Publications
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La extinción de dominio desde sus principios
El Programa de la Gestión de Finanzas Públicas GFP Subnacional de la Cooperación Económica Suiza – SECO y el Basel Institute on Governance presentan la publicación académica: La extinción de dominio desde sus principios. Esta nueva edición ofrece una perspectiva jurídica rigurosa y actualizada sobre uno de los instrumentos más relevantes en la lucha contra el crimen organizado y la corrupción.
La extinción de dominio, regulada en el Perú por el Decreto Legislativo N.° 1373, se ha convertido en una herramienta clave para la recuperación de activos ilícitos. No obstante, su implementación ha generado debate sobre su compatibilidad con los principios del Estado constitucional de derecho. Esta publicación busca aportar a dicho debate, abordando los fundamentos jurídicos del decomiso sin condena y resaltando la importancia de su aplicación conforme a los valores democráticos y al debido proceso.
El volumen reúne los aportes de destacados especialistas que analizan, desde distintas aristas, los principales retos legales e interpretativos en torno a la extinción de dominio. Entre los temas tratados se incluyen los derechos en disputa dentro del proceso, la aplicación temporal de la norma, la protección del tercero, la autonomía frente a otras decisiones jurisdiccionales, la carga de la prueba, la cosa juzgada, el principio de prevalencia y los alcances de la publicidad y la reserva.
Con este aporte, el Programa GFP Subnacional reafirma su compromiso con el fortalecimiento de las capacidades institucionales y la promoción de una justicia más efectiva y transparente. La extinción de dominio desde sus principios está disponible en formato digital y de libre acceso.
Elaboración de contenidos: Jeampool Johnnatan Giampier Gonzales Córdova, Sergio Enrique Rodríguez Salinas, Sergio Jiménez Niño, Erick Vladimir Guimaray Mori, Joseph Celso Domínguez Miñano, Jhanira Yamali Morales Aniceto, Walther Javier Delgado Tovar, Deily Arlene Pereda Rodríguez.
English
This research paper covers the principles and practice of Extinción de dominio, Peru’s non-conviction based forfeiture law. It is a publication of the Subnational Public Finance Management Programme of the Swiss State Secretariat for Economic Affairs (SECO) – Economic Cooperation and Development division and the Basel Institute on Governance. It offers a rigorous and up-to-date legal perspective on one of the most important instruments in the fight against organised crime and corruption.
Extinción de dominio, a non-conviction based forfeiture law regulated in Peru by Legislative Decree No. 1373, has become a key tool for the recovery of illicit assets. However, its implementation has generated debate about its compatibility with the principles of the constitutional rule of law. This publication seeks to contribute to this debate by addressing the legal basis for non-conviction based forfeiture and highlighting the importance of its application in accordance with democratic values and due process.
The volume brings together contributions from leading experts who analyse, from different angles, the main legal and interpretative challenges surrounding the extinción de dominio law. Topics covered include the rights at stake in the process, the time-limited application of the rule, the protection of third parties, autonomy vis-à-vis other judicial decisions, the burden of proof, res judicata, the principle of prevalence, and issues around publicity and confidentiality.
With this contribution, the Basel Institute and Subnational PFM Programme reaffirm our commitment to strengthening institutional capacities and promoting more effective and transparent justice.
Authors: Jeampool Johnnatan Giampier Gonzales Córdova, Sergio Enrique Rodríguez Salinas, Sergio Jiménez Niño, Erick Vladimir Guimaray Mori, Joseph Celso Domínguez Miñano, Jhanira Yamali Morales Aniceto, Walther Javier Delgado Tovar, Deily Arlene Pereda Rodríguez.
Basel Institute newsletter - May 2025
The newsletter covers highlights at the Basel Institute in April 2025. It also features our latest news, blogs and other publications.
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When You Have Corrupt Friends Abroad: The Impact of Strategic Corruption on Sudan’s Democratic Collapse
A new peer-reviewed journal article looks into how corruption undermines democracies, with a specific focus on a context of weak governance.
Abstract
Much attention on strategic corruption has focused on how corruption can be weaponised to undermine democracy. This article takes a different angle, namely to understand this phenomenon from the perspective of the country that is the “target” of strategic corruption in a context of weak governance. The focus is on Sudan, where, in 2019, the civilian-military government led by Prime Minister Hamdok began an ambitious transition to democratic governance and adopting anti-corruption reforms, but this transition ended in 2023 with state collapse and conflict.
Using desk research and media analysis, the article explains the key points of contention among key actors and how external actors, through strategic corruption, became part of this story, ultimately helping to perpetuate the negative downward cycle.
Critically, rather than framing countries in the Global South as passive victims of strategic corruption, the analysis shows that political actors are active antagonists and, in their efforts to resist reform, build alliances with external actors who can help them achieve their goals. What is exchanged is access to valuable resources, which fuels corruption and undermines governance.
Suggested citation
Karar, H., & Kassa, S. (2025). When You Have Corrupt Friends Abroad: The Impact of Strategic Corruption on Sudan’s Democratic Collapse. Public Integrity, 1–14. https://doi.org/10.1080/10999922.2025.2494910
High-level Corruption: an Analysis of Schemes, Costs and of Policy Recommendations
Policy Brief of Project FALCON
Corruption affects communities worldwide. It undermines civil, political and economic rights, erodes trust in institutions and impedes economic progress. A new Policy Brief by the FALCON (Fight Against Large-scale Corruption and Organised Crime Networks) project unveils new insights in the fight against high-level corruption.
It provides an in-depth examination of corruption schemes and their societal impacts, alongside actionable policy recommendations to enhance anti-corruption efforts across Europe. The analysis offers valuable resources for policymakers, law enforcement and legal professionals.
Within the FALCON project, the findings in the Policy Brief are being used to develop data-driven tools that enhance the analysis of corruption and help combat it more effectively.
The Basel Institute on Governance is an associated partner of the FALCON project. Claudia Baez Camargo and Jacopo Costa have contributed to the Policy Brief, covering the aspect of border corruption specifically and providing the policy recommendations for all four corruption domains analysed by FALCON.
FALCON is funded under the Horizon Europe Framework Program Grant Agreement ID 101121281. The Basel Institute on Governance receives funding from the Swiss State Secretariat for Education, Research and Innovation (SERI).
Quick Guide 40: Financial investigations in a cash economy
Despite the increasing use of digital payment methods, cash is still king in many economies – including criminal economies. It remains the most-used payment option across Africa, the Middle East and Latin America, and accounted for over USD 7.6 trillion in consumer expenditures throughout 2022.
That’s a challenge when investigating financial crimes. How can you “follow the money” without records of bank transfers, debit or credit card payments, or digital wallet transactions?
This Quick Guide explains the specific challenges involved in conducting financial investigations in a cash economy. It outlines how law enforcement can use traditional investigative methods to successfully uncover the financial affairs of a suspect.
About this Quick Guide
You are free to share and republish this work under a Creative Commons BY-NC-ND 4.0 Licence. It is part of the Basel Institute on Governance Quick Guide series, ISSN 2673-5229.
Basel Institute newsletter - April 2025
The newsletter covers highlights at the Basel Institute in March 2025. It also features our latest news, blogs and other publications.
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Progress in Ukraine’s anti-corruption efforts - March 2025 update
This document takes stock of recent progress (June 2024 to February 2025) in strengthening Ukraine’s anti-corruption ecosystem. It is published ahead of the Global Anti-Corruption and Integrity Forum, hosted by the OECD in Paris in March 2025.
Despite the turbulent geopolitical context and the drastic reduction of US government assistance, Ukraine has maintained a strong commitment to anti-corruption efforts. This report highlights key developments, including:
- impressive enforcement achievements;
- the development of Ukraine’s new Anti-Corruption Strategy;
- slow progress in delineating the functions of the Accounting Chamber and the State Audit Service;
- tools that could be utilised more fully to raise resources for the state; and
- promising draft legislative reforms regarding Ukraine’s Asset Recovery and Management Agency.
This document is a joint publication of Transparency International Ukraine and the Basel Institute on Governance.
Disclaimer: This publication has been produced with the support of Switzerland. The contents of this publication are the sole responsibility of the Basel Institute on Governance and TI Ukraine and do not necessarily reflect the views of the development partner.
Working Paper 56: Anti-corruption Collective Action: A typology for a new era
Since its first use by the World Bank in 2008, the concept of “anti-corruption Collective Action” has evolved into a well-established best practice to prevent corruption and strengthen business integrity.
This paper captures the specific characteristics of anti-corruption Collective Action that have emerged over time and translates them into an easy-to-grasp typology that reflects both the variety and unifying principles that make up the Collective Action ecosystem. It aims to:
- spark new impetus for engagement;
- open the concept to new stakeholders, topics and environments; and
- support existing initiatives in developing their long-term visions and aims.
In addition to supporting practitioners, updating the typology will also help strengthen the case for Collective Action as a normative corruption prevention practice.
About this report
The paper is published as part of the Basel Institute on Governance Working Paper series, ISSN: 2624-9650. You may share or republish it under a Creative Commons BY-NC-ND 4.0 International Licence.
The contents are the sole responsibility of the author and do not necessarily reflect the official position of the Basel Institute on Governance, its donors and partners, or the University of Basel.
Suggested citation: Wannenwetsch, Scarlet. 2025. ‘Anti-corruption Collective Action: A typology for a new era.’ Working Paper 56, Basel Institute on Governance. Available at: baselgovernance.org/publications/wp-56.
Quick Guide 39: Business integrity and ethics
The changing landscape of anti-corruption regulation and enforcement has triggered important discussions around the role of ethics and compliance in business strategies and in the economy as a whole. It has also given impetus to the narrative that anti-corruption compliance programmes are inevitably costly, potentially ineffective and bureaucratic.
This ignores many of the positive advances in compliance that have been made in recent years, as well as the growing body of evidence supporting the business case for compliance.
This Quick Guide covers five broad areas in which mature and well-constructed ethics and compliance systems can benefit businesses even in the face of an uncertain regulatory and enforcement framework. It is based on a roundtable convened by the Basel Institute on Governance and bilateral discussions with key figures in the business and anti-corruption community.
About this Quick Guide
You are free to share and republish this work under a Creative Commons BY-NC-ND 4.0 Licence. It is part of the Basel Institute on Governance Quick Guide series, ISSN 2673-5229.
Companies’ assessments of anti-corruption compliance
In the last decade, companies around the globe have significantly invested in the development of anti-corruption compliance programmes. Assessing the effectiveness of these programmes has proven challenging and requires that companies go beyond a box-checking approach, set clear objectives, measure progress and impact and foster a culture of integrity.
This paper published by the OECD aims to support companies in their assessment efforts by taking stock of methodologies and tools − such as key performance indicators, culture surveys, data analytics, audits and peer learning − that companies use to assess and enhance the effectiveness of their anti-corruption programmes.
Drawing on desk research and data collected by the OECD and the Basel Institute on Governance including in months of consultations with the private sector, this paper contributes to promoting strong anti-corruption norms and standards within the public and private sector.
Corruption risks in the forestry sector in Ukraine
This report identifies the most widespread corruption risks affecting Ukraine’s forestry sector and the state-owned enterprise Forests of Ukraine. It also formulates recommendations to mitigate the key risks.
It is based on a comprehensive analysis of corruption risks in the forestry sector conducted by experts from the National Agency on Corruption Prevention, together with the Specialized Environmental Prosecutor’s Office of the Prosecutor General’s Office, the Basel Institute on Governance and WWF Ukraine.
The complete report is available in Ukrainian and the summary in English (forthcoming).
About this report and acknowledgments
This publication has been made possible with the support of Switzerland through the Swiss Agency for Development and Cooperation of the Federal Department of Foreign Affairs.
The contents of this publication are the sole responsibility of the authors and do not necessarily reflect the official position of the Basel Institute on Governance, its donors and partners, or the University of Basel
Basel Institute newsletter - February 2025
The newsletter covers highlights at the Basel Institute in February 2025. It also features our latest news, blogs and other publications.
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Quick Guide 38: Border corruption
Border corruption – defined simply as an illegal exchange between border officials and private actors – is a complex phenomenon with serious impacts on safety, health and security. And stopping it isn’t as easy as just stepping up enforcement.
This Quick Guide covers the what, who and why of border corruption. It is based on deep research for the EU-funded FALCON project. More such research is needed to help design effective strategies to prevent corruption from undermining border security.
About this Quick Guide
You are free to share and republish this work under a Creative Commons BY-NC-ND 4.0 Licence. It is part of the Basel Institute on Governance Quick Guide series, ISSN 2673-5229.
Working Paper 55: Compensating the victims of foreign bribery: UK legislation, practice and recommended reforms
The UK is a global leader in its efforts to target foreign bribery. It is one of the only countries worldwide to use negotiated settlements such as deferred prosecution agreements (DPAs) to resolve cases and extract penalties from corporations that commit corruption abroad. The UK has also laudably committed to using the proceeds of DPAs in foreign bribery cases to compensate the victims of corruption, particularly in countries that suffer its worst effects.
This paper explores why the UK’s policy of compensating the victims of foreign bribery is not achieving its intended results in practice, and proposes realistic suggestions for improvement to the extant DPA regime.
It examines the conceptual, practical and political difficulties inherent in this undertaking, shining a light on how victim compensation operates in the UK and analysing judicial decisions on this issue. Finally, the paper proposes reform recommendations to strengthen the DPA regime to ensure appropriate compensation is made in foreign bribery settlements.
About this report
The paper is published as part of the Basel Institute on Governance Working Paper series, ISSN: 2624-9650. You may share or republish it under a Creative Commons BY-NC-ND 4.0 International Licence.
The paper is intended for general informational purposes and does not constitute and/or substitute legal or other professional advice. The contents are the sole responsibility of the author and do not necessarily reflect the official position of the Basel Institute on Governance, its donors and partners, or the University of Basel.
Suggested citation: Hickey, Sam. 2025. ‘Compensating the victims of foreign bribery: UK legislation, practice and recommended reforms.’ Working Paper 55, Basel Institute on Governance. Available at: baselgovernance.org/publications/wp-55.
A version of this paper is also published by the Transnational Criminal Law Review.
Quick Guide 37: Strategic corruption
This quick guide is the second in a two-part series on the tangible yet under-addressed impacts of corruption on security and the complex power dynamics at play.
This second guide goes deeper into a specific security threat: when states use corruption to gain power and influence over other states and even as a geopolitical tool.
It looks at common features characterising strategic corruption cases, explores what is strategic about it and what this means for governance and security. It highlights the usefulness of “strategic corruption” as an analytical concept, but also urges caution in using it to guide domestic security or foreign policy decisions, or approaches to countering corruption.
About this Quick Guide
You are free to share and republish this work under a Creative Commons BY-NC-ND 4.0 Licence. It is part of the Basel Institute on Governance Quick Guide series, ISSN 2673-5229.
Quick Guide 36: Corruption and security
How does corruption threaten national and international security, both directly and indirectly? Can viewing it through the lens of power offer deeper insights? And what might we achieve by framing corruption as a security concern?
This quick guide gives a short introduction to this complex issue as part of a two-part series on corruption, security and strategic corruption.
About this Quick Guide
You are free to share and republish this work under a Creative Commons BY-NC-ND 4.0 Licence. It is part of the Basel Institute on Governance Quick Guide series, ISSN 2673-5229.
Basel Institute newsletter - January 2025
The newsletter covers highlights at the Basel Institute from December 2024 to January 2025. It also features our latest news, blogs and other publications. We take this chance to welcome four new staff members to the team.
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Quick Guide 35: Sexual corruption
Sexual corruption is a serious and under-recognised form of both corruption and sexual abuse. A particularly harmful form of corruption, it is difficult to measure and prosecute, and can have devastating physical and psychological impacts on survivors/victims.
As it disproportionately affects women and marginalised groups, sexual corruption has an important impact on the advancement of gender equality and minority rights.
This Quick Guide explains the basics of sexual corruption: what it is, its prevalence and why it persists. It takes a brief look at strategies to combat sexual corruption, with a focus on challenging the underlying social norms that help to sustain it.
About this Quick Guide
You are free to share and republish this work under a Creative Commons BY-NC-ND 4.0 Licence. It is part of the Basel Institute on Governance Quick Guide series, ISSN 2673-5229.
Policy Brief 14: Cibler la fortune inexpliquée : Implications de la Directive de l’UE de 2024 relative au recouvrement d'avoirs
La Directive de l’Union européenne de 2024 relative au recouvrement et à la confiscation d’avoirs oblige les États membres, entre autres, à adopter des mesures législatives pour permettre la confiscation de la « fortune inexpliquée ».
Cette Note de politique examine l’article 16 de la Directive qui énonce cette obligation, ainsi que les pouvoirs et restrictions que les États membres devront inclure dans les mesures relatives à la « fortune inexpliquée » pour garantir la conformité à la Directive.
En bref, cela démontre la grande flexibilité accordée par le texte de la Directive aux États membres pour déterminer le champ d’application de leurs propres mesures en matière de fortune inexpliquée. Au minimum, les États seront requis d’introduire des mesures susceptibles d’être utilisées pour cibler la fortune inexpliquée liée au crime organisé.
Cependant, les États membres peuvent toujours décider d’introduire des mesures de plus grande portée ciblant la fortune inexpliquée liée à toutes les activités criminelles, y compris la corruption.
À propos de cette Note de politique
La présente publication fait partie de la série de Notes de politique (Policy Briefs) du Basel Institute on Governance, ISSN 2624-9669. Elle est sous licence Creative Commons Attribution BY-NC-ND 4.0 Licence internationale.
Citation proposée : Dornbierer, Andrew. 2024. « Cibler la fortune inexpliquée : Implications de la Directive de l’UE de 2024 relative au recouvrement d’avoirs. » Note de politique 14, Basel Institute on Governance. Disponible sur: baselgovernance.org/pb-14-fr.
Il s’agit d’une publication de l’International Centre for Asset Recovery (ICAR) au Basel Institute on Governance. ICAR reçoit un financement principal des gouvernements de Jersey, du Liechtenstein, de la Norvège, de la Suisse et du Royaume-Uni.
Addressing Bribery and Associated Social Norms in Healthcare: Results of a Behaviour Change Intervention in Tanzania
This open-access, peer-reviewed journal article examines the results of a pilot behavioural intervention in Tanzania. The project tested a behavioural anti-corruption intervention to reduce bribery in a hospital. It targeted deeply ingrained social norms while also leveraging the social networks and influence of key staff members.
The research was funded by the Global Integrity Anti-Corruption Evidence Programme of the UK Foreign Commonwealth and Development Office (FCDO). It was a collaboration between the Basel Institute on Governance, the UK Behavioural Insights Team, the University of Dar es Salam and the University of Utrecht.
Abstract
Practices of bribery in the delivery of public services become entrenched when they are driven by social norms of reciprocity.
The resulting economies of favours, which are common across diverse geographical regions, are resilient to conventional anti-corruption measures because they are underpinned by strong social pressures.
This article describes the results of a behaviour change intervention to address gift-giving as a form of bribery in a Tanzanian hospital. The intervention utilised environmental cues and a peer-led network approach to deliver messages aimed at disincentivising bribery.
An exit survey of hospital users indicates a reduction of the ‘gift-offering propensity score’, capturing self-declared behaviour, from 23% before implementation of the intervention to 13% afterwards. We find similar changes in the enabling norms score.
Semi-structured interviews with hospital users and health workers further support these findings.
These results suggest that practices and norms around bribery might be changed through a multi-pronged approach that addresses both the ‘supply’ and ‘demand’ side of bribery.
The James Stone case: Peru’s fight to recover assets (The Academy Bulletin)
In an article published in the Fall 2024 issue of the Bulletin of the International Academy of Financial Crime Litigators, Oscar Solórzano describes an asset recovery case between Peru and Luxembourg involving a businessman named James Stone.
It provides insight into some of the challenges that some States face in recovering proceeds of corruption from international financial centres, despite the binding rules and soft laws adopted in recent years. It looks at both the mutual legal assistance (MLA) process and the legal defences raised by the account holder – who admitted to the corrupt dealings and has since fled to the United States.
The case offers important lessons for States either holding or seeking to recover assets linked to historical acts of corruption.
This is the fourth issue of The Academy’s Bulletin. It has been established to transmit the work of Academy Fellows, draw attention to matters of importance to the legal community and provide high-level analysis of cutting-edge issues in global financial crime investigations and litigation. The Basel Institute on Governance acts as Secretariat to the Academy.
Basel AML Index 2024
This is the 13th annual Public Edition report of the Basel AML Index, an independent, data-based ranking and risk assessment tool for money laundering and related financial crime risks around the world.
The Basel AML Index provides risk scores for countries and jurisdictions based on data from 17 publicly available sources such as the Financial Action Task Force (FATF), Transparency International and the Global Initiative against Transnational Organized Crime. The risk scores cover five domains considered to contribute to a high money laundering risk:
- Quality of AML/CFT/CPF framework
- Corruption and fraud risks
- Financial transparency and standards
- Public transparency and accountability
- Legal and political risks
The Basel AML Index is developed and maintained by the Basel Institute on Governance through its International Centre for Asset Recovery (ICAR). ICAR receives core funding from the Governments of Jersey, Liechtenstein, Norway, Switzerland and the UK.
Putting business integrity on the global agenda: Report from the 5th International Collective Action Conference
The 5th International Collective Action Conference represented another significant milestone in the development of responsible and ethical business practices through anti-corruption Collective Action.
The conference, hosted by the Basel Institute with the support of the Siemens Integrity Initiative, took place on 24 and 25 June 2024 in Basel, Switzerland. This short conference report presents main insights, quotes as well as infographics and graphic recordings from the two-day event, which welcomed around 200 people from around the world and across all sectors.
A key theme of this year’s conference was the importance of building local, regional and international communities of practice. These communities bring together different constellations of people and organisations interested in the Collective Action approach to improve skills, develop joint solutions and advance knowledge about how to make initiatives effective in different contexts.
Five panel discussions, three interactive breakout sessions and multiple networking opportunities, including an exhibition, offered many occasions for sharing experiences and best practices in anti-corruption Collective Action and breaking down silos.
About this report and acknowledgements
The Basel Institute on Governance thanks the Siemens Integrity Initiative for supporting and providing funding for the conference’s 5th edition, as well as all speakers and breakout session facilitating organisations. The full list of presenters and sessions can be found on conference pages of the B20 Collective Action Hub.
Graphic recording illustrations: Tetyana Kalyuzhna, Basel Institute on Governance. Photo and video credit: David Borter, LEO MEDIA GmbH / BBM PRODUCTIONS AG.
The report is free to share or republish under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence (CC BY-NC-ND 4.0). Please credit the Basel Institute on Governance and link to: https://collective-action.com.
Quick Guide 34: Public-private partnerships for financial intelligence sharing
Financial intelligence is the staple food of investigations into corruption, money laundering and other financial crimes.
Much financial intelligence is held by private-sector institutions such as banks and other financial service providers. How does that get into the hands of law enforcement, where it can trigger or inform investigations? And how can we improve the system?
This Quick Guide gives a brief introduction to public-private partnerships or platforms for financial intelligence sharing. It sets out how they work in practice, and how they can improve the sharing of targeted, useful information between law enforcement and financial institutions.
About this Quick Guide
You are free to share and republish this work under a Creative Commons BY-NC-ND 4.0 Licence. It is part of the Basel Institute on Governance Quick Guide series, ISSN 2673-5229.
Basel Institute newsletter - November 2024
The newsletter covers highlights at the Basel Institute from early October 2024 to late November 2024. It also features our latest news, blogs and other publications. We take this chance to welcome three new staff members to the team.
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