The report, Confiscation of the Proceeds of Crime: a Modern Tool for Deterring Counterfeiting and Piracy is the outcome of collaboration between UNICRI and BASCAP. The report is the joint response to the growing evidence that Intellectual Property (IP) crime has emerged as a lucrative and growing business for organized criminal networks due to the high profit and low risk it poses compared to other crimes. The report was presented at the Seventh Global Congress on Combating Counterfeiting and Piracy held in Istanbul, Turkey from 24 to 26 April 2013.

Model provisions

Key recommendations

BASCAP's proceeds of crime recommendations flesh-out and expand upon model provisions. POC recommendations fall into three areas: legal framework, institutional framework and international cooperation.

• Legal framework recommendations strive to effectively implement proceeds of crime legislation to facilitate asset tracing, freezing and seizure and confiscation proceedings. In regards to a trial they include a shift to non-conviction based confiscation regimes and reversal of burden of proof. BASCAP recommendations include strengthening tracing and investigation powers, and extending powers of confiscation including to third parties in some cases. In regards to freezing and seizing of assets, recommendations call for strengthening provisional measures and enhancing provisions on property management and on disposal of confiscated property.

• Institutional framework recommendations aim to effectively administer proceeds of crime legislation. This includes strengthening and rationalizing the institutional structure of law enforcement by adding POC to IP crimes. It also includes expanding training sessions for specialized investigators, policy and prosecutors and promoting cooperation between those involved in fighting against POC.

• International cooperation mechanisms are used for co-ordinating tracing, freezing and seizure, and confiscation proceedings at the international level. Crime operates without borders and requires international cooperation to facilitate mutual legal assistance in response to requests by foreign states and with appropriate international agencies like INTERPOL, CAIRN and FATF.

Read the full-set of UNICRI and BASCAP recommendations in the Confiscation of the Proceeds of IP Crime.

This report was made possible with the cooperation of the United Nations Interregional Crime and Justice Research Institute (UNICRI).