Cooperation with the European Union

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The creation of the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes (hereinafter - ARMA) was one of the main criteria for Ukraine’s implementation of the EU Action Plan on visa liberalization for Ukraine.

In the fifth monitoring report of the EU on Ukraine’s implementation of the EU Action Plan on visa liberalization for Ukraine (08.05.2015) in point 2.3.1.3. of the Section “Prevention and Combating Corruption” Ukraine has charged to create a National Agency for the Tracing of Illegal Assets.

In the sixth monitoring report of the EU on the implementation by Ukraine of the EU Action Plan on visa liberalization for Ukraine (18.12.2015) in point 2.3.1.3. of the Section “Prevention and Combating Corruption” Ukraine has charged to provide institutional capacity for finding, tracing and managment illicit assets, to adopt relevant legislation and ensuring the full functionality of ARMA.

In order to find the optimal model for creating a body responsible for finding and managing illegally obtained assets, as well as to ensure effective cooperation with European criminal justice authorities, the Law of Ukraine “On the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes” was adopted in full compliance with:

-           The Decision of the Council of the European Union 2007/845/JHA from 06.12.2007, according to which similar recovery and asset management institutions are successfully operating in the EU Member States;

-           the EU Directive 2014/42/EU “On the freezing and confiscation of instrumentalities and proceeds of crime in the European Union” from 03.04.2014, which stipulates the need to take measures for the effective disposal of seized assets as well as the creation of special institutions, responsible for managing such assets in order to preserve it or preserve their value.

The Decision of the Council of the European Union 2007/845/JHA of 06 December 2007 on cooperation between the offices for the assets recovery in the field of tracing and finding of proceeds of crime or other property related to crimes, obliges the EU member states to establish offices for the tracing and recovery of assets, that may be seized in criminal proceedings (or provide similar powers to existing bodies), and also to ensure the exchange of information on such assets between EU member states.

Communication from the Commission to the European Parliament and the Council as of 20 November 2008 on improving the system of confiscation and recovery of criminal proceeds in the EU notes that asset recovery offices are an important tool in the fight against crime.

Therefore, in order to ensure the implementation of the Decision of the Council of the European Union 2007/845/JHA of 06 December 2007 and taking into account the recommendations of the European Commission, in 2009 an informal EU Asset Recovery Offices (ARO) Platform was launched. The Platform is designed to facilitate dialogue between EU Member States regarding the practical aspects of activities in the field of finding and tracing illegal assets, combating money laundering, new EU legislative initiatives, improving the system of information exchange between the asset recovery offices of the EU and third countries. The platform also includes subgroups on asset management and a subgroup on virtual currencies.

Today, ARMA is a partner of the EU asset recovery offices' platform and sub-group on asset recovery within the Platform, sub-group on currencies within the Platform that gives the opportunity to cooperate with similar bodies on asset recovery in EU state parties on the principle of reciprocity.

Representatives of ARMA participate in meetings of the Platform and Subgroups on an ongoing basis, which makes it possible to develop bilateral and multilateral cooperation with representatives of both the EU member states bodies authorized for the finding and management of assets and with representatives of EU institutions working in this area.

International technical assistance programs

One of the main activities of ARMA is to ensure cooperation with international, intergovernmental organizations, networks in the framework of finding, tracing and management of assets, exchange of experience and information on issues related to the finding, tracing and asset management.

Assistance in establishing such cooperation, as well as direct support in the institutional development of ARMA is provided within the frameworks of programs/projects of technical assistance that registered in Ukraine, international and foreign organizations, missions of foreign States, and EU bodies and institutions.