropriation of funds, and other corrupt practices. Often, the most visible manifestation of corruption is the enrichment of a corrupt public official. Despite such visibility, prosecuting corruption can be very problematic, particularly when it requires proving the offer or acceptance of a bribe. Even when the corruption is established in a court of law, linking the proceeds of the crime to the offense in order to recover assets is a complex endeavor. In response, some countries looking to strengthen their overall arsenal against corruption have criminalized illicit enrichment. In its Article 20, the United Nations Convention against Corruption (UNCAC) recommends, but does not mandate, States Parties to adopt illicit enrichment as a criminal offense, defining the same as an intentional and “significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.” The illicit enrichment offense has spurred significant debates involving due processes of law. Others question how jurisdictions are actually using the offense. Finally, many jurisdictions that serve as financial centers do not recognize illicit enrichment as an offense...

Income and Asset Disclosure : Case Study Illustrations

World Bank; UNODC
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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46.27%
The requirement that public officials declare their income and assets can help deter the use of public office for private gain. Income and asset disclosure (IAD) systems can provide a means to detect and manage potential conflicts of interest, and can assist in the prevention, detection, and prosecution of illicit enrichment by public officials. Growing attention to anticorruption policies, institutions, and practices has led to increased interest in financial disclosure systems and the role they can play in supporting national anticorruption strategies and in helping to instill an expectation of ethical conduct for individuals in public office. IAD systems are also a key element in the implementation and enforcement of provisions of the United Nations Convention against Corruption and other international anticorruption agreements. This attention has sparked interest among policy makers and practitioners in the design features and implementation practices that make for effective financial disclosure administration. The case studies collected in this volume are intended to profile a range of systems and practices to help respond to this growing interest.

Left Out of the Bargain : Settlements in Foreign Bribery Cases and Implications for Asset Recovery

Oduor, Jacinta Anyango; Fernando, Francisca M. U.; Flah, Agustin; Gottwald, Dorothee; Dorothee, Jeanne M.; Mathias, Marianne; Park, Ji Won; Stolpe, Oliver
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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56.4%
Over the past decade, countries have increasingly used settlements—that is, any procedure short of a full trial—to conclude foreign bribery cases and have imposed billions in monetary sanctions. There exists a gap in knowledge, however, regarding settlement practices around the world and the disposition of these monetary sanctions—notably through the lens of recovery of stolen assets. Left Out of the Bargain , a study by the Stolen Asset RecoveryInitiative (StAR), provides an overview of settlement practices by civil and common law countries that have been active in the fight against foreign bribery.

EU11 Regular Economic Report, Issue #28, December 2013 : Promoting Shared Prosperity during a Weak Recovery in Central and Eastern Europe

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
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36.27%
Economic prospects for the 11 European Union (EU) member states that joined after 2004 started to improve during 2013, as the situation in the Euro area stabilized and domestic policies bolstered growth. Economic growth across the EU11 is expected to continue to pick up in 2014 and to become more balanced, with rising domestic demand. Fiscal adjustment will resume in 2014, with domestic demand helping to rebuild revenue, but at a relatively gradual pace in order to support economic growth. Rising global interest rates coupled with volatile capital markets, can slow the Euro area recovery and hamper domestic demand, particularly investment, in EU11. The bottom forty percent in the EU11 tends to be concentrated in low skilled, young or older unemployed, and minority groups. Countries will need to accelerate economic growth and job creation, in an environment in which fiscal and credit constraints are more binding and household coping mechanisms have been weakened by the crisis. This report covers economic developments...

Strengthening Recovery in Central and Eastern Europe : EU11 Regular Economic Report

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
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36.34%
Economic growth is expected to almost double in EU11 (Estonia, Latvia, and Lithuania, the Czech Republic, Hungary, Poland, the Slovak Republic, Bulgaria, Croatia, Romania and Slovenia) in 2014, and continue to strengthen in 2015. The northern countries of Estonia, Latvia, Lithuania will continue to be amongst the fastest growing countries in the EU, despite the negative impact of falling external demand as growth slows in their main trading partners. Croatia is the only country expected to remain in recession, for a sixth consecutive year, in 2014, as declining domestic demand continues to outweigh export growth. Recovery is expected to be gradual, with growth not reaching pre-crisis rates for some time. Inflation rates are expected to remain below targets during 2014, with some countries already experiencing deflation, but as global commodity prices stabilize, activity increases and output gaps diminish, inflation is expected to gradually rise. Fiscal consolidation will continue in 2014 and 2015, but at a more gradual pace than in the previous years. Economic growth forecasts in the EU11 are subject to multiple risks...

Few and Far : The Hard Facts on Stolen Asset Recovery

Gray, Larissa; Hansen, Kjetil; Recica-Kirkbride, Pranvera; Mills, Linnea
Fonte: Washington, DC: World Bank and OECD Publicador: Washington, DC: World Bank and OECD
Português
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66.52%
Corruption has a devastating impact on developing and transition countries, with estimates of $20 billion to $40 billion per year stolen by public officials, a figure equivalent to 20 to 40 percent of flows of official development assistance. The return of the proceeds of corruption--asset recovery--can have a significant development impact. Returns can be used directly for development purposes, such as improvements in the health and education sectors and reintegration of displaced persons, with additional benefits of improved international cooperation and enhanced capacity of law enforcement and financial management officials. Development agencies and those committed to development effectiveness have a role in the asset recovery process. They have made international commitments to fight corruption and recover the proceeds of corruption in the Third High Level Forum on Aid Effectiveness: Accra Agenda for Actions, held in Accra in 2008, and the Fourth High Level Forum on Aid Effectiveness: Partnership for Effective Development, held in Busan in 2011. Despite these efforts, there has been difficulty in translating these commitments into concrete action. This StAR-OECD publication reports on how OECD countries are performing on asset recovery. Drawing on data collected between 2006 and 2012...

Fiscal Disaster Risk Assessment Options for Consideration

World Bank Group; Global Facility for Disaster Reduction and Recovery
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Relatório
Português
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36.39%
Pakistan is vulnerable to a number of adverse natural events and has experienced a wide range of disasters over the past 40 years, including floods, earthquakes, droughts, cyclones, and tsunamis. The World Bank is supporting the Government of Pakistan (GoP) in building capacity in the area of disaster risk management (DRM) in order to build resilience from both humanitarian and fiscal shocks associated with natural disasters. The World Bank is providing technical assistance to the GoP for the development of a national disaster risk financing strategy. This non-lending technical assistance aims to: (i) assess the fiscal exposure of the GoP to natural disasters; (ii) present options for the development of a national strategy to improve financial response capacity for natural disasters; and (iii) promote property catastrophe risk insurance for both public and private dwellings. Disaster risk financing and insurance (DRFI) is one of the five pillars in the proactive and strategic framework for DRM promoted by the World Bank. The World Bank has been promoting a proactive and strategic framework for DRM based on five pillars: (i) risk identification; (ii) risk reduction; (iii) preparedness; (iv) financial protection; and (v) resilient recovery. Chapter one is introduction. Chapter two presents an overview of the budget processes for the financing of natural disaster losses during each of the three post-disaster phases. Chapter three provides a preliminary financial disaster risk assessment for Pakistan...

The Use of Asset Management Companies in the Resolution of Banking Crises

Klingebiel, Daniela
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Trabalho em Andamento
Português
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46.38%
Asset management companies have been used to address the overhang of bad debt in the financial system. There are two main types of asset management company: those set up to expedite corporate restructuring and those established for rapid disposal of assets. A review of seven asset management companies reveals a mixed record. In two of three cases, asset management companies for corporate restructuring did not achieve their narrow goal of expediting bank or corporate restructuring, suggesting that they are not good vehicles for expediting corporate restructuring. Only a Swedish asset management company successfully managed its portfolio, acting sometimes as lead agent in restructuring - and helped by the fact that the assets acquired had mostly to do with real estate, not manufacturing, which is harder to restructure, and represented a small fraction of the banking systems assets, which made it easier for the company to remain independent of political pressures and to sell assets back to the private sector. Asset management companies used to dispose of assets rapidly fared somewhat better. Two of four agencies (in Spain and the United States) achieved their objectives...

Slovak Republic : Insolvency and Creditor Rights Systems

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Insolvency Assessment (ROSC); Economic & Sector Work
Português
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36.4%
The assessment team interviewed a cross section of country stakeholders regarding the effectiveness of the legal infrastructure, and its implementation supporting debtor-creditor relationships, corporate insolvency and credit risk management, and resolution practices, including among others, members of the Inter-Agency Commission for the preparation of a new insolvency law, and members of the drafting team for the new collateral law; and, various professionals serving as trustees, executors, lawyers and accountants also provided their input. The conclusions in this assessment are based largely on the above interviews, a review of applicable legislation, data and information, various reports prepared by the Bank between 1999-2001, and other reports or analyses pertaining to the areas assessed, including the project on the new collateral legislation, and registration system for pledges (charges). Some laws unavailable in English at the time were discussed in a number of meetings with institutions, and professionals in the public...

Indonesia - Accelerating Recovery in Uncertain Times : Brief for the Consultative Group in Indonesia

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
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36.29%
The study reviews Indonesia's recovery so far, which in spite of only modest growth, is taking hold, and its base has expanded beyond consumption. With inflation under control, real wages are rising again, and poverty declined from a peak of over twenty three percent. The rapid export growth, and high oil prices were factors to offset capital outflows, thus, Indonesia's cushion of international reserves increased, lowering the deficit, and limiting financing needs, which resulted in bank, and corporate emergence. But financial markets were doubtful of the real economic developments, aggravated by political turmoil, and the developments in East Timor, which created market uncertainty. However, the study reflects optimism on the country's agenda, encouraged by the Government's program to accelerate recovery, with broad domestic and international support. The study examines policy options for fiscal sustainability, and the role of donors, and, assesses poverty within a constructive strategy for the future...

Decentralized Creditor-Led Corporate Restructuring : Cross-Country Experience

Dado, Marinela E.; Klingebiel, Daniela
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
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36.24%
Countries that have experienced banking crises have adopted one of two distinct approaches toward the resolution of non-performing assets-a centralized or a decentralized solution. A centralized approach entails setting up a government agency-an asset management company-with the full responsibility for acquiring, restructuring, and selling of the assets. A decentralized approach relies on banks and other creditors to manage and resolve non-performing assets. The authors study banking crises where governments adopted a decentralized, creditor-led workout strategy following systemic crises. They use a case study approach and analyze seven banking crises in which governments mainly relied on banks to resolve non-performing assets. The study suggests that out of the seven cases, only Chile, Norway, and Poland successfully restructured their corporate sectors with companies attaining viable financial structures. The analysis underscores that as in the case of a centralized strategy the prerequisites for a successful decentralized restructuring strategy are manifold. The successful countries significantly improved the banking system's capital position...

South East Europe Regular Economic Report, No. 5 : Slow Road to Recovery; Spor put ka napretku Rimekembja e ngadalte

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Economic Updates and Modeling; Economic & Sector Work
Português
Relevância na Pesquisa
36.4%
The South East Europe (SEE6) region exited from recession in the first half of 2013, supported by a nascent recovery in the Euro area. Industry-especially manufacturing exports and energy drove the recovery. The region experienced a welcome surge in exports in 2013, particularly car exports from Serbia. Unemployment in the region, at about 24 percent on average, began to decline in the first half of 2013 from its peak crisis levels. While employment grew in Albania, FYR Macedonia and Montenegro, it remained depressed in Serbia and Bosnia and Herzegovina. Unemployment in the region, at about 24 percent on average, began to decline in the first half of 2013 from its peak crisis levels. While employment grew in Albania, FYR Macedonia and Montenegro, it remained depressed in Serbia and Bosnia and Herzegovina. But even where employment has recovered meaningfully since 2010, the gains were not broad-based and mostly concentrated in services Near-term economic growth will be too weak to support substantial gains in employment. Weak domestic demand depressed imports in all countries but Serbia...

Barriers to Asset Recovery : An Analysis of the Key Barriers and Recommendations for Action

Stephenson, Kevin M.; Gray, Larissa; Power, Ric; Brun, Jean-Pierre; Dunker, Gabriele; Panjer, Melissa
Fonte: World Bank Publicador: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
Relevância na Pesquisa
66.45%
Theft of public assets from developing countries is an immense problem with a staggering development impact. These thefts diverts valuable public resources from addressing the abject poverty and fragile infrastructure often present in such countries. Although the exact magnitude of the proceeds of corruption circulating in the global economy is impossible to ascertain, estimates demonstrate the severity and scale of the problem at $20 to $40 billion lost to developing countries each year. What this estimate does not capture are the societal costs of corruption and the devastating impact of such crimes on victim countries. Theft of assets by corrupt officials, often at the highest levels of government, weakens confidence in public institutions, damages the private investment climate, and divests needed funding available for core investment in such poverty alleviation measures as public health, education, and infrastructure. This study's key objective is to mobilize policy makers on the existing difficulties in stolen asset recovery actions and convince them to take action on the featured recommendations. Such action will enhance the capacity of practitioners to successfully recover stolen assets.

Stolen Asset Recovery : A Good Practices Guide for Non-conviction Based Asset Forfeiture; Recuperacion de activos robados : guia de buenas practicas para el decomisode activos sin condena

Greenberg, Theodore S.; Samuel, Linda M.; Grant, Wingate; Gray, Larissa
Fonte: World Bank Publicador: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
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66.66%
The guide is organized into three major parts: Part A first provides an overview of the problem of stolen assets and the problem of recovering the assets once they are transferred abroad. Second, it describes how the international community has taken steps to respond to the problem through United Nations Convention against Corruption (UNCAC) and the Stolen Asset Recovery (StAR) Initiative. UNCAC introduced a new framework to facilitate the tracing, freezing, seizing, forfeiture, and return of assets stolen through corrupt practices and hidden in foreign jurisdictions. The StAR Initiative developed an action plan to support the domestication and implementation of asset recovery provisions under UNCAC, to facilitate countries' efforts to recover stolen assets that have been hidden in foreign jurisdictions, and ultimately, to help deter such flows and eliminate safe havens for hiding corruption proceeds. Third and finally, Part A introduces non-conviction based (NCB) asset forfeiture as one of the critical tools to combat corruption...

Indonesia : Public Spending in a Time of Change

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Country Economic Memorandum; Economic & Sector Work
Português
Relevância na Pesquisa
36.29%
The study identifies strategic priorities for restoring sound public finances, emphasizing the need to maintain fiscal sustainability, under a constrained budget, and the need to improve the processes for making budgetary allocations, and budget implementation, towards greater fiscal transparency. It reviews Indonesia's public spending during the crisis, and the unavoidable build-up of fiscal pressure, its indebtedness, and fiscal risks, coupled with policy implications. Improvements to the budget allocation process are examined, focusing on budgetary management processes, across levels of government, and on the impact of decentralization - which could possibly reinforce civil society participation. A shift in the fiscal policy focus, towards maintaining fiscal sustainability, and ensuring economic recovery is recommended. Nonetheless, risks may threaten fiscal sustainability, namely, macroeconomic fluctuations, contingent liabilities, and decentralization. To minimize risks, the study suggests a combination of domestic revenue generation efforts...

Salient Issues in Income and Asset Disclosure Systems : Lessons Learned from the Field in Preventing Conflict of Interest and Combating Illicit Enrichment

Burdescu, Ruxandra; Reid, Gary; Trapnell, Stephanie; Barnes, Dan; Kwapinski, Modest; Berger, Tammar
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
Português
Relevância na Pesquisa
46.24%
Asset disclosure (AD) systems also referred to as financial disclosure or asset declarations can play two important roles within broader anticorruption efforts prevention and enforcement. On the prevention side, AD requirements can help bring to light conflict of interest risks faced by public officials who file ADs, thereby facilitating the avoidance of conflict of interest situations. On the enforcement side, AD requirements can provide one more source of information that may be used in the investigation and prosecution of suspected illicit enrichment cases, thereby aiding asset recovery efforts. Effective collaboration, both domestically and internationally, between policy makers and practitioners is essential for such benefits to materialize. In an effort to identify how best to design and implement an AD system, the report recognizes that each country ultimately must design a system that is tailored to the environment in which it will function. As such, the study analyzes some of the tradeoffs faced by policy makers and practitioners alike in designing and implementing an optimal AD system in a particular context. The report complements the Public Sector Governance Group's development of AGI...

Recapitalizing Banking Systems : Implications for Incentives and Fiscal and Monetary Policy

Honohan, Patrick
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
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36.38%
In the aftermath of a banking crisis, most attention is rightly focused on allocating losses, rebuilding properly managed institutions, and achieving debt recovery. But the authorities' decision to use budgetary funds to help restructure a large failed bank or banking system also has consequences for the incentive structure for the new bank management, for the government's budget, and for monetary stability. These issues tend to be lumped together, but each should be dealt with in a distinctive manner. The author points out, among other things, how apparent conflicts between the goals in each of these areas can be resolved by suitably designing financial instruments and appropriately allocating responsibility between different arms of government. First the government must have a coherent medium-term fiscal strategy that determines broadly how the costs of the crisis will be absorbed. Then the failed bank must be securely reestablished with enough capital and franchise value to move forward as a normal bank. This will typically entail new financial institutions involving the government on both the asset and the liability sides of the bank's balance sheet. The bank should not be left with mismatches of maturity...