Asset recovery tools are integral to combating corruption, organised crime, sanctions evasion and other profit-motivated crimes. However, in many participating States of the OSCE, the range of asset recovery tools available to law enforcement and criminal justice agencies is limited.

This Working Paper identifies legislative mechanisms in OSCE participating States that empower the state to confiscate suspected or proven proceeds of crime. The overall objective is to ascertain: 

This quick guide offers a short introduction to illicit enrichment laws, which are emerging as a powerful tool to combat corruption and recover stolen assets. Originally published in May 2019, it was updated in June 2021 following the Basel Institute’s publication of an open-access book on Illicit Enrichment: a Guide to Laws Targeting Unexplained Wealth.

The Basel Institute has been working with the Ministry of Justice of Romania in a two-component project seeking to enhance the capacity of the Romanian authorities to recover the proceeds of crime. The project is being implemented by the Asset Recovery Office (ARO) of the Ministry of Justice in collaboration with the International Centre for Asset Recovery (ICAR) of the Basel Institute. Funding of the project has been provided by the Swiss-Romanian Co-operation Programme.

The note evaluates the current legislation on the asset recovery process both at the EU and Member States level, with a view to assessing the need and the feasibility of establishing EU regulation on the use of confiscated assets for civil society and in particular for social purposes.