The Criminal Assets Recovery Agency is an autonomous specialized subdivision under the National Anticorruption Center.
National legal framework:
- Law no. 48 of 30.03.2017 on Criminal Assets Recovery Agency (came in force from 19.05.2017)
- Code of Criminal Procedure, with subsequent amendments
- Law no. 49 of 30.03.2017 on the completion of legislative acts (came in force 19.05.2017)
- Law no. 261 of 07.12.2017 on the amendments and completion of legislative acts (came in force 12.01.2018)
- Law no. 179 of 26.07.2018 on the amendments and completion of legislative acts
- Government Decision no. 684 of 11.07.2018 on the approval of the Regulation on assessing, managing and estimating the value of (seized) criminal assets (came in force 12.10.2018)
International legal framework
- UN Convention Against Corruption, adopted on 31.10.2003 (Chapter V Asset Recovery)
- UN Convention Against Transitional Organized Crime, adopted on 15.11.2000
- Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime
Attributions of the Agency:
- Conducting parallel financial investigations and drawing up minutes of the results, as well as seizing criminal assets under the Code of Criminal Procedure
- Evaluating, managing and estimating the value of seized criminal assets
- Keeping records of seized criminal assets, including on the basis of the request from foreign competent authorities
- Negotiating repatriation of criminal assets, under the terms of art. 13 par. (2)
- International cooperation and exchange of information with foreign competent authorities
- Collection and analysis of statistical data regarding the offences provided for in this law
- Representing state interests and legal persons of public law in civil lawsuits of criminal assets recovery, as well as compensation for damage caused by breaking the legislation of the Republic of Moldova and other states
- Cooperation with public authorities that exercise the relevant attributions for the activity carried out by the Criminal Assets Recovery Agency
- Supporting, in accordance with the rule of law, judicial bodies for the use of the best practices in the matter of identification and management of assets that can be the object of the measures of seizing and confiscating within the criminal proceedings.
Rights of the Agency:
- To request and receive necessary information and documents to exercise its attributions from national and international entities (hereinafter – providers of relevant data) “information (documents, materials, etc.) transmitted for the activity of the Criminal Assets Recovery Agency by the providers of relevant data, criminal prosecution bodies, prosecution bodies, courts or other competent authorities, for the purpose stipulated by Law no. 48/2017, does not constitute disclosure of commercial, banking, professional or personal data.” (art. 14 par. 1/1)
- To decide the freezing of identified criminal assets, in accordance with the provisions of art.10 (2)
- To access free of charge the national database in the carried-out activity
- To carry out the attributions, to bring civil actions in the interests of the state, of the legal persons of public law.
Duties of the Agency
- To provide the competent national, foreign, international authorities, where appropriate, with information and acts confirming reasonable suspicion of the commission of offences and criminal assets in connection to these offences
- To approve guides and methodologies
Organizational Structure of the Agency:
- Financial Investigations Directorate (conducting parallel financial investigations; seizing criminal assets under the Code of Criminal Procedure)
- Special Investigations Directorate (conducting special investigative measures aimed at identifying criminal assets)
- Informational Systems and Analysis Directorate (carrying out exchange of information with the competent international authorities; performing financial analysis of the subjects of parallel financial investigations; keeping record of seized assets)
- International Cooperation, Secretariat and Archive Unit (conducting international cooperation with similar authorities abroad; negotiating the repatriation of criminal assets, ensuring the record of secretariat work and archive)
- Directorate for Evaluation, Management and Disposal of Criminal Assets (evaluating the financial profile, assessing and managing criminal assets; ensuring the estimation of value of criminal assets)
Contact information:
Head of the CARA: Serghei Carapunarlî 257 429
e-mail: arbi@cna.md