Afghanistan Revises Asset Forfeiture Laws to Enhance International Cooperation

Streamlining the Process of Returning Seized Funds and Properties

In a landmark move, Afghanistan has revised its asset forfeiture laws to strengthen international cooperation in combating crime and terrorism. The new regulations aim to simplify the process of returning seized funds and properties to foreign countries.

Key Provisions of the Revised Law

• When an individual is extradited to a foreign country, any assets derived from criminal activity committed within Afghan territory will be handed over to the requesting nation.
• If extradition fails, but there is a valid agreement or convention in place, the proceeds of crime can still be seized and transferred to the foreign country.
• In cases where the accused is not extradited, but the crime was committed in Afghanistan, the Afghan government will have temporary custody of assets until they are delivered to the requesting nation.

Returning Seized Assets to Afghanistan

The new law outlines a clear process for returning seized assets to Afghanistan. If there is a legal requirement or third-party right to do so:

• The foreign country must return the seized assets after completing criminal proceedings.
• All expenses associated with their delivery will be borne by the foreign country.

Commitment to International Cooperation

This move reflects Afghanistan’s commitment to international cooperation in the fight against transnational crime and terrorism. The Rome Statute, which sets out the International Criminal Court’s jurisdiction and procedures, emphasizes the importance of states cooperating to identify, trace, freeze or seize proceeds, property and assets related to criminal activity.

Strengthening Anti-Crime Efforts

The revised asset forfeiture law is seen as a significant step forward in strengthening Afghanistan’s anti-crime efforts and enhancing its relations with foreign countries. It demonstrates the country’s willingness to work together with international partners to disrupt criminal networks and bring perpetrators to justice.