A/HRC/28/60
Figure III
Estimates of corruption-based illicit financial flows, assets frozen and returned
from OECD countries, 2006–June 2012
Source: Larissa Grey and others, Few and Far, 2014 (see footnote 14), p. 21.
17.
According to data collected by StAR only four OECD countries managed to return
stolen assets to countries of origin after completing national legal procedures during the 6.5
year period between 2006 and June 2012. They are Australia, Switzerland, United Kingdom
and the United States of America, with Switzerland and the United States of America, each
accounting for about 40 per cent of all asset returns to foreign jurisdictions.17
18.
The results demonstrate the difficulties and barriers existing in the complex process
of tracking stolen assets, freezing them, or returning them through criminal or nonconviction based confiscation, private civil action and domestic investigation. The political
will to combat corruption and to recover assets in receiving States, timely and well
documented requests for mutual legal assistance and close collaboration between
investigating authorities in countries of origin and destination are all essential to ensure the
successful repatriation of stolen assets. States continue to face challenges in recovering
assets owing to differences between legal systems, the complexity of multijurisdictional
investigations and prosecutions, the limited implementation of effective domestic tools such
as non-conviction-based forfeiture for asset recovery, lack of familiarity with the mutual
legal assistance procedures of other States and difficulties in identifying the flow of
corruption proceeds. In addition there are particular challenges posed in recovering the
proceeds of corruption in cases involving individuals occupying prominent public positions.
19.
One significant way of reducing illicit gains and related illicit financial flows is to
focus on the supply side, the bribe payers. An estimated US$ 1 trillion is paid in bribes
worldwide each year, and bribery in the developing world may amount to an equivalent of
15–30 per cent of all ODA. Ending impunity on the supply side must be part of the efforts
to reduce illicit financial flows. An OECD report taking stock of the total number of
individuals and legal persons sanctioned or acquitted in relation to foreign bribery from
1992 to 2012 shows significant disparities between prosecutorial efforts and the
enforcement of anti-bribery legislation in the 40 States parties to the OECD Convention on
Combating Bribery of Foreign Public Officials in International Business Transactions
(Anti-Bribery Convention).18
20.
However, even if transborder bribery is prosecuted, monetary sanctions frequently
do not reach the country where the bribe took place. An analysis by StAR of 395 foreign
17
18
8
Larissa Grey and others, Few and Far (see footnote 14), p. 20.
OECD, “Illicit Financial Flows from Developing Countries, Measuring OECD responses”, (Paris,
1994), pp. 84–93 and Annual Report of the OECD Working Group on Bribery 2014, pp. 14–19.