Is It Lawful Under UNCAC to Attach Conditions to Asset Returns?

Article 57 of the United Nations Convention Against Corruption (UNCAC), which outlines provisions concerning the return of stolen assets, was the most contentious piece of the entire convention. A straightforward reading of Article 57 appears to require state parties to return assets “on the basis of a final judgement in the requesting State Party” (emphasis added). Often, however, a final judgement is not forthcoming. Article 57 addresses that contingency in its final paragraph, which provides for “agreements or mutually acceptable arrangements, on a case-by-case basis, for the final disposal of confiscated property.” That gives rise to another extremely contentious question, discussed previously on this blog (see here, here, and here): Is it legally permissible for states that confiscate the assets to attach conditions on their return?

Read the full post by Robert Packer, in the Global Anitcorruption Blog. http://globalanticorruptionblog.com/2016/02/25/guest-post-is-it-lawful-under-uncac-to-attach-conditions-to-asset-returns/