The direct recovery of assets (DRA) can be a powerful tool in retrieving funds and property misappropriated through corruption. Consistent with Article 53 of the United Nations Convention against Corruption (UNCAC),1 affected states can assert their rights through DRA by initiating civil litigation or intervening as civil claimants (parties civiles) in confiscation proceedings before foreign courts. Through civil litigation, states can establish title or ownership over proceeds of crime or pursue compensation or damages for harm caused by illegal acts. By intervening in confiscation proceedings—which may include criminal, non-conviction-based, or even administrative confiscation—states can seek recognition as legitimate owners of property acquired through corruption.
The Brazilian Attorney General's Office (Advocacia-Geral da União, AGU), in collaboration with the joint UNODC and the World Bank Stolen Asset Recovery (StAR) Initiative, conducted a survey within the G20 Anti-Corruption Working Group (ACWG) to gather insights from participating countries regarding their legal frameworks and practices related to DRA measures.