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More cooperation between Member States in recovering assets
In order to combat organised crime effectively, information that can lead to the tracing and seizure of proceeds from crime and other property belonging to criminals has to be exchanged rapidly between Member States of the European Union (EU). This decision provides for the establishment of national Asset Recovery Offices in all Member States to handle exchanges of strategic information for the recovery of proceeds of crime.
Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime.
Rapid information exchanges help to combat cross-border organised crime. There is a need for close cooperation and direct communication between the relevant authorities of Member States involved in the tracing and confiscation of illicit proceeds.
To this end, each Member State is to designate at least one national Asset Recovery Office. These offices aim to facilitate the tracing and identification of proceeds of crime and other crime-related property. The freezing, seizure or confiscation of the proceeds is decided in judicial proceedings.
Cooperation between Asset Recovery Offices
Member States are to ensure that their Asset Recovery Offices cooperate with each other, exchanging information rapidly either of their own accord or upon request. These exchanges of information are to follow the procedures established under Framework Decision 2006/960/JHA on simplifying the exchanges of information and intelligence between law enforcement authorities of Member States.
Member States are to ensure that this cooperation is not hampered by the internal status of the Asset Recovery Offices, regardless of whether they form part of an administrative, law enforcement or a judicial authority.
The Asset Recovery Offices are also to exchange best practices, with a view to improving Member States’ effectiveness in the tracing and identifying of crime-related proceeds and other property.
Information must be exchanged in conformity with data protection rules. The use of the information exchanged is subject to national data protection provisions of the receiving Member State.
Facilitating the exchange of information implements a commitment made in the Hague Programme.
This decision follows from and completes the CARIN network (Camden Assets Recovery Inter-Agency Network), which is an informal network of asset recovery authorities.
|Act||Entry into force||Deadline for transposition in the Member States||Official Journal|
OJ L 332 of 18.12.2007