Swiss Review of International and European Law Logo Schulthess juristische Medien AG
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WTO-Recht und Regionale Integration (Nicolas F. Diebold & Anne-Cathrine Tanner)


The European Union (EU) must strengthen the applicable legal framework for the recovery of illicitly acquired assets and implement a robust “no safe haven” policy as far as the proceeds of corruption are concerned. A new EU instrument modeled on Swiss law (Loi sur les valeurs patrimoniales d'origine illicite, LVP) would be an effective tool in this context. Such an instrument could target assets owned by foreign politically exposed persons (PEPs), but it could go one step further by facilitating restitution of such assets. According to the Swiss model, a new EU instrument could also introduce a presumption of illicit origin of the assets, when specific conditions are fulfilled.