Vol. 16, Issue 1, Jul-Dec 2023

Page: 31-39

Legal Methods for Recovering Smuggled Funds: A Comparative Study

Haider Hussein Na'ma Al-Jaafari, Ali Youssef Al-Shukri

Received Date: 2024-02-01

Accepted Date: 2024-03-04

Published Date: 2024-03-15

In this research, we found that the Iraqi legislation does not have any specific laws or legal texts that are part of an effective law that controls the procedures for asset recovery. Despite the obligations that the United Nations Convention against Corruption imposes on Iraq as a State Party, it involves taking legislative measures on this subject. The only exception to this is the indirect reference made by the Iraqi legislator to the issue of recovering smuggled funds from corruption that are only found within the jurisdiction. owing to the fact that the legislator in the Integrity Commission Law that is currently in effect has indicated in Article (10/seventh) that the Integrity Commission / Recovery Department should be granted the authority to collect monies of corruption that have departed from Iraq, in addition to its other capabilities. Nevertheless, the Commission has not devised any system to track down this money in order to assist in their recovery.

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