This Anti-Corruption Helpdesk brief was produced in response to a query from one of Transparency International’s national chapters. The Anti-Corruption Helpdesk is operated by Transparency International and funded by the European Union.
Query
Please provide an overview of the asset recovery process and the potential contribution of civil society organisations.
Summary
Asset recovery is an important component of anti-corruption policy and practice. Through a structured process of identification, seizure, confiscation and return, asset recovery seeks to deprive corrupt actors of illicit gains and restore these resources to their rightful owners or country of origin.
This Helpdesk Answer maps the main stages of the asset recovery process, presents the key legal and institutional frameworks that govern asset recovery in the EU and identifies entry points for civil society organisations to support asset recovery efforts.
While civil society actors cannot replace the mandate or roles of law enforcement, courts or prosecutors, they can contribute to asset recovery through awareness raising, advocacy, investigations and monitoring the use of recovered assets. This can help ensure that recovered assets ultimately serve the public interest.
Main points
● Asset recovery is a multi-stage process involving intelligence gathering, investigation, freezing and confiscation, and the management, return and reintegration of recovered assets.
● International asset recovery cases are often significantly more complex than domestic cases due to cross-border legal, institutional and information sharing challenges.
● EU Directive 2024/1260 significantly strengthens the EU-wide asset recovery framework by mandating the creation of asset recovery offices, asset management offices and stipulating the development of national asset recovery strategies. EU member states are required to bring their national laws, regulations and administrative provisions into line with the directive by the 23 November 2026.
● Key entry points for civil society organisations looking to participate in the asset recovery process include awareness raising, advocacy, intelligence gathering and monitoring the management of recovered assets.