About CARA

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

-         EU Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime

-         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

On March 30, 2017, the Parliament adopted Laws 48 and 49 on the establishment of the Criminal Assets Recovery Agency and the creation of the legal framework for conducting parallel financial investigations to recover criminal assets, interdepartmental and international cooperation, negotiate the repatriation of criminal assets, as well as seize, assess, administrate and estimate the value of criminal assets.

The creation and operation of the Criminal Assets Recovery Agency was dictated by the commitments made by the Republic of Moldova as within the framework of the Association Agreement with European Union, so in the commitments that derived from the international conventions: United Nation Convention Against Corruption, United Nations Convention Against Transnational Organized Crime.

By aligning the Republic of Moldova to the international standards in the field of criminal assets recovery, the aim was to strengthen the capacities and necessary instruments.

In the initial drafting of the Law no. 48 and art. 229-2 of the Code of Criminal Procedure, the Agency had the competence to conduct parallel financial investigations within the framework of the criminal investigation of corruption crimes, related crimes and money laundering, i.e. crimes related to the attributions of the criminal investigation body of the NAC and of the Anticorruption Prosecution Office.

Subsequently, by Law 261 of 07.12.2017 on the amendments and completion of some legislative acts (in force since 12.01.2018) the attributes of the CARA have been expanded, being completed with the exhaustive list of 54 profit-generating crimes, within which the Agency can conduct parallel financial investigations, including: corruption offences, drug trafficking, human trafficking, organized crime, tax evasion, smuggling, money laundering, etc.

Although the Law of the Criminal Assets Recovery Agency came in force on Mai 19, 2017, the first personnel of the Agency was hired between September and December 2017, when the public contest aimed at selecting the head of the Agency took place.  

Thus, at the beginning of 2018, 8 persons were employed within the CARA.  

Subsequently, on 29.03.2018 pursuant to the Parliament Decision no. 62, the maximum staff of the NAC was modified, and in the basis of the approval of the State Chancellery of 23.06.2018 of the new Structure of the Center, the personnel of the Agency was completed with 10 positions, filled only by October 2018, the period, when the Agency became functional in its present format.

On 19.12.2019 pursuant to the Parliament Decision no. 181 of 19.12.2019, the limit staff of the NAC was modified, as a result the staff of the Agency was completed with 17 positions.

Currently, 30 employees operate within the Agency (5 temporarily vacant positions).