OECD Anti-Corruption Network for Eastern Europe and Central Asia (ACN) 8 th Meeting of the Law Enforcement Network Investigation and Prosecution of Corruption: Confiscation of Proceeds, Asset Recovery and Independence of Prosecutors AGENDA 25-27 October 2017 Baku, Azerbaijan Background
Background The Anti-Corruption Network for Eastern Europe and Central Asia (ACN) is one of the global relations programmes of the Working Group on Bribery (WGB) of the Organisation for Economic Co-operation and Development (OECD). ACN supports anti-corruption reforms and promotes the exchange of experience and good practice among the ACN countries, in co-operation with OECD countries and other regions and organisations. More information about the ACN is available at its website www.oecd.org/corruption/acn. Azerbaijan is the ACN member since its establishment in 1998, and takes part in the Istanbul Anti- Corruption Action Plan since 2003. The Anti-Corruption Directorate (ACD) with the Prosecutor General of the Republic of Azerbaijan acts as the National Coordinator of the ACN, and coordinate participation of relevant state bodies in its activities. Azerbaijan has kindly offered to host the 8 th Meeting of the ACN Law-Enforcement Meeting, where the ACD provides overall support and funding for the event. Objectives The main objective of the ACN LEN is to help law-enforcement practitioners working on corruption cases to build their capacity and to learn about modern investigation and prosecution techniques, and to build professional contacts necessary for effective investigation and prosecution of complex cross border corruption cases. The main focus of this LEN meeting will be on the issue of confiscation of proceeds of corruption. This discussion will be supported by the ACN Study on this issue that was conducted during 2017. The meeting will also address the new issue of recovery of assets. Following the previous meeting of the in 2016 in Astana, Kazakhstan, the ACN LEN will continue addressing the challenging issue of independence of prosecutors. This seminar will continue the discussion of relevant international standards and good practices, including institutional and fiscal guarantees to prevent undue political interference in the work of prosecutors, as well as internal rules and procedures necessary to insure independence of case prosecutors from undue interference of their hierarchy. In order to support this discussion, the ACN may also develop a discussion paper on this subject. Investigators and prosecutors at this meeting will discuss the following issues: Modern methods for confiscation of proceeds of corruption; Modern methods for recovery of assets; Challenges and solutions for ensuring independence of prosecutors. Working language The meeting will take place in English with simultaneous interpretation into Russian. Participants The seminar is for national authorities in charge of investigating and prosecuting corruption-related crimes in Eastern Europe and Central Asia, including specialized anti-corruption prosecutors and investigators, and other relevant authorities, when appropriate. Investigators and prosecutors from OECD countries and other international bodies can be invited. 2
The OECD Secretariat, in cooperation with ACN National Coordinators, will select one to two participants from each ACN country who would most benefit from the seminar. Given the focus of this meeting on confiscation and asset recovery, law-enforcement practitioners with direct personal experience in these issues will be selected. Officials not personally engaged in investigation and prosecution of corruption will not be allowed to take part in the meeting. Date, time and venue 25-27 October 2017 Baku, Azerbaijan Contact persons Ms Martina Limonta, martina.limonta@oecd.org +33 1 45 24 78 31 (on registration and logistics); Mr Andrii Kukharuk, andrii.kukharuk@oecd.org (on agenda and participation). Join the conversation on Twitter: follow us at @oecd_bizfin 3
Day 1 Wednesday, 25 October 2017 09:00-10:00 Visits to the Alley of Honour and Martyrs Avenue 10:00-10:30 OPENING Welcoming remarks by Azerbaijan, Mr Kamran Aliyev, Deputy Prosecutor General - Director of the Anti-Corruption Directorate with the Prosecutor General of the Republic of Azerbaijan Welcoming remarks by Azerbaijan, Mr Kamal Jafarov, Secretary of the Commission on Combating Corruption of the Republic of Azerbaijan Welcoming remarks by the OECD/ACN, Mrs Olga Savran, ACN Manager, OECD Introduction of the agenda by the LEN Chair, Mrs Anca Jurma, Councillor of the Chief Prosecutor of the National Anti-corruption Directorate (DNA), Prosecutor's Office attached to the High Court of Cassation and Justice, Romania 10:30-11:30 SESSION 1: Confiscation of proceeds of corruption in Eastern Europe and Central Asia General overview of the ACN Study "Confiscation of Instrumentalities and Proceeds of Corruption", Mr Dmytro Kotliar, ACN Anti-Corruption Analyst, OECD Key findings and recommendations of the ACN Study "Confiscation of Instrumentalities and Proceeds of Corruption", Mr Vitalii Kasko, former Deputy Prosecutor General of Ukraine, Member of the Executive Committee of the International Association of Prosecutors, partner of the Vasil Kisil & Partners Questions and answers 11:30-12:00 and family picture 12:00-13:00 SESSION 2: Challenges and good practices of confiscation of proceeds of corruption Case study by Azerbaijan, Mr Vahid Mammadov, Deputy Head of Investigations Department of the Anti-Corruption Directorate with the Prosecutor General Case study by Ireland, Mr James Hamilton, Former Director of Public Prosecutions of Ireland, former President of the International Association of Prosecutors 13:00-14:00 Lunch break 14:00-15:30 CONTINUATION Case study by Romania, Ms Alexandra Lancranjan, Prosecutor, National Anticorruption Directorate (DNA), Prosecutor's Office attached to the High Court of Cassation and Justice, Romania Case study by Croatia, Ms Ksenija Krizman, Deputy Head of the State Prosecutor's Office for the Suppression of Corruption and Organized Crime Case study by Latvia, Mr Maris Urbans, Public Prosecutor, the General Prosecutor s Office Round table discussion 15:30-16:00 16:00-18:00 SESSION 3: Working Groups Hypothetical case involving confiscation and asset recovery, moderated by Mr Simone Rivabella, Anti-Corruption Analyst, OECD 18:00 End of day 1 Welcoming cocktail 4
Day 2 Thursday, 26 October 2017 09:30-11:30 SESSION 4: Independence of prosecutors Key note presentation main challenges and solutions, Mr James Hamilton, Former Director of Public Prosecutions of Ireland, former President of the International Association of Prosecutors Presentations of good national practice by practitioners from the ACN and OECD countries: - Romania - Mrs Anca Jurma, Chief Prosecutor, Councillor of the Chief Prosecutor of the National Anti-corruption Directorate (DNA), Prosecutor's Office attached to the High Court of Cassation and Justice, Romania - Brazil Mr Wellington Cabral Saraiva, Federal Circuit Prosecutor, International Cooperation Unit, Federal Prosecution Office - Lithuania - Mr Tomas Krušna, Chief Prosecutor, Division of Criminal Prosecution, the Prosecutor s Office 11:30-12:00 12:00-13:00 13:00-14:00 14:00-14:40 CONTINUATION - Azerbaijan Mr Elnur Musayev, senior prosecutor of the Anti-Corruption Directorate with the Prosecutor General Round table discussion Discussion of the thematic study on this issue Lunch break SESSION 5: Performance of law-enforcement bodies in the fight against corruption in Eastern Europe and Central Asia Overview of the performance indicators from the ACN annual report for 2016: achievements and challenges, Mrs Olga Savran, ACN Manager, OECD Review of the country profiles of anti-corruption law-enforcement bodies, Mr Andrii Kukharuk, ACN Project Manager, OECD 14:40-15:30 SESSION 6: Round table on MLA cases among ACN countries Round table discussion on unreasonably pending MLA requests in corruption cases, Mrs Olga Savran, ACN Manager, OECD 15:30-16:15 SESSION 7: Financial investigations of corruption offences Presentation of the ACN methodology of training on financial investigation using the experience of Ukraine and Kyrgyzstan, Mr Andrii Kukharuk, ACN Project Manager, OECD Round table discussion 16:15-16:45 16:45-18:00 18:00 SESSION 8: Speed dating Delegates will have the opportunity to have a quick bi-lateral meeting with other delegates to find out about the law-enforcement bodies in other countries that work on corruption cases and to establish persons contacts that can be useful in crossborder cases End of day 2 Dinner reception 5
Day 3 Friday, 27 October 2017 09:30-11:00 SESSION 9: Asset recovery Key note presentation - international standards and good practice, Mr Joe Spicer, Senior Asset Recovery Specialist, Basel Institute on Governance Case study by Poland, Mr Artur Koldys, Head of the Investigation Unit, Regional Department in Bialystok, Central Anti-Corruption Bureau Case study by the U.S., Mr Michael Olmsted, Trial Attorney, Money Laundering and Asset Recovery Section, Criminal Division, Department of Justice Department of Justice 11:00-11:30 11:30-13:00 CONTINUATION Case study by Azerbaijan, Mr Emin Mursaliyev, Deputy Head of Operations Department of the Anti-Corruption Directorate with the Prosecutor General Presentation on international cooperation in the area of asset recovery, Kazakhstan, Ms Gaukhar Sybanova, Deputy Head of Division, Investigative Department, the National Bureau of Anti-Corruption (Anticorruption Service), Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption Round table discussion Discussion of the thematic study on this issue 13:00-13:30 13:30 CLOSING Closing remarks Wrap up Next steps End of the meeting and lunch Sightseeing tour 6
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