Activities of Commonwealth Working Group on Asset Repatriation

1. Commonwealth Heads of Government agreed the following in the Aso Rock Declaration issued at their Summit in December 2003 in Abuja:

"We recognise that corruption erodes economic development and corporate governance. We welcome the successful conclusion of the United Nations Convention against Corruption and urge the early signature, ratification and implementation of the Convention by member states. We pledge maximum co-operation and assistance amongst our governments to recover assets of illicit origin and repatriate them to their countries of origin. This will make more resources available for development purposes. To this end, we request the Secretary-General to establish a Commonwealth Working Group to help advance effective action in this area."

2. Further, in their Communiqué, Heads of Government:

"welcomed the recent adoption of the United Nations Convention against Corruption and requested member states to sign and ratify it. They noted that systemic corruption, extortion and bribery undermine good governance. They called for enhanced mutual co-operation in the repatriation of illegally acquired public funds and assets to the countries of their origin in accordance with the provisions of the Convention."

3. In pursuance of the above mandate, the Commonwealth Secretary-General constituted a Working Group comprised of experts representing eleven Commonwealth governments, and other independent experts, with particular experience in the fields of asset forfeiture and international co-operation.

4. Representatives from the United Nations Office on Drugs and Crime (UNODC), the International Monetary Fund (IMF), the World Bank, Transparency International and the International Bar Association also participated as observers to the meetings of the Group.

5. The Working Group was mandated to examine the issue of the recovery of assets of illicit origin and repatriation of those assets to the countries of origin, focusing on maximising co-operation and assistance between governments. In particular the Group was to consider, inter alia:

• the major problems in asset tracking, recovery, and repatriation and best practice in overcoming those problems;
• the key impediments to effective international co-operation in this area and effective ways in which those impediments can be addressed;
• the laws, administrative structures and other mechanisms necessary, in both 'victim' and 'receiving' states to prevent the movement of assets, and to allow for effective international co-operation in tracing and confiscating the assets;
• taking into account the provisions of the United Nations Convention against Corruption, in particular Article 57, the laws, administrative structures and other mechanisms necessary to provide for the return of confiscated assets;
• possible amendments to the Commonwealth Scheme for Mutual Assistance in Criminal Matters (the Harare Scheme) to provide for more effective co-operation in this area. 

The Working Group met in Marlborough House on four (4) occasions - 14 to 16 June 2004, 15 to 17 November 2004, 30 March to 1 April 2005 and 29 June to 1 July 2005. A Report was presented to the Secretary-General on 1 July 2005 which contains the Working Group's Key and General Recommendations and other findings. It is expected that these will be examined by Heads of Government at their Meeting in Malta in November 2005.