FATF 40 Recommendations
G. International cooperation (R.36 to R.40) – FATF 40 Recommendations

FATF 40 Recommendations R.38: Mutual legal assistance: freezing and confiscation

What does R.38 require?

Countries have measures, including legislative ones, to act expeditiously on foreign requests to identify, trace, evaluate, investigate, freeze, seize and confiscate criminal property and property of corresponding value, to recognise and enforce foreign freezing, seizing and confiscation orders, to manage property subject to confiscation at every stage of asset recovery and to share or return confiscated property, and have the widest possible range of treaties and arrangements for asset recovery cooperation; the Interpretive Note covers non-conviction-based confiscation requests and asset sharing.

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