Non-conviction based forfeiture (NCBF) laws allow courts to confiscate assets of a criminal nature, even where no conviction has been obtained in relation to criminal conduct.

They have existed for many years in several countries in a wide variety of forms, and complement other asset recovery mechanisms. Yet this diversity – and the fact that many countries still do not have or use such laws – leads to challenges with their application, especially in cases with an international element.

The Basel Institute’s International Centre for Asset Recovery led a 24-month programme entitled “Supporting Stakeholders in Adopting Non-Conviction Based Forfeiture as a Tool for Asset Recovery”. Funded by the Bureau of International Narcotics and Law Enforcement Affairs of the U.S. Department of State, the programme aimed to increase the capacity of 10 countries to recover stolen assets through effective, appropriate NCBF legislation.

The programme has resulted in some important successes and reflections that pave the way for wider use of NCBF mechanisms. It has also spurred the development of knowledge communities that offer a forum for practitioners to share experiences and discuss challenges. We hope these will all assist champions and practitioners to maximise the potential of NCBF to recover illicit assets and thereby deter corruption and other crimes.

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