“Criminal Asset Management” Seminar, Jogjakarta, Indonesia, 7-9 May 2018

As a representative of the Prosecutor General’s Office of Mongolia, public prosecutor U.Erdenetuya participated in the event of “Criminal Asset Management” Seminar, which was held by Asset Recovery Interagency Network – Asia Pacific (ARIN-AP) from 7-9 May 2018 at the Royal Ambarrukmo Hotel in Jogjakarta, Indonesia.

The event has been co-hosted by 2018 ARIN-AP President, the Republic of Indonesia, through the Indonesian Attorney-General’s office and the Australian Department of Home Affairs. The seminar brought together subject matter experts from around the world to present on their successes, their approaches and most importantly, their recommendations on how to achieve the best possible results in administering criminal proceeds.

During the seminar, cases related to international best practice guidelines have been introduced and participants were encouraged to consider new or improved methods appropriate and transferable to their jurisdictions. Particularly, prosecutors, investigators and asset managers from not just from Mongolia but also Australia, Indonesia, Pakistan, Philippines, New Zealand, Thailand and Cambodia shared their experience with each other and exchanged ideas and experiences about their country's regulatory and systemic features. Topics such as "Repatriation of criminal proceeds", "Prosecutor, investigator, and asset manager’s role in asset management", "Legal environment for asset repatriation", "Management on sealing and recovering of Crypto currency”,  “Private sector involvement in asset recovery", "International Cooperation and Asset Management in Asset recovery", "Prevention of Corruption and Property Protection in Capital Management" were covered in the seminar.

Indeed, the majority of participants in the event were prosecutors, law enforcement agencies and asset managers who are responsible for collection, sealing, storing, protecting, retrieving and asset management while they have guideline or handbook, system for information sharing, co-operative and communication means and specific legal regulations on asset management as well.

Furthermore, countries that participated in the seminar exchanged views on further developing of asset management system in order to strengthens the co-operation Asia-Pacific network for asset recovery and addressed the following: 1) Improve the legal environment on asset management for each member states of ARIN-AP 2) Consolidated database should be produced for law enforcement agencies in domestic level 3) to have a detailed guidance for asset recovery and keep the training on a regular basis 4) to improve the "asset recovery process" that is widely used in the country's capital management relations, 5) Having an independent structure and enhance the effectiveness of the work, and encouraged further cooperation.

In the most countries participated in the event, the issues pertaining to assessing, storing and selling criminal proceeds such as cash or money in bank account, immovable or movable property, jewelry, stocks and businesses are executed through administrative, criminal, civil procedure. Accordingly, those procedures could be done due their jurisdiction by the court, prosecutors, investigators and asset managers or assignees.

The common steps in regards to asset management:

1. Determine what kind of assets or income originated due to committing of crime.
2. Determine which processes can be performed during investigation, including seizure or forfeiture, freeze, store, sale, recovery and how it could be tried in administrative, civil or criminal court.
3. Define the authorities responsible for the process and clarify their responsibilities.
4. Determine which national and international legal instrument exists for the process.
5. Calculate the cost of the operation and who is responsible for it.
6. Whether the cost of obtaining, storage and administration the asset can be deducted in the end of asset recovery.

Department of International Cooperation & Mutual legal assistance

The Prosecutor General’s Office, Mongolia