Skip to main content
Version date: 16 November 2023 - onwards
Version 9 of 9

Interpretive Note to Recommendation 38 (Mutual legal assistance: freezing and confiscation)

1. Countries should be able to take expeditious action in response to requests for cooperation in the widest possible range of circumstances. This should include requests made on the basis of conviction and non-conviction based confiscation proceedings and related provisional measures, as set out in Recommendation 4 [The reference to Recommendation 4 incorporates references to fundamental principles of domestic law which may relate to certain types of confiscation. With regard to requests made on the basis of non- conviction based confiscation proceedings, countries should have the authority to provide assistance, at a minimum, in circumstances when a perpetrator is unavailable by reason of death, flight, absence, or the perpetrator is unknown, to the furthest extent that such assistance is consistent with fundamental principles of domestic law.].

2. In recognising and enforcing foreign freezing, seizing or confiscation orders, requested countries should be able to rely on the findings of fact in the foreign order. Enforcement should not be made conditional on conducting a domestic investigation. Further, courts in the requested country may review the foreign order and issue any orders necessary to give it effect with regard to property located in the requested country.