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Version date: 16 November 2023 - onwards
  Version 9 of 9    

Interpretive Note to recommendations 4 and 38 (Confiscation and provisional measures)

A. Prioritisation and asset recovery frameworks

1. Countries should review their asset recovery regime to ensure its ongoing effectiveness and provide sufficient resources to effectively pursue asset recovery.

2. Consistent with Recommendation 2, countries should ensure that they have the necessary domestic cooperation and coordination frameworks and agency structures to enable effective use of the measures below.

B. Criminal property and property of corresponding value

3. Criminal property and property of corresponding value extends to property owned or held by third parties, but without prejudicing the rights of bona fide third parties. Examples of circumstances where property is owned or held by non-bona fide third parties and could be criminal property or property of corresponding value include:

(a) property under the effective control of the defendant or person under investigation and, for example, held or owned by family members, associates or legal persons and arrangements; or

(

Comparing proposed amendment...