Analytical Study on Mechanisms for Asset Recovery and Confiscation in Moldova
The present Analytical Study on Mechanisms for Asset Recovery and Confiscation in Moldova is a result of the revision of the asset recovery process in the country, conducted by Pedro Gomes Pereira, expert of the Basel Institute, with a view to strengthening the legal and operational capacity in Moldova in the said field. This report was requested to the Basel Institute on Governance by the United National Development Programme (UNDP), under the project “Strengthening the corruption prevention and analysis functions of the National Anticorruption Center (NAC)”, financed by the Norwegian Ministry of Foreign Affairs.
The report states that lack of an integrated policy of management and recovery of assets in Moldova makes difficult the evidence collection, sequestration, confiscation and incomes recovery. At the same time, Republic of Moldova does not have experience in tracking, sequestration and confiscation of assets abroad. That is why is needed to consider setting an authority responsible for recovery of assets – Asset Recovery Office (ARO). Such an authority, based on the best international practices, should have a multidisciplinary structure comprising expertise from law enforcement, judicial authorities, tax authorities, social welfare, customs and other relevant services. AROs should be adequately resourced and serve as central point for all incoming requests of assistance from other countries. They should collect all relevant statistics on asset freezing and confiscation.
The author recommends for Moldova placing this authority within the National Anticorruption Center, given that it is currently responsible for investigating money laundering, hosts the Financial Intelligence Unit, and has access to country electronic databases.