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IFFC WORKING GROUP ‘ASSET TRACING & RECOVERY’ MEETS DELEGATION FROM INDONESIA

On Friday April 13, the IFFC Working Group ‘Asset Tracing & Recovery’ met with a delegation from Indonesia to discuss Asset Tracing and Recovery, in particular the role of the private sector in the asset recovery process.  

SIGAP

The visit was part of the ‘Capacity-Strengthening of the Indonesian Government on Cross-Border Asset Recovery and Mutual Legal Assistance Program’ (SIGAP), implemented by local non-governmental organization Kemitraan. This is an initiative under the ‘Indonesia-Netherlands Rule of Law Fund’ from the Embassy of the Kingdom of the Netherlands in Jakarta, which is managed by the International Development Law Organization (IDLO). 

In order to increase understanding and learn directly from relevant Dutch agencies, 11 representatives from the Indonesian Attorney General Office (Public Prosecution Service), Ministry of Environmental and Forestry, Kemitraan, and the University of Indonesia traveled to the Netherlands for a Comparative Study on

International Asset Recovery Practices. The delegation met with the National Public Prosecutor’s Office, the Dutch Ministry of Finance, Europol, the Dutch National Police, and Leiden University. The week concluded with an interactive session with participants of the IFFC Working Group Asset Tracing & Recovery. 

IFFC

IFFC Director Arthur de Groot introduced the IFFC as an independent platform supporting public-private partnerships by sharing knowledge on different topics related to Financial Economic Crime, at events, and through projects and working groups. Delegates from the IFFC Working Group on Asset Tracing & Recovery, which consist of lawyers, forensic researchers, representatives from financial institutions, and the Criminal Investigation Service of the Dutch Ministry of Finance (FIOD), explained that information sharing between (public and private) organisations is key for a proper operation. Their main goal therefore is to learn from each other’s experiences, especially in relation to methods and techniques - all on the basis of trust.

Public-Private Partnerships in Asset Tracing & Recovery

Representatives of Kemitraan briefly explained how the process of Asset Tracing & Recovery works in Indonesia and how they were particularly interested in the cooperation between the public and private sector in this process in the Netherlands.

In case of assets from the proceeds of corruption in the private sector it is, under the current laws in Indonesia, difficult to intervene as there is no state money involved. For this reason, a relevant current discussion in Indonesia is on whether or not anti-corruption legislation should be implemented in the private sector. 

Asset Identification in the Netherlands

One of the IFFC delegates from the private sector presented a case of asset identification, including different methods such as using a map and pictures of the asset to calculate the time to travel from A to B. In the discussion, one of the Indonesian delegates shared how  in Indonesia, government attorneys of the Attorney-General’s Office can file a civil lawsuit to recover the proceeds of corruption, when there is state money lost. In the Netherlands private parties have to work together with the public prosecutors or lawyers. Firstly, civil tracing will be done by a private company. Once they have found the covered asset, they will hand it over to the public domain for the complaint. This process will be influenced by the jurisdiction in which the asset was found. 

Conclusion

Both the members of the IFFC and the SIGAP delegation look back to an interesting and informative morning, sharing knowledge about the asset tracing and recovery processes in Indonesia and the Netherlands.