Preventing and Combating Corrupt Practices and the Transfer of Proceeds of Corruption, Facilitating Asset Recovery and Returning Such Assets to Legitimate Owners, in Particular to Countries of Origin, in Accordance with the United Nations Convention Against Corruption

A/RES/75/194View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 111 Crime prevention and criminal justice, published in 2020.

What other versions does this mandate have?

8 versions · 2013–2024

This is an older version — the most recent is A/RES/79/190

Year	Symbol	Title	Word length	Text similarity
2024	A/RES/79/190	Preventing and combating corrupt practices and the transfer of proceeds of corruption, facilitating asset recovery and returning such assets to legitimate owners, in particular to countries of origin, in accordance with the United Nations Convention against Corruption	11,696	80%Compare
2023	A/RES/77/235	Preventing and combating corrupt practices and the transfer of proceeds of corruption, facilitating asset recovery and returning such assets to legitimate owners, in particular to countries of origin, in accordance with the United Nations Convention against Corruption	10,178	70%Compare
2020	A/RES/75/194	Preventing and combating corrupt practices and the transfer of proceeds of corruption, facilitating asset recovery and returning such assets to legitimate owners, in particular to countries of origin, in accordance with the United Nations Convention against Corruption	7,453	95%Compare
2019	A/RES/73/190	Preventing and combating corrupt practices and the transfer of proceeds of corruption, facilitating asset recovery and returning such assets to legitimate owners, in particular to countries of origin, in accordance with the United Nations Convention against Corruption	7,248	86%Compare
2017	A/RES/71/208	Preventing and combating corrupt practices and the transfer of proceeds of corruption, facilitating asset recovery and returning such assets to legitimate owners, in particular to countries of origin, in accordance with the United Nations Convention against Corruption	6,861	70%Compare

Which reports were submitted under this mandate?

5 reports · 2013–2018

Year	Symbol	Title	Mandate resolution
2018	A/73/131	Implementation of the mandates of the United Nations Crime Prevention and Criminal Justice Programme, with particular reference to the technical cooperation activities of the United Nations Office on Drugs and Crime report of the Secretary-General	A/RES/71/208
2016	A/71/114	Implementation of the mandates of the United Nations Crime Prevention and Criminal Justice Programme, with particular reference to the technical cooperation activities of the United Nations Office on Drugs and Crime report of the Secretary-General	A/RES/69/199
2015	A/70/99	Implementation of the mandates of the United Nations crime prevention and criminal justice programme, with particular reference to the technical cooperation activities of the United Nations Office on Drugs and Crime report of the Secretary-General	A/RES/69/199
2014	A/69/94	Implementation of the mandates of the United Nations crime prevention and criminal justice programme, with particular reference to the technical cooperation activities of the United Nations Office on Drugs and Crime report of the Secretary-General	A/RES/67/192A/RES/68/195
2013	A/68/127	Implementation of the mandates of the United Nations crime prevention and criminal justice programme, with particular reference to the technical cooperation activities of the United Nations Office on Drugs and Crime report of the Secretary-General	A/RES/67/192

What subjects does this mandate have?

7 subjects

Corruption Crime Prevention Criminal Assets Criminal Justice Illicit Funds Transfer International Cooperation Laundering of Funds

What’s in this document?

67 operative paragraphs

Welcomes the holding of the eighth session of the Conference of the States Parties to the United Nations Convention against Corruption in Abu Dhabi from 16 to 20 December 2019, and also welcomes its report,¹⁹ which reflects the outcomes and contributions of the Conference of the States Parties to promoting the implementation of the United Nations Convention against Corruption;

¹⁹CAC/COSP/2019/17.

Condemns corruption at all levels and in all its forms, including bribery, as well as the laundering of proceeds of corruption and other forms of economic crime;

Expresses concern about the magnitude of corruption at all levels, including the scale of stolen assets and proceeds of corruption, and in this regard reiterates its commitment to preventing and combating corrupt practices at all levels, in accordance with the Convention;

Welcomes the fact that 187 States parties have already ratified or acceded to the Convention, thus making it an instrument enjoying a status very close to universal adherence, and in this regard urges all Member States and competent regional economic integration organizations, within the limits of their competence, that have not yet done so to consider ratifying or acceding to the Convention as a matter of priority, and urges all States parties to take appropriate measures to ensure its full and effective implementation;

Encourages States parties to the Convention to review its implementation and commit to making it an effective instrument to deter, detect, prevent and counter corruption and bribery, prosecute those involved in corrupt activities and encourage the international community to develop good practices on asset return, and, furthermore, to strive to eliminate safe havens that create incentives for transfer abroad of stolen assets and for illicit financial flows;

Notes with appreciation the organization of the special session of the General Assembly against corruption, to be held from 2 to 4 June 2021, and the ongoing preparatory process under the auspices of the Conference of the States Parties to the United Nations Convention against Corruption;

Also notes with appreciation the work carried out under the Mechanism for the Review of Implementation of the United Nations Convention against Corruption and by the Implementation Review Group, and urges Member States to continue to support this work and make every possible effort to provide comprehensive information and adhere to the timelines for review, as contained in the guidelines for governmental experts and the secretariat in the conduct of country reviews;²⁰

²⁰CAC/COSP/IRG/2010/7, annex I.

Welcomes the progress made in the first and second review cycles of the Mechanism and the efforts made by the United Nations Office on Drugs and Crime in support of the Mechanism, and encourages the use of the lessons learned in order to improve the efficiency and effectiveness of the Mechanism, as well as the implementation of the Convention;

Strongly encourages States parties to the Convention to continue to actively engage in the Implementation Review Mechanism on chapter II, Preventive measures and chapter V, Asset recovery of the Convention, and invites them to provide appropriate extrabudgetary resources to contribute to the financing of the Mechanism;

Notes with appreciation the work of the Open-ended Intergovernmental Working Groups on Asset Recovery, on the Prevention of Corruption and on Review of the Implementation of the United Nations Convention against Corruption and the open-ended intergovernmental expert meeting to enhance international cooperation under the United Nations Convention against Corruption, and encourages States parties to the Convention to support the work of all these subsidiary bodies of the Conference of the States Parties to the Convention;

Calls upon States parties to the Convention to continue and to reinforce the effective implementation of the preventive measures outlined in chapter II of the Convention and in the resolutions of the Conference of the States Parties to the Convention;

Also calls upon States parties to the Convention to fulfil their commitments, in accordance with its terms, to criminalize the bribery of foreign public officials and officials of public international organizations, and to strengthen their efforts to effectively enforce these laws;

Encourages all States parties to the Convention to strengthen their commitment to effective national action and international cooperation to give full effect to chapter V of the Convention and to contribute effectively to the recovery of the proceeds of corruption;

Urges Member States to combat and penalize corruption in all its forms, as well as the laundering of proceeds of corruption, to prevent the acquisition, transfer and laundering of proceeds of corruption and to work for the prompt recovery of such assets in accordance with the principles of the Convention, including chapter V;

Calls upon States parties to the Convention to make available online, including by considering the use of open data formats, as much government information as feasible, subject to relevant limitations in domestic law, in relation to the implementation of the Convention, in order to enable greater transparency, accountability and efficiency;

Welcomes the decision of the Conference of the States Parties to the Convention to call upon States parties to give particular and timely consideration to the execution of international mutual legal assistance requests that need urgent action, and to ensure that the competent authorities of requested States have adequate resources to execute requests, taking into account the particular importance of the recovery of these assets for sustainable development and stability;²¹

²¹CAC/COSP/2013/18, sect. I.A, resolution 5/3, para. 6.

Urges States parties that have yet to designate a central authority for international cooperation in accordance with the Convention to do so, and to appoint focal points for the purposes of international cooperation and mutual legal assistance in asset recovery, and where appropriate, encourages States parties, to make full use of the network of focal points of the Open-ended Intergovernmental Working Group on Asset Recovery to facilitate cooperation and the implementation of the Convention, as well as the Global Focal Point Network on Asset Recovery, supported by the United Nations Office on Drugs and Crime through the Stolen Asset Recovery Initiative and by the International Criminal Police Organization (INTERPOL);

Encourages States parties to the Convention to use and promote informal channels of communication and the possibility of spontaneous exchange of information, as permitted by domestic law, in particular prior to making formal requests for mutual legal assistance, by, inter alia, designating officials or institutions, as appropriate, with technical expertise in international cooperation in asset recovery to assist their counterparts in effectively meeting requirements for mutual legal assistance;

Urges States parties to the Convention to remove barriers to asset recovery, including by simplifying their legal procedures and preventing abuse of those procedures, and also encourages States parties to limit, where appropriate, domestic legal immunities, in accordance with their legal systems and constitutional principles;

Encourages States parties to the Convention to give full effect to the resolutions, including those on asset recovery, of the Conference of the States Parties to the Convention;

Urges States parties to the Convention to afford one another the widest possible cooperation and assistance in the identification and recovery of stolen assets and proceeds of corruption and to give particular and timely consideration to the execution of requests for international mutual legal assistance, in accordance with the Convention, and to afford one another the widest possible cooperation and assistance in the extradition of individuals accused of the predicate offences, in accordance with their obligations under the Convention, including article 44;

Also urges States parties to the Convention to ensure that procedures for international cooperation allow for the seizure and/or restraint of assets for a time period sufficient to preserve those assets in full, pending confiscation proceedings in another State, to ensure that there are adequate mechanisms in place to manage and preserve the value and condition of assets pending the conclusion of confiscation proceedings in another State, and to allow or expand cooperation in the enforcement of foreign seizure and freezing orders and confiscation judgments, including through measures to permit recognition of non-conviction-based seizure and freezing orders and confiscation judgments, where possible;

Further urges States parties to the Convention to take a proactive approach to international cooperation in asset recovery by making full use of the mechanisms provided for in chapter V of the Convention, including initiating requests for assistance, making spontaneous and prompt disclosures of information on proceeds of offences to other States parties and considering making requests for notifications, in accordance with article 52, paragraph 2 (b), of the Convention, and, where appropriate, implementing measures to permit the recognition of non-conviction-based forfeiture judgments;

Urges States parties to the Convention to ensure that reliable, accurate and updated beneficial ownership information on companies is accessible to law enforcement agencies and other relevant authorities, including, as appropriate, financial intelligence units and tax administrations, thus facilitating the investigation process and the execution of requests, and encourages States parties to the Convention to cooperate in order to implement the measures necessary to enable them to obtain reliable information on beneficial ownership of companies, legal structures or other complex legal mechanisms, including trusts and holdings, used to commit crimes of corruption or to hide and transfer proceeds;

Urges Member States, where appropriate and consistent with their national legal systems, to provide each other with the widest possible assistance in investigations of and proceedings in civil and administrative matters relating to corruption offences, committed by natural or legal persons, including, if appropriate, through mutual legal assistance, for the detection of corruption offences, the identification, freezing and confiscation of assets, and the other purposes established in article 46, paragraph 3, of the Convention;

Calls upon Member States to take the necessary measures, in accordance with their domestic law, to permit another Member State to initiate civil action in their courts to establish title to or ownership of property acquired through the commission of corruption offences by natural or legal persons, as well as to permit their courts to recognize a civil claim of another Member State for payment of compensation or damages caused by corruption offences and for ownership of confiscated property acquired through the commission of such offences;

Urges States parties to the Convention to prevent, investigate and prosecute corruption offences established in accordance with the Convention, including, among others, when they involve vast quantities of assets, to freeze, seize, confiscate and return proceeds of offences, in accordance with the Convention, and to consider measures criminalizing attempts to commit such offences, including when organized criminal groups are involved;

Calls upon States parties to the Convention to take measures to ensure that legal and natural persons are held accountable for corruption offences in accordance with its terms, including, among others, when they involve vast quantities of assets, and encourages States parties to the Convention to consider the legal aspects of asset recovery and to strengthen cooperation in criminal matters, in accordance with chapter IV of the Convention;

Encourages Member States to prevent and combat all forms of corruption by increasing transparency, integrity, accountability and efficiency in the public and private sectors, and recognizes in this regard the need to prevent impunity by prosecuting corrupt officials and those who corrupt them and to cooperate in their extradition, in accordance with the obligations under the Convention;

Stresses the need for transparency in financial institutions, invites Member States to work on the identification and tracking of financial flows linked to corruption, the freezing or seizing of assets derived from corruption and the return of such assets, in accordance with the Convention, and encourages the promotion of human and institutional capacity-building in that regard;

Urges States parties to the Convention to give timely consideration to mutual legal assistance requests relating to the identification, freezing, tracing and/or recovery of proceeds of corruption and to respond effectively to requests for exchange of information related to proceeds of crime, property, equipment or other instruments referred to in article 31 of the Convention situated in the territory of the requested State party, in accordance with the provisions of the Convention, including article 40;

Urges States, in accordance with the fundamental principles of their legal systems, to develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability, and in this respect encourages legal professionals and non-governmental organizations, where appropriate, to assist businesses, in particular small and medium-sized businesses, to develop codes of conduct and compliance programmes for preventing bribery and corruption and promoting integrity;

Invites States parties to the Convention to recognize the importance of the involvement of young people and children as key actors in strengthening ethical behaviour, beginning with the identification and adoption of values, principles and actions that make it possible to build a fair and corruption-free society, in accordance with the Convention;

Urges States parties to the Convention to effectively implement all resolutions and decisions of the Conference of the States Parties to the Convention, including resolutions 7/8 on corruption in sport and 8/4 on safeguarding sport from corruption, inter alia, through taking robust legislative and law enforcement measures, supporting technical assistance and promoting capacity-building initiatives, as appropriate, and promoting cooperation between law enforcement agencies and relevant sport-related organizations and stakeholders, as well as resolution 7/5 on promoting preventive measures against corruption;

Welcomes the efforts of Member States that have enacted laws and taken other positive measures in the fight against corruption in all its forms, and in this regard encourages Member States that have not yet done so to enact such laws and to implement effective measures at the national level, in accordance with the Convention;

Notes the establishment by States of financial intelligence units, and encourages States that have not yet done so to consider establishing such units in accordance with article 58 of the Convention;

Reaffirms the need for Member States to take measures to prevent the transfer abroad and laundering of assets derived from corruption, including to prevent the financial institutions in both countries of origin and countries of destination from being used to transfer or receive illicit funds, as well as to assist in their recovery and to return such assets to the requesting State, in accordance with the Convention;

Calls upon Member States to continue to work with all stakeholders in international and domestic financial markets to deny safe haven to assets acquired illicitly by individuals engaged in corruption, to deny entry and safe haven to corrupt officials and those who corrupt them and to enhance international collaboration in the investigation and prosecution of corruption offences, as well as in the recovery of proceeds of corruption;

Urges all Member States to abide by the principles of proper management of public affairs and public property, fairness, responsibility and equality before the law and the need to safeguard integrity and to foster a culture of transparency, accountability and rejection of corruption, in accordance with the Convention;

Invites Member States to make every effort to prevent and counter corruption and to implement measures aimed at enhancing transparency in public administration and promoting the integrity and accountability of their criminal justice systems, in accordance with the Convention;

Calls for further international cooperation, inter alia, through the United Nations system, in support of national, subregional and regional efforts to prevent and combat corrupt practices and the transfer and laundering of proceeds of corruption, in accordance with the principles of the Convention, and in this regard encourages close and enhanced coordination, cooperation and synergies between anti-corruption agencies, law enforcement agencies and financial intelligence units;

Also calls for closer and active collaboration among interested States parties to the Convention, regional organizations and the United Nations system, including international financial institutions, in identifying commendable practices in effective and coordinated approaches to asset recovery consistent with chapter V of the Convention;

Stresses the need for further cooperation and coordination among the different international, regional and subregional organizations and initiatives mandated to prevent and combat corruption;

Urges Member States to take appropriate measures, within their means and in accordance with fundamental principles of their national law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, the private sector and academia, in the prevention of and fight against corruption and to raise public awareness, through, inter alia, media campaigns, regarding the existence, causes and gravity of and the threat posed by corruption;

Recalls article 63, paragraph 4 (c), of the Convention, in which it is stated, inter alia, that the Conference of the States Parties to the Convention shall agree upon activities, procedures and methods of work to achieve the objectives set forth in paragraph 1 of that article, including by cooperating with relevant international and regional organizations and mechanisms and non-governmental organizations, and in this regard invites the Conference of the States Parties to give due consideration to the implementation of the above-mentioned provision;

Requests the Secretary-General to continue to provide the United Nations Office on Drugs and Crime with the resources necessary to enable it to promote, in an effective manner, the implementation of the Convention and to discharge its functions as the secretariat of the Conference of the States Parties to the Convention, and also requests the Secretary-General to ensure that the Mechanism for the Review of Implementation of the Convention is adequately funded, consistent with the resolution adopted by the Conference of the States Parties at its sixth session;²²

²²See CAC/COSP/2015/10.

Reiterates its call upon the private sector, at both the international and the national levels, including small and large companies and transnational corporations, to remain fully engaged in the fight against corruption, notes in this context the role that the United Nations Global Compact can play in fighting corruption and promoting transparency, emphasizes the need for all relevant stakeholders, including within the United Nations system, as appropriate, to continue to promote corporate responsibility and accountability, and in this regard welcomes the adoption on 29 November 2013 of resolution 5/6 on the private sector²³ and the adoption on 6 November 2015 of resolution 6/5, the Saint Petersburg statement on promoting public-private partnership in the prevention of and fight against corruption,²⁴ by the Conference of the States Parties to the Convention;

²³See CAC/COSP/2013/18, sect. I.A.

²⁴See CAC/COSP/2015/10, sect. I.

Recognizes the important role of business and public-private partnerships in promoting measures to fight corruption, especially measures that support the promotion of ethical business practices in interactions between government, business and other stakeholders;

Encourages Member States to implement and raise awareness regarding effective anti-corruption education programmes;

Urges the international community to provide, inter alia, technical assistance to support national efforts to strengthen human and institutional capacity aimed at preventing and combating corrupt practices and the transfer of proceeds of corruption and to facilitate asset recovery and the return and disposal of such proceeds in accordance with the Convention, and to support national efforts in formulating strategies for mainstreaming and promoting anti-corruption efforts, transparency and integrity in both the public and the private sectors;

Urges States parties and signatories to the Convention to strengthen the capacity of legislators, law enforcement officials, judges and prosecutors to combat corruption and to deal with matters relating to asset recovery, including in the areas of mutual legal assistance, confiscation, criminal confiscation and, where appropriate, non-conviction-based forfeiture, in accordance with national law and the Convention, and civil and administrative proceedings, and to give the highest consideration to providing technical assistance in those fields, upon request;

Encourages Member States to exchange and share with each other, including through regional and international organizations, as appropriate, information on lessons learned and good practices, as well as information related to technical assistance activities and initiatives in order to strengthen international efforts to prevent and combat corruption;

Encourages States parties to the Convention to provide regular updates and to expand, where appropriate, the information contained in the relevant databases of knowledge on asset recovery, such as Tools and Resources for Anti-Corruption Knowledge and Asset Recovery Watch, taking into consideration constraints on information-sharing based on confidentiality requirements;

Encourages the collection and systematization of good practices and tools in the cooperation for asset recovery, including the use and expansion of secure information-sharing tools, with a view to enhancing early and spontaneous information exchange insofar as possible and in accordance with the Convention;

Also encourages the collection of substantial information duly researched and regularly published by recognized organizations and representatives of civil society;

Encourages States parties to the Convention to make widely available information on their legal frameworks and procedures with regard to asset recovery under chapter V of the Convention, in practical asset recovery, mutual legal assistance and beneficial ownership guides or other formats designed to facilitate use by other States, and to consider, where advisable, the publication of that information in other languages;

Also encourages States parties to the Convention to share approaches and practical experience for the return of assets, consistent with article 57 of the Convention, for further dissemination through the Secretariat;

Encourages requesting States to ensure that adequate national investigative procedures have been initiated and substantiated for the purpose of presenting mutual legal assistance requests, and in this context encourages requested States to provide, when appropriate, information on legal frameworks and procedures to the requesting State;

Encourages States parties to the Convention to compile and provide information in accordance with article 52 of the Convention and to take other actions that help to establish the linkage between assets and offences under the Convention;

Notes with appreciation the Stolen Asset Recovery Initiative of the United Nations Office on Drugs and Crime and the World Bank and its cooperation with relevant partners, including the International Centre for Asset Recovery, and INTERPOL, and encourages coordination among existing initiatives;

Requests the United Nations Office on Drugs and Crime to continue to provide, in collaboration with the World Bank through the Stolen Asset Recovery Initiative and in coordination with other relevant stakeholders, upon request, technical assistance for the implementation of chapter V of the Convention, including by providing direct expertise on policy or capacity-building through the Office’s thematic programme on action against corruption, economic fraud and identity-related crime and, where appropriate, regional programmes, using its range of technical assistance tools;

Encourages Member States to implement effective measures to detect, prevent and counter corruption, as well as the transfer abroad and laundering of assets derived from corruption, and to strengthen international cooperation and assistance to Member States to assist in the identification, freezing or seizure of such assets, as well as in their recovery and return, in accordance with the Convention, in particular chapter V thereof, and in this regard to continue to discuss innovative modalities to improve mutual legal assistance in order to speed up asset recovery proceedings and render them more successful, while also drawing on the experience and knowledge built through the implementation of the Stolen Asset Recovery Initiative;

Encourages States parties to the Convention to consider, where appropriate, making use of the non-binding Lausanne Guidelines for the Efficient Recovery of Stolen Assets and the supporting step-by-step guide, available online, in their practice and to continue to exchange practical experiences, with a view to keeping the step-by-step guide up to date, as well as enhancing effective approaches to asset recovery based on lessons learned from past cases, being mindful that the Lausanne process can provide an important platform in this regard;

Notes with appreciation the work of other initiatives in the field of asset recovery, such as the Arab Forum on Asset Recovery, and welcomes their efforts to enhance cooperation between requesting and requested States;

Welcomes the work of the International Anti-Corruption Academy, a centre of excellence for education, training and academic research in the anti-corruption field, including in the area of asset recovery, and looks forward to its continued efforts in this regard to promote the goals and implementation of the Convention;

Recognizes the efforts of the Group of 20 in countering corruption at both the global and the national levels, takes note with appreciation of the anti-corruption initiatives outlined in the communiqué of the Summit of the Group of 20, held in Hamburg, Germany, on 7 and 8 July 2017, and urges the Group of 20 to continue to engage other States Members of the United Nations and the United Nations Office on Drugs and Crime in its work in an inclusive and transparent manner to ensure that initiatives of the Group of 20 complement or strengthen the work being undertaken by the United Nations system;

Requests the Secretary-General, within existing reporting obligations, to include in his report to the General Assembly at its seventy-seventh session under the item on crime prevention and criminal justice an analytical section entitled “Preventing and combating corrupt practices and the transfer of proceeds of corruption, facilitating asset recovery and returning such assets to legitimate owners, in particular to countries of origin, in accordance with the United Nations Convention against Corruption”, and also requests the Secretary-General to transmit to the Assembly the report of the Conference of the States Parties to the Convention on its ninth session.

Who adopted this document and its mandates?

What other versions does this mandate have?

Which reports were submitted under this mandate?

What subjects does this mandate have?

What’s in this document?

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