The Additional Protocol is a new legal instrument adopted in May 2026 and it supplements the Council of Europe Convention on laundering, searching, seizing, and confiscating proceeds from crime and financing of terrorism (the Warsaw Convention). It seeks to strengthen and modernise asset recovery processes across Europe.

The Protocol responds to the evolving methods and typologies of crime, including the use of advanced technologies, cryptocurrencies, shell companies, and complex transnational structures. It strengthens international standards with the aim to provide national authorities with updated tools and frameworks to counter these threats effectively.

It improves every stage of the asset recovery process: from identification and tracking of illicit assets, through their freezing, seizure, evaluation, and management, to their eventual confiscation and disposal.

• Substantive Confiscation:
  • Allows confiscation of assets beyond those directly linked to specific offences.
  • Includes non-conviction based confiscation (NCBC) for cases where criminal proceedings are discontinued.
  • Enables confiscation from third parties, with safeguards for legitimate interests.
• Provisional Measures:
  • Enables swift action to prevent dispersal of illicit assets, always respecting due process and proportionality.
• Investigative Powers:
  • Extends powers to request production, seizure, and monitoring orders from all financial institutions and Virtual Asset Service Providers (VASPs).
  • Grants access to customer due diligence and record-keeping data.
• Financial Investigations:
  • Allows investigations at all stages, including post-conviction, with multidisciplinary teams and flexible structures.

It establishes:

• Standardised forms for faster and harmonised cross-border cooperation.
• Joint Investigation Teams (JITs) to work collaboratively on asset recovery cases.
• Mechanisms for rapid access and exchange of financial and property information.
• Prioritisation of return and sharing of confiscated assets among countries, including compensation for victims and return to legitimate owners.

The Protocol upholds robust human rights protections, fair trial rights, property rights, and remedies for affected persons. It includes notification requirements, secure information channels and limits access to data.

The Protocol encourages the reuse of confiscated assets for public benefit, helping transform criminal proceeds into resources for society.

The Conference of the Parties to the Warsaw Convention monitors the Protocol’s implementation, ensures compliance, and supports information sharing among participating states.

The Protocol will enter into force after five ratifications, including at least three by Council of Europe member states.

It complements the original Warsaw Convention and aligns with standards such as those of the FATF and the EU, while fully respecting the European Convention on Human Rights (ECHR) and other relevant international law.