Project Title

Training Workshop on Asset Recovery 

Project Year

2017   

Project Number

ACT 01 2017 

Project Session

Session 1   

Project Type

Standard 

Project Status

Project in Implementation   
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Project No.

ACT 01 2017 

Project Title

Training Workshop on Asset Recovery 

Project Status

Project in Implementation 

Publication (if any)

 

Fund Account

General Project Account 

Sub-fund

None 

Project Year

2017 

Project Session

Session 1 

APEC Funding

95,000 

Co-funding Amount

132,990 

Total Project Value

227,990 

Sponsoring Forum

Anti-Corruption and Transparency Experts Working Group (ACTWG) 

Topics

Anti-Corruption 

Committee

SOM Steering Committee on Economic and Technical Cooperation (SCE) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

China; Indonesia 

Co-Sponsoring Economies

Hong Kong, China; Korea; Papua New Guinea; United States; Viet Nam 

Expected Start Date

01/06/2017 

Expected Completion Date

31/01/2018 

Project Proponent Name 1

Li Lu 

Job Title 1

Projcet Officer 

Organization 1

Ministry of Supervision 

Postal Address 1

No 41A, Ping An Li, Xi Da Jie, xicheng, Beijing, China 

Telephone 1

86-10 59590683 

Fax 1

Not Applicable 

Email 1

ll0525@126.com 

Project Proponent Name 2

Syafira Putri Larasati 

Job Title 2

Cooperation Specialist 

Organization 2

Corruption Eradication Commission (KPK) 

Postal Address 2

Jl. Kuningan Persada Kav. 4, Jakarta Pusat, Indonesia 

Telephone 2

62-21 25578300 Extension 8822 

Fax 2

Not Applicable 

Email 2

syafira.larasati@kpk.go.id 

Declaration

Li Lu and Syafira Putri Larasati 

Project Summary

China and Indonesia propose to host a training workshop on asset recovery to enhance the capacity of law enforcement officials of APEC Economies to investigating and prosecuting corruption and cross-border money laundering cases. It also aimed to increase the capacity of the law enforcement officials to trace, seize, confiscate and repatriate stolen assets. This would, in turn, enable them to co-operate efficiently with foreign jurisdictions in fighting corruption,money laundering and repatriating stolen assets. 

APEC Economies will be invited to share their respective experiences in investigating and prosecuting cross-border corruption and money laundering as well as their success story in repatriating their assets. Experts from non-member economies and international organization will also be invited to attend the workshop and share their expertise in order to enhance the capacity of the participants in various approaches in asset recovery. The seminar will be held under the APEC ACT-NET platform in Bali Indonesia in December 2017.

Relevance

Stolen assets are often laundered to hide the true nature, origin and ownership of the profits derived from crime by channelling it into offshore bank accounts and international business transactions. Asset recovery is the process whereby stolen assets are traced, frozen, confiscated and repatriated in favor of economies that become victims of corruption. However, many law enforcement officials particularly in developing economies still have limited skills to in collecting evidence; conducting joint investigation; preparing indictments, restraint and freezing orders; and making mutual legal assistance request. 

This project provides a comprehensive overview on what asset recovery means, explores approaches and tools in asset recovery, and, most importantly, facilitates discussion on how law enforcement officials can effectively use formal and informal path in obtaining assistance in asset recovery process. It is also designed to improve the skills of the investigator and prosecutor, such as, registering restraint order overseas, drafting MLA request, collecting and managing electronic evidence, and managing assets confiscated from corruption cases. 

This project falls under Rank 2 which contributes to support the APEC Strategy for Strengthening Quality Growth. The project’s main objective is to strengthen the capacity of law enforcement agencies in investigating and prosecuting corruption and money laundering cases as well as to improve the effectiveness of asset recovery. Therefore, it is related to APEC Funding Criteria on Secure Growth: anti-corruption, good governance and transparency, including anti-money laundering activities. Moreover, this project also linked-well to Rank 1 as it will discuss and address the concern of underground banking and illegal financial flows, which will, in turn, create a favorable and stable environment for trade and investment across the region.

Objectives

By having this workshop, we aim to achieve the following goals:

a) To advance pragmatic cooperation and address the common concerns of asset recovery in the Asia-Pacific region and other counterparts;

b) To enhance capacity building in tracing, seizing, confiscating and repatriating the illicitly-acquired assets among law enforcement agencies in the Asia-Pacific region;

c) To provide a platform to share investigative techniques, tools and effective practices on effective cross-border anti-corruption cooperation, such as drafting MLA requests, collecting electronic evidence, tracing illegal money flows, and managing confiscated assets.

Alignment

Recognizing the threat of transnational corruption to international economic growth, social development and financial stability, the APEC leaders have reaffirmed their commitment through Beijing Declaration on Fighting Corruption; Santiago Commitment to Fight Corruption and Ensure Transparency and the APEC Course of Action (COA) on Fighting Corruption and Ensuring Transparency, as follows:

·  Encourage each other to deny safe haven to officials and individuals guilty of public corruption, those who corrupt them, and their assets; and

·  Promote regional cooperation on extradition, mutual legal assistance and the recovery and return of stolen assets.

In 2013, APEC leaders are also committed to establish the APEC Network of Anti-Corruption Authorities and Law Enforcement Agencies (ACT-NET) as a platform to share experience to help build more efficient cross-border anti-corruption cooperation. Indonesia and China recognize that corruption and money laundering crimes usually involve complex financial aspects and may include cross - border financial transactions. Investigating such  crimes requires a  range  of specific skills which are  not  normally  used  in  the investigation and prosecution of  other  crimes. Therefore, this project is designed to improve the capacity of law enforcement officials in APEC member economies in asset recovery through: 

a) exploring formal and informal approaches and methods in asset recovery;

b) discovering tools available to trace, freeze, seize, confiscate assets;

c) collecting and preparing the electronic evidence;

d) identifying special investigation techniques in corruption and money laundering cases; and

e) exploring the most effective asset management system.

This Project aligns with the ACT Multi Year Strategic Planning 2013-2017 and the ACTWG Work plan 2017 which envisages the importance of information sharing and pragmatic cooperation on asset recovery and anti-money laundering.

TILF/ASF Justification

This workshop is expected to translate the international standard into more practical knowledge on asset recovery. It will also enable participants to meet and share their experience on investigation of corruption and money laundering, including tracing, seizing, confiscating and repatriating the assets.

This workshop will advocate peer learning process among APEC Economies on the most effective way to investigate and recover asset on cross-border corruption and money laundering cases. By taking a practical perspective, this project is designed to improve capacity building of the investigators and prosecutors, particularly in developing economies, in making the instruments to obtain assistance in asset recovery.

Beneficiaries and Outputs

Outputs: This project is expected to deliver the following outputs:

1)  Best practice and knowledge sharing. A 3-day training workshop will be held to provide a platform to share best practices and explore effective measures in asset recovery. It will also discuss the use of investigative techniques and tools in tracing, seizing, confiscating and repatriating asset. Expert will be invited to share their expertise in dealing with technical issues such as drafting the MLA request and registering restraint orders overseas.

2) Capacity building of law enforcement officials. Participant will be surveyed before the workshop (on day 1)  and on day 3 (or after the workshop is concluded) via questionnaires. Based on the result of the survey, an analysis will be conducted to measure the improvement on the level of knowledge of the participants in asset recovery process.

3)  Report:

a) The result of the pre-post workshop survey, an assessment of the pre and post workshop survey will be used to measure the impact on level of knowledge of the participant after attending this workshop.

b)  Summary of workshop discussion, it will also include information on  the background, challenges,  will be developed based on the experience and lesson learned from the workshop. The recommendations will also outline suggestion to address the challenges, future action to improve effectiveness of asset recovery practices in the Asia Pacific Region.

Outcomes: With a focus on asset recovery, this project will bring certain changes in the medium-term:

1)  Pragmatic cooperation regarding asset recovery will be further advanced among law enforcement agencies in the Asia-Pacific region and other counterparts.

2) The capacity building regarding the asset recovery process will be enhanced.

3) Law-enforcement agencies and anti-corruption authorities across the region will enjoy more convenience and opportunities in sharing investigative techniques, tools and effective practices.

Specifically, this project will lead to changes in economy’s policies, asset recovery processes and law-enforcement behaviors:

1) In terms of policy, more economies will be encouraged to deny safe haven to officials and individuals involved in corruption and their illicitly -gained assets. More economies will step up efforts to promote regional cooperation on extradition, mutual legal assistance and the recovery of stolen assets.

2) Regarding asset recovery processes, more feasible formal and informal approaches and methods in asset recovery will be explored, including tools available to trace, freeze, seize, confiscate assets, investigation techniques in corruption and money laundering cases, and other means along the asset recovery chain.

3) With respect to the behaviors, anti-corruption and law enforcement agencies will have better awareness and willingness to cooperate. They know the right agencies and counterparts to approach, and they are able to obtain information inefficient and effective ways through formal and informal cooperation. The knowledge gained from the workshop will be beneficial to improve the quality of investigation and prosecution of corruption and money laundering cases as well as the recovery of stolen assets. The opportunities for professional networking will also build stronger relation among law enforcement officials of APEC Economies. 

Beneficiaries: 

1) Participants and the user of the outputs:
The workshop will call for officials/experts from APEC member and non-member economies, International Organizations related to transparency and anti corruption such as UNODC, the World Bank, OECD, as well as academics involved in the asset recovery process. Moreover, relevant government officials, operational staff and policy makers within competent authorities responsible for Anti Corruption/Anti Money Laundering/counter financing terrorism activities/ (such as financial intelligence unit, tax authorities, custom authorities, judicial authorities) from all APEC economies will be invited to this workshop. The project also seeks to attract participation from senior ranking officials who are involved in the decision making of the related government institutions or officers responsible for providing advice in the policy making process.

2) Beneficiaries: The intended beneficiaries of the workshop are officials from law enforcements agencies, relevant government officials, operational staff and policy makers within competent authorities responsible for Anti Corruption/Anti Money Laundering/counter financing terrorism activities/ (such as financial intelligence unit, tax authorities, custom authorities, judicial authorities) and academics/scholars in asset recovery of the all APEC economies.

Through experience and knowledge sharing, law enforcement officials will have an opportunity to enhance their capacity in tracing, seizing, confiscating and repatriating stolen assets. This would enable them to co-operate efficiently with foreign jurisdictions in money laundering and repatriating stolen assets. Relevant government officials and policy decision makers  is expected to use the knowledge gained from this workshop to improve policy related to asset recovery.in their home economies and to support the implementation of their tasks. The result of this workshop can also be used as a reference for international organizations and academics/scholars.

Economies at large will also get benefit from a successful asset recovery.  In the developing economies, the asset recovered could be use to support the development and government program. Business and financial institutions will reap the benefit because the fight against corruption and asset recovery contribute to a favorable and stable environment for trade and investment across the region. Recovering the illicit assets also can compensating the victims of corruption.

Dissemination

A final report will be drafted and presented to the group. The report contains information regarding the background, challenges, best practices, and recommendations for effective asset recovery practice. A printed copy of the report will be distributed to APEC Economies, International Organisations and Scholars. However, for wider dissemination, an electronic version of this report will be made available to APEC Publication Database.

The target audience is primarily those who work or have an expertise in this field, such as the practitioners of APEC economies and other economies with similar concerns, experts in international organizations and scholars.

Gender

Women have been involved in all steps of the project’s planning to date – the project development team is comprised almost exclusively of women.  Women will continue to be integrally involved in the project’s development, implementation and evaluation so that steps to ensure equitable participation by both women and men will be of significant interest to the project participants.

Participation at the workshop is open for both male and female from APEC and non-APEC Economies. Certain agenda items will be designed to attract the participation and involvement of women and the report will also provide recommendations for women in this field.  Women will also be invited as moderators and speakers at the workshop. For the APEC funded participants, half of the participants will need to be female.

Both, male and female participants will gain a deeper understanding on the asset recovery process and the challenge faced by investigators and prosecutors in repatriating stolen assets. They will benefit from the sharing expertise and knowledge, and hence be better equipped to investigate corruption and money laundering activities. The workshop will provide opportunities for women work in anti-corruption fields to network with other professionals. Therefore, they will be able to build stronger and more effective regional linkages and cooperation with other law enforcement agencies/institutions.

Work Plan

Timeframe

How it will be implemented

Involvement of Stakeholder

Related outputs

January 2017

Development of concept note

The concept note has been circulated to the group for input.

Draft Concept Note

February-March 2017

·   Presenting the concept note in the ACTWG Meeting (SOM 1)

·   ACTWG Approval Process

The concept note has been presented at the February ACTWG meeting and be endorsed by the group afterwards.

Approved Concept Note

April-July 2017

Develop  the Agenda and  list of speakers

Host economies develop the draft agenda and circulate it to sponsoring economies for inputs.

Draft agenda and list of speakers

May  2017

·   Develop project proposal

·   Circulate proposal to the group for endorsement

Host economies develop the project proposal and circulate it to the group for endorsement

Project Proposal

June 2017

APEC Approval Process

Submit the endorsed proposal to BMC for approval through the secretariat

Approved Project proposal

July-November 2017

Preparation for Workshop

·  Invitation

·  Finalize Agenda

·  Finalize resource and logistics

Send out invitation to speakers, finalize agenda, send out invitation to participants, finalize resources and logistics

Finalization of speakers and participants, agenda, and logistic arrangements

December 2017

Carry out  the training Workshop

Carry out the training workshop

Develop the report

Workshop

January 2018

Presenting Final Report to the ACTWG

Present the final report

Final Report

Risks

1) Lack of attendance from APEC Economies: An invitation will be made months prior to the workshop to ensure participation from the relevant agencies. The host economies, China and Indonesia, will also provide funding for travel-eligible economies.

2) Participation of Experts: There is a possibility some experts may not be able to attend the workshop. This risk will be mitigated by sending invitation months prior to the workshop to ensure participation from experts. The host economies will secure expert’s attendance by sending the invitation to the organization. It would be easier to liase with organization than individuals, because organization can appoint other experts from their organization.

3) The project is not completed according to the planned timeframe: Progress will be constantly reviewed to ensure the target are met and the challenge are address in timely fashion.

Monitoring and Evaluation

This workshop is targeted to invite around 100 participants from APEC member and non-member economies, international organizations and academics. Apart from APEC economies, participation opportunities will be offered to 22 developing non-member economies of ASEAN, BRICS, and the ADB/OECD Anti-Corruption Initiative for Asia and the Pacific. 

The workshop achieved its objectives if the participants understand the key aspects of effective asset recovery and the step by step process in asset recovery. Pre-workshop survey will be conducted to identify the participants’ level of understanding and experience in asset recovery. This assessment will also identify major challenges faced by the participants in tracing and recovering stolen assets. In order to measure the progress made by participants, post-workshop survey will be conducted and assessed compare to the result of the pre-workshop survey. An evaluation form also will be circulated  at the end of the workshop or after the workshop is concluded for the purpose to seek feedback on the quality and relevance of materials and the level of technical knowledge of presenters. 

There is no immediate nexus between the subject matter and the issue of gender, any assessment of direct impact may not be possible. Pre-post workshop survey will be used to assess the impact of the seminars on all participants, including women. Gender-specific data on the participation in the workshop and evaluation of the seminar will be made available. 

The project will be monitored against the milestones identified in the aforementioned Work Plan. The success of this workshop will be measured against indicators contained in the pre and post workshop survey. The follow up and progress of the workshop also will be tracked through the APEC ACT-NET meeting. APEC member economies are expected to update the group on their effort and achievement in asset recovery, including capacity building, policy improvement and cooperation in asset recovery.

Linkages

The problem in many developing economies is the lack of comprehensive asset recovery policies and the capacity of law enforcement officials in dealing with asset recovery. The knowledge gained from this workshop will be beneficial for law enforcement officials dealing with the investigation and prosecution of corruption, money laundering, as well as terrorist financing cases. The PO will invite and encourage economies to send participant who actively involved ACTWG and CTWG (Counter Terorism Working Group) to attend this workshop. Outcomes also will be reported to the CTWG and be made available in the APEC Publication Database for further dissemination.

Anti-corruption authorities and law enforcement agencies from BRICS, ASEAN, ADB/OECD Anti-Corruption Initiative and other interested economies will also be invited as participants to share best practice, improve capacity building and enhance collaboration on asset recovery.  Efforts will also be made to invite speakers from the relevant international organizations such as UNODC, the world bank and Star Initiative, amongst others, to give a broader perspective of efforts in this area.

In order to avoid duplication to other asset recovery initiatives, Indonesia and China will consult inter-sessionally with member economies before submitting the proposal to BMC. Indonesia and China will also seek members input to identify speakers and to develop draft agenda for the training workshop. Therefore, this workshop will add value to other international initiatives on asset recovery and further complement the broader anti-corruption programs of other donors, including regional and multilateral organisations/initiatives such as the UNODC, the world bank, and the ADB/OECD Anti Corruption Initiative.

Asset recovery is one of priorities in the ACT Multi-year strategic planning 2013-2020 and the ACTWG workplan 2017. Therefore, this project falls within the primary mandate of the ACTWG and aligned well with the work of the ACTWG in preventing and combating corruption in the APEC Region.  This project is also aligned with the Santiago Commitment to Fight Corruption and Ensure Transparency, the APEC Course of Action (COA) on Fighting Corruption and Ensuring Transparency and Beijing Declaration on Fighting Corruption.

Every economy is expected to update their effort and achievement in asset recovery, including capacity building, policy improvement and cooperation in asset recovery through the APEC ACT-NET. Therefore, this project will also strengthen the role of the APEC ACT-NET as a platform for direct communication and contact among anti-corruption authorities and law enforcement agencies across the region. The knowledge gained from this training workshop and the outcomes will also benefit the APEC members, as it strive to create a secure and economically sound region free from corruption and money laundering. In many developing economies, asset recovered can be used to support development programs or to repair the damage caused by corruption.

Sustainability

This workshop will improve the capacity of law enforcement agencies of APEC Economies to find the most effective way in investigating and recovering asset derived from corruption and money laundering. It will also improve coordination between law enforcement agencies of APEC Economies and strengthen the work of APEC ACT-NET. After the project, the knowledge and understanding gained at the workshop can be carried forward to improve the quality and effectiveness of investigation and prosecution of corruption and money laundering cases. Legal system differences will also be better addressed as law enforcement agencies will know the right agencies and counterparts to approach.

Based on what has been discussed at the training workshop, China and Indonesia will compile a report, which contains good practices in asset recovery and provides recommendations for effective asset recovery practices. The recommendations and report of this workshop can be used as reference for law enforcement agencies of APEC member and non member economies, international organizations, and scholars. In particular, the recommendations from this workshop can be used as starting point for improvement in asset recovery and money laundering regime.

China and Indonesia will propose to incorporate asset recovery as one of the priorities in APEC Multi-Year Strategic Planning 2013-2020 and list the promotion of effective return of stolen assets as one of its strategic directions. The recommendations will also be an ACTWG document that will be presented on and factored into the future planning of the group. China and Indonesia will also propose economies to provide annual update on their effort and achievement in asset recovery and money laundering, including capacity building, policy improvement and cooperation in asset recovery in the APEC ACT-NET meeting.

Project Overseers

All the project activities will be managed by the project overseers of the proposing economies, China and Indonesia. Alternate contacts responsible for this project have also been included below: 

Indonesia

Project Overseer:
Syafira P. Larasati
Phone : +6221 25578300 Ext 8822/+62 81326011347
Email : syafira.larasati@kpk.go.id

Alternate Contact:
Putri Rahayu Wijayanti
Phone : +6221 25578300 #8816
Email : putri.rahayu@kpk.go.id

China

Project Overseer:
Li Lu
Phone : +86-10-59590683
Email : ll0525@126.com

Alternate Contact:
Amanda Luo
Phone : +86-10-59590675
Email : amandamos@163.com 

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

The Speakers’ honorarium will be provided for speakers or experts on Asset Recovery from non-APEC Economies. The honorarium provided in max US$1.300 per person depending on his level of expertise. 

In budget item: Short-term clerical fees, the fees provided for two persons handling photo and video documentation. These two persons responsible for taking photo and video shooting during the workshop.

Waivers

This workshop will be an important capacity building opportunity for developing economies, thus, APEC funding would be significant contribute to the participation of travel-eligible economies in the workshop. PO suggest that it should be anticipated speakers and active participants from travel-eligible economies may request advance payment of travel expenses (airfare and per diem). The reimbursement mechanism may give technical difficulties for several participants due to the amount of money they should prepare. Therefore, the project is requesting advance payment for speakers and participants from travel-eligible economies.

Are there any supporting document attached?

No 
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Project No.

Project Title

Project Status

Publication (if any)

Fund Account

Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

hdFldAdmin

Project Number

Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

Endorsement By Fora

PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

PDM Priority

Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

PMU Field 2

PMU Field 3

On Behalf Of

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