ARINSA Manual

ASSET RECOVERY INTER-AGENCY

NETWORK FOR SOUTHERN AFRICA

(ARINSA)

MANUAL

The History, Statement of Intent, Membership and Functioning of ARINSA.

CONTENTS

Foreword

3

1.

The History of ARINSA

5

2.

Statement of Intent

6

2.1

Introduction

6

2.2

Aim

6

2.3

Key Objectives

6

3.

Membership and Functioning of ARINSA Network

7

3.1

Membership

7

3.1.1

Member Status

6

3.1.2

Observer Status

7

3.2

Membership Criteria

7

3.2.1

Criteria to be fulfilled by Members and Observers

7

3.3

What does Commitment to ARINSA mean?

8

3.3.1

For Members and Observers

8

3.4

Functioning of ARINSA

8

3.4.1

General

8

3.4.2

Steering Group

8

3.4.3

The Presidency

9

3.4.4

The Secretariat

10

Annex

The ARINSA Members

13


The History of ARINSA

In October 2002 a conference was held in Dublin, Ireland. The conference was attended by representatives of all member states of the European Union. Workshops were held between practitioners and the objective was to present recommendations dealing with the subject of identifying, tracing and seizing the profits of crime.

One of the main issues arising from the workshops was to look at the establishment of an informal network of contacts and a cooperative group in the area of criminal asset identification and recovery.

The Camden Asset Recovery Inter-Agency Network (CARIN)[1] was officially formed at a Congress in The Hague on 22-23 September 2004.

On 23 and 24 March 2009, practitioners in asset recovery held a meeting in Pretoria, South Africa.It was agreed that a network based upon the CARIN model should be established for Southern Africa. As a result of that meeting the Asset Recovery Inter-Agency Network for Southern Africa (ARINSA) was established. The ARINSA Network has a permanent secretariat in the Asset Forfeiture Unit of the National Prosecuting Authority in Pretoria, South Africa.

The following states were present at the launch:

Botswana

Lesotho

Mauritius

Namibia

South Africa

Swaziland

Tanzania

Zambia

Zimbabwe

Malawi subsequently joined ARINSA as a permanent member.

Statement of Intent

Introduction

ARINSA is an informal network of contacts and a cooperative group in all aspects of tackling the proceeds of crime.

Aim

The aim of ARINSA is to increase the effectiveness of members' efforts, on a multi-agency basis, in depriving criminals of their illicit profits.

Key Objectives

In seeking to meet its aim ARINSA will:

·establish a network of contact points;

·focus on the proceeds of all crimes, within the scope of international obligations;

·establish itself as a centre of expertise on all aspects of tackling the proceeds of crime;

·promote the exchange of information and good practice;

·undertake to make recommendations to bodies such as the African Union, the Southern African Development Community and others, relating to all aspects of tackling the proceeds of crime;

·act as an advisory group to other appropriate authorities;

·facilitate, where possible, training in all aspects of tackling the proceeds of crime;

·emphasise the importance of cooperation with the private sector in achieving its aim;

·encourage members to establish national asset forfeiture units;

·encourage members to establish national asset management plans;

·encourage members to establish asset forfeiture funds.

Membership and Functioning of the ARINSA Network

Membership

Member Status

Member Status is open to any African Member State.Each Member state may nominate two representatives, one from a Law Enforcement Agency and one from a Judicial Authority to be their ARINSA contacts. Asset Forfeiture Units may represent law enforcement or the judiciary.

Observer Status

Observer status will be available to states and jurisdictions that do not qualify for Member status, and non-private bodies concerned with the identification and confiscation of the proceeds of crime. Each Observer member may nominate two representatives to be the network contacts. Country or jurisdiction Observers may nominate one from a Law Enforcement Agency and one from a Judicial Authority to be their ARINSA contacts. Asset Forfeiture Units may represent law enforcement or the judiciary. Observer status does not entitle the member to a vote at any plenary meeting or to membership of the Steering Group.

Membership Criteria

Criteria to be fulfilled by Members and Observers:

a) they should provide the network with clearly identified national contact point(s). The number of contact points should be the minimum necessary for effective operation of the network. It is recommended that no more than two national contact points are nominated. One contact point should be the central office involved in asset tracing and forfeiture/confiscation. If not the central asset recovery office, this point of contact must have direct access to practitioners in this area;

b) they will supply an outline and summary of their legislation and practical procedural guidelines relating to asset forfeiture/confiscation, civil and criminal, for information sharing with other Members and, Observers and for inclusion on the ARINSA website;

c) to undertake to meet the objectives and functions as set out in the Statement of Intent.

What does Commitment to ARINSA mean?

For Members and Observers:

a) as an informal practitioners network, they may facilitate the exchangeof information with other ARINSA Member and Observer status contacts, within available national, African and international legal frameworks;

b) they should advise on and facilitate mutual legal assistance. Mutual legal assistance requests must be made through the appropriate formal legal channels;

c) they should share good practice, knowledge and experiences, on their own initiative, and should provide feedback to assist in research and development;

d) they should raise awareness with appropriate law enforcement and judicial authorities on the importance of developing all aspects of tackling the proceeds of crime and the dissemination of information;

e) they will fund their own costs and expenses, other than when external funding is available.

Functioning of the ARINSA Network

General

a) ARINSA's working language will be English.

b) ARINSA will hold an Annual General Meeting (AGM), of its Members and Observers, to be hosted by the nominated Presidency. Associate members may be invited to the AGM by the hosts. The Presidency will be both President of the Steering Group and the Plenary, for their one year term, running from 1 January.

c) Each Member shall have one vote in plenary. Decisions will be made on the basis of simple majority.

d) There will be a website designated for ARINSA hosted by ARINSA Secretariat and administered by the Secretariat.

e) The details of all ARINSA Associate members will be entered onto the ARINSA contacts list, which is circulated to Members and Observers. ARINSA Associates can interact with Members and Observers via the Secretariat.

Steering Group

a) ARINSA will have a Steering Group comprising of up to six Members from which one Member will be elected President. The Steering Group period will run from 1 January each year and conclude on 31 December to allow for planning of the AGM.

b) Membership of the Steering Group will rotate periodically with one Member offering to stand down each year to enable other Members to join the Steering Group. If the number of candidates exceeds the number of vacancies there will be a vote of all Members.

c) The Steering Group will oversee the administration of the network.

d) Following nominations from a Member or Observer, the Steering Group will receive applications for Member, Observer and Associate status and will decide if the application meets the eligibility criteria.

e) CARIN will have permanent Observer status in the Steering Group.

f) The Steering Group may establish working groups to examine and report on legal and practical issues.

g) The Steering Group will assist in the preparation of the annual conference agenda and will identify areas for consideration at plenary.

h) The Steering Group will promote ARINSA and the ARINSA concept in meetings, conferences and other events.

i) The Steering Group will be responsible for revising the ARINSA Manual following suggestions from and consultation with ARINSA Members.

The Presidency

a) The Steering Group will elect the Presidency.

b) Each Presidency will be elected at least two years in advance.

c) A Steering Group representative will hold the Presidency for a period of (1) one year.

d) The Presidency period will commence on 1 January each year and conclude on 31 December to allow for planning of the AGM.

e) The Presidency will oversee the external communication on behalf of the Network.

f) The Presidency and Steering Group in cooperation with the Secretariat will oversee the preparation of a summary on the activities of ARINSA for the year.

The Secretariat

a) The Asset Forfeiture Unit at the National Prosecuting Authority in South Africa will provide a permanent Secretariat function[2]. The Secretariat will be located on the premises of the NPA and the staff of the Secretariat will be part of the NPA staff. The Secretariat may draw on the administrative resources of NPA as is necessary for the performance of its tasks.

b) As the administrating unit of ARINSA, the Secretariat will provide the necessary professional experience, history and continuity for the network to function effectively.

c) The Secretariat will provide effective administrative support to the ARINSA Members, Observers and Associates, thus allowing them to undertake to meet the objectives and functions as set out in the Statement of Intent.

d) The Secretariat will support and facilitate the Presidency and the Steering Group and manage the ARINSA web site.

e) The Secretariat will maintain the ARINSA Contacts list.

f) The Secretariat will draft documents related to ARINSA activities, and prepare action plans to implement ARINSA outcomes and recommendations.

g) The Secretariat will keep an up to date record of projects and decisions taken.

h) The Secretariat will provide support to ARINSA meeting hosts in relation to the organisation of Steering Group, Plenary and sub-working group meetings.

i) The Secretariat will establish and maintain relations with other bodies and structures in the field of asset recovery.

j) The Secretariat will promote ARINSA, and the ARINSA concept, in meetings, conferences and other events.

k) The Secretariat will facilitate initial contact between ARINSA Members, Observers and Associates and other CARIN style networks such as ARINSA (Asset Recovery Inter-Agency Network Southern Africa) and RRAG (Rede de Recuperacion de Activos de GAFISUD - Latin American Asset Recovery Network). Operational data will be exchanged between ARINSA Members and Observers, and other ARINSA Style networks within the international legal frameworks available.


Annex I

February 2014

ARINSA Members

Countries, States, Jurisdictions, Principalities and Organisations

Country, Jurisdiction or Organisation

Membership Status

ARIN-AP (Asset Recovery Inter-agency Network Asia Pacific)

Observer Status

South Africa

Member Status

Botswana

Member Status

Lesotho

Member Status

Malawi

Member Status

Mauritius

Member Status

Namibia

Member Status

Swaziland

Member Status

Tanzania

Member Status

Zambia

Member Status

Zimbabwe

Member Status

United Nations Office of Drugs and Crime

Observer Status

World Bank

Observer Status



[1] The name Camden refers to the Camden Court Hotel in Dublin, Ireland where the network was first discussed.

[2] The ARINSA Secretariat can be contacted at communication@npa.gov.za

Last modified: Tuesday, 13 October 2015, 12:09 PM