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Transforming Words Into Action

Transforming Words Into Action. Effective International Cooperation in Criminal Matters. FATF Scorecard. Compliant Largely Compliant Partially Compliant Non-compliant. UNCAC. Chapter IV, Article 44: Extradition Chapter IV, Article 45: MLA Chapter V, Articles 51 to 59: Asset Recovery.

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Transforming Words Into Action

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  1. Transforming Words Into Action Effective International Cooperation in Criminal Matters

  2. FATF Scorecard • Compliant • Largely Compliant • Partially Compliant • Non-compliant

  3. UNCAC • Chapter IV, Article 44: Extradition • Chapter IV, Article 45: MLA • Chapter V, Articles 51 to 59: Asset Recovery

  4. UNCAC • We now have the words • But where is the action?

  5. The Action • Country A to Country B • Give me the money! UNCAC!

  6. The Mechanisms • How? • Where is the money? • Where is your request? • Why haven’t you answered my questions?

  7. Talk to Me! • Talk to me honey … • You always ignore me …

  8. South v North • Expectations • Legal requirements and procedures • Low capacities • High thresholds

  9. Central Authorities • Is it resourced? • Does it add value or is it a post-box? • Does anyone answer the phone!

  10. Law Enforcement • Is there an effective partnership between the Central Authority and law enforcement charged with execution of the request? • Does the action fit a wider judicial system which is efficient or which is dysfunctional?

  11. Top Ten Actions • Acknowledge the request • Give advice and guidance • Take ownership of the request • Maintain external communication • Maintain internal communication

  12. Top Ten Actions • Be flexible in achieving goals • Litigate the request effectively • Manage timelines • Provide necessary resources • Provide management oversight

  13. Top Ten Inactions • Fail to acknowledge request • Fail to provide feedback • No ownership of the request • No communication internally • No communication externally

  14. Top Ten Inactions • Inflexible thresholds or requirements • Ineffective litigation of the request • Failure to manage timelines • Lack of resources and systems • No management oversight

  15. The Answer • Put the right people in the right place • Give them the necessary laws • Give them the necessary resources • Give them ‘clean systems’ • Let them do the work, without too much interference

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