Unexplained Wealth Orders

Jordan commit to strengthen their asset recovery legislation, including through non-conviction based confiscation powers and the introduction of unexplained wealth orders.

Status: Ongoing

This commitment has no defined end date and there is evidence that activity has started.

The Concerned Authorities:

  • Ministry of Justice.
  • Judiciary
  • Integrity and Anti-Corruption Commission

Evidence

Created with Snap

The Current Situation:

-The Jordanian legal framework has the needed base to develop and amend to complete the implementation of this commitment, where the Anti-Money Laundering and Counter Terrorism Financing Law allows the crime of money laundering to be considered illegal. The article 23 of the same law includes a provision regarding the implementation of external requests to confiscate the proceeds of money laundering crimes, which can be ruled by a civil court.

-The Integrity and Anti-Corruption Law stipulates the authority of the Commission to contribute to the recovery of money from corruption acts (article 8 of the law). In addition to seizing and prohibiting disposal (freezing), these are precautionary measures that allow that result in confiscating by judicial decision.

-The Law on Collection of Public Funds and its Amendments No 12 of 2017, considers the legislation for the collection of public funds was originally issued to collect the money due from the receivables of taxpayers such as fees and taxes, but it can be , developed and used in the framework of confiscation and recovery of funds without the need for a conviction judgment.

-Law of Maintenance of State Funds No. 20 of 1966 and its amendments The State Funds Maintenance Court is established under this law and it is within its competence to seize, retrieve and confiscate the money acquired by people in a manner that violates the law.

-The state can also exercise its right through civil lawsuit and civil legislation in order to recover the money and its revenues through the provisions of the general rules in the civil law.

-Economic Crimes Law No. 9 of 1993 and its amendment.

-Illicit Financing Law No 21 of 2014 and its amendments.

 

Recommendations:

1.Activating legal texts (currently available) through which confiscation can be achieved without the need for criminal conviction, and this requires some of the agencies listed below to cooperate to develop a procedural guide that explains the mechanisms and means of confiscation available in order to assist those authorities in carrying out confiscation not based on a criminal ruling each according to Its specialty is:

-Judiciary / Public Prosecution.

-Integrity and Anti-Corruption Commission.

-Money Laundering Unit.

-Ministry of Justice.

-Ministry of Finance.

-Ministry of Interior.

  1. Developing legislation to allow for confiscation not based on a criminal judgment, whenever the reasons for the criminal case are not possible, by authorizing the confiscation of funds arising from corruption crimes or original crimes of money laundering crimes so that as a preliminary procedure, freezing or seizing the funds if they are transferred is sufficient for possession only and preventing Disposal with it, if it is immovable, shall be applied to the disposition with which it is required by law, such as registration and documentation, such as lands, vehicles, and others.

3.The confiscation permit, if the person is unable to prove the legality of the source of that money without a court ruling, and others with good faith have the right to resort to the judiciary.

  1. Amending the Integrity and Anti-Corruption Law of 2016 to allow the Commission’s Board to make reconciliations and settlements to recover money resulting from a corruption crime and with the approval of the Judicial Committee stipulated in the applicable Economic Crime Law and it is the same authority established for the Attorney General in the said law.