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The Council of Europe assessed the compliance of member countries with the Warsaw Convention
Baku/14.12.22/Turan: Most European states have adopted legislation or other measures to ensure the proper management of frozen or seized property, although improvements are still needed in some countries, the report of the Conference of the Parties of Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism - known as the “Warsaw Convention”. The report evaluates the extent to which 37 states parties comply with Article 6 of the treaty, which aims to ensure a systematic approach to the management of seized and frozen assets until the judicial authorities confirm the final confiscation order. Until then, seized, and frozen assets should be preserved and administered in a manner that their value does not, at least, decrease. This applies to tangible assets - such as cars, buildings, or precious metals - and intangible assets, such as intellectual property or virtual assets.
It aims to provide a systematic approach to the management of seized and frozen assets pending the approval by the judiciary of a final confiscation order.
Until a court decision, these assets must be preserved and managed in such a way that their value, at least, does not decrease. This applies to tangible assets such as cars, buildings or precious metals, and intangible assets such as intellectual property or virtual assets.
The report contains an overview of each State Party assessed and country-specific recommendations for addressing identified deficiencies.
Regarding Azerbaijan, it was noted that despite the application by Azerbaijan of some provisions regarding the management of frozen and seized assets, there are still some gaps in relation to the implementation of Article 6.
Therefore, the country is encouraged to continue to take steps towards full compliance with the requirements of Article 6 of the Warsaw Convention. (Article 6 Management of frozen or seized income or other property subject to confiscation. Each Party shall take legislative or other necessary measures to ensure the proper management of frozen or seized proceeds or other property subject to confiscation and instruments of crime in accordance with articles 4 and 5 of this Convention).-06d-
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