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COP198 Publishes Follow-Up Report on Articles 11, 14 and 25 of the Warsaw Convention

COP198 Publishes Follow-Up Report on Articles 11, 14 and 25 of the Warsaw Convention

In a report published today, the Conference of the Parties to the CETS 198 acknowledged the progress made by Azerbaijan and San Marino in implementing Article 25 (‘confiscated property’)  of the Warsaw Convention. The report also concluded that other States Parties, selected for the follow-up procedure, had not yet introduced legislative or other measures to comply with the requirements of this article. With regard to Article 11 (‘international recidivism’), the report noted a limited progress by the selected States Parties and called for their urgent actions in incorporating this article’s provisions into national legislations. Finally, the report recognised some positive steps taken by the State Party selected for the follow-up procedure on Article 14 (‘postponement of suspicious transaction’), but nonetheless concluded that there is a need for further progress by the Party to fully transpose the requirements of this article at the national level.

Given the results of this round of the follow-up procedure, the Conference of the Parties decided to apply Rule 19bis (25) of the Rules of Procedure in relation to these Parties which did not apply the above-referred articles to a satisfactory extent. These States Parties have also been invited to report back in 2024.

 

Link to report  

21/12/2023
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At a glance

The Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198, the Criminal asset Recovery Convention), which entered into force on 1 May 2008, is the first comprehensive international treaty covering both the prevention and the control of money laundering and the financing of terrorism. It is a key convention of the Council of Europe, which reinforces current global standards by setting, inter alia, specific requirements with respect to preventative money laundering and terrorism financing regimes, freezing, seizure and confiscation measures, the management of frozen and seized property,  asset sharing between Parties,  financial intelligence units,  international co-operation and other aspects. The Convention addresses the fact that quick access to financial information on assets held by criminal organisations, including terrorist groups, is the key to successful preventive and repressive measures, and ultimately it is the best way to stop them.

The Convention established a mechanism to ensure the proper implementation by the Parties of its provisions through a Conference of Parties. Its monitoring procedure complements the work of the relevant bodies which monitor the implementation of the Financial Action Task Force  (FATF) standards, namely the Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) and the FATF. The action of the Conference of the Parties is central to the fight against organised crime and contributes to the Council of Europe’s action against corruption, human trafficking, cybercrime and economic crime in general.