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Asset Recovery Rules
in Jordan
5th Pan-European High Level Conference
on asset Recovery Offices
Cyprus 22-24 Oct. 2012
Prof. Fayyad Alqudah (LL.B, LL.M, PhD)
Board Member
Jordan Anti-Corruption Commission
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Introduction
- Jordan is a civil law system country.
- Anti-Corruption Commission is established by
law 62 Year 2006.
- An independent Institution administered by a
board of 6 members and a chairman.
- Appointed by a Royal decree for a term of 4
years renewable for one time.
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- Jordan is a member in UNCAC and a law was passed by
Parliament to ratify UNCAC.
- Jordan informed General Secretary that the focal point for
MLA will Ministry of Justice.
- Money Laundering & Anti-Terrorist Unit was established in the
Central Bank and has jurisdiction to follow matters including
Holding, Freezing and confiscation of proceeds of money
laundering and terrorist crimes through Public Prosecutor
orders.
Importance of Asset Recovery:
1. Depriving Criminals from enjoying the fruits of their
crimes:
a) Recovering Stolen Assets.
b) Nullifying & Rescinding Contracts & Concessions.
2. Evidence in Trials to secure indictments & convictions.
3. Restoring justice by Handing stolen assets to lawful
owners.
Rules of Asset Recovery in Jordan:
1- Crimes within Jurisdiction of Jordanian Courts:
- Freezing pending trials (anti-corruption commission, Money
Laundering & Anti-Terrorist Unit, Public Prosecutor-Economic
Crimes- and Competent Courts).
- Confiscation by order of Courts.
- Fine equivalent or double Stolen Assets.
- Compensation (criminal or Civil case).
2- Crimes outside Jurisdiction of Jordanian Courts.
- Requests for Mutual Legal Assistance (MLA).
The General Rules:
1. Jordan Criminal Act (JCA) provides (in Art. 44)
for Confiscation of proceeds of crimes (taking in
consideration bona fide third party beneficiary).
2. JCA provides for Freezing of Assets (in certain
crimes (e.g terrorist activities) by Public
Prosecutor pending trial.
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3. Money Laundering Act provides for Holding, Freezing
of Assets and in some cases Confiscation.
4. Anti-Corruption Act provides for Freezing of Assets
pending trial.
5. Compensation of injured person in committed crimes
is provided for in criminal law and other laws
including Anti-Corruption Act.
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6. Anti-Corruption Commission law provides that the
Commission has authority to assist in
recovering
proceeds resulted from corruption crimes whether
such proceeds exist within Jordan or abroad.
As such, the law authorizes the commission to open
an account with the
deposit
recovered
Central Bank of Jordan to
proceeds
of
crime
until
distributed.
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7. The Economic Crimes Act allows for the settlement of
economic crimes according to certain conditions by a
judicial committee upon recommendation by the
attorney general. Such settlement may entail recovery
of proceeds whether in full or in part.
8. JCA and other related laws impose in certain cases a
fine equivalent or even greater that funds taken by
crime offenders.
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9. The Anti-Corruption Commission Law has been
amended recently to empower courts to invalidate or
rescind any contract or concession if evidence was
provided that such contract or concession was
obtained by an act of corruption.
Requests from other Countries
• Although Jordan does not have specific Law to
deal with implementation of requests furnished
by other countries to freeze, arrest, confiscate and
recover proceeds of crimes existed in Jordan,
several articles in different laws allows for
providing mutual legal assistance in these
matters.
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Corruption Crimes:
- Article (4/e) of Anti-Corruption Commission Act no. 62 Year 2006
explicitly provides that the commission shall provide international mutual
legal assistance when terms to provide such assistance are met through
official channels.
-Article (11/b) of ACCA explicitly provides that the Commission has
authority to assist in the recovery of assets acquired by corruption acts
whether such assets existed in Jordan or abroad.
-The Commission has authority to freeze movable and immovable assets
owned by people under investigation and deny them traveling abroad.
Money Laundering & Terrorist Cases:
-The MLAT Unit prepares a report about any case and sends it to the
Public Prosecutor who has authority to Freeze the assets pending
trial.
- The MLAT law provides that the judicial authorities will cooperate
with non Jordanian authorities in Money Laundering & Terrorist
cases.
-After due investigation the Public Prosecutor (if found grounds for
criminal liability) will issue an indictment and thus refer the case to
the competent court.
-During investigation the PP has authority to investigate the
legitimacy of the source of assets, freeze, arrest the assets of the
accused, his/her spouse and direct descendants and ancestors and
order them not to leave country.
-The PP has authority to freeze assets possessed by third party if an
evidence proves that such assets resulted from crime.
-The competent court has jurisdiction to confiscate proceeds of
crime in a given case; and if disbursed with, to order a fine with an
amount equivalent to the proceeds of the crime.
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Request for MLA in Jordan:
-The legal grounds for providing MLA are:
- Provisions of UNCAC.
-Article (4/e) of Anti-Corruption Commission Act.
-Article (11/b) of Anti-Corruption Commission Act.
-Article (23) of Money Laundering & Anti-Terrorist Act.
-Bilateral Agreements.
-Equal Treatment Principles (International cooperation).
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Formal Requirements:
• An Application in writing shall be submitted.
• Description of the Identity of the requesting agency
(Judicial authority)
• Identification of the legal grounds for the request:
– Local legislation.
– Agreement (Bilateral, Regional or international).
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•The nature of the investigation or the judicial procedure
behind the request.
•Description of the nature of the crime and its conditions
and evidence provided.
* Details of the Assistance requested (arrest, take
testimony,)
• Name of the individual, nationality and residence (if
known).
•The purpose of the MLA requested and that it will
be used as an admissible evidence.
•Use Arabic language if possible.
• Must make sure of existence of dual criminality
conditions.
•Use of MLA shall be for the object sought only.
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Examples of MLA Agreement
Bilateral
Multilateral
1- Jordan-Yemen 2007
United Nations Convention
against Corruption
United Nations Convention
against Transnational Organized
Crime
2- Jordan-Kuwait 2006.
3-Jordan-Algeria 2001.
4-Jordan-Tunis 2001
5-Jordan-Morocco 2008.
6- Jordan-UAE 2000.
7-Jordan-Qatar 1997
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• Jordan has executed 12 Mutual Legal
Assistance Request during the years 2009 –
2012.
• And 2 judicial Assistance Requests with
reference to the UNCAC during the years 2010
– 2011.
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Thank you for
listening
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