The Lausanne Process consists of seminars (Lausanne seminars) addressed to practitioners in the field of asset recovery. Switzerland has been hosting them regularly since 2001. Experience has shown that close cooperation between the countries involved, particularly at the judicial level, that is at the stage of mutual legal assistance, is of key importance for the successful restitution of such funds. The Lausanne seminars are intended to transfer practical knowledge and to help strengthen international cooperation and coordination between requesting and requested states.
Well firstly there needs to be the desire, both in terms of public consensus as well as at governmental level, though some could argue these should be one and the same in an ideal world. Subsequently, the rule of law underlines the principles of a democratic government and there is no scope, in most cases, to deviate from the law, however damning the circumstances might be.
Legal interpretation does not always have much in common with public perception that the government is not doing enough to combat corruption; the accused persons or entities are entitled to defend themselves and in a common law country, like Kenya, the burden of proof lies upon the prosecution to demonstrate guilt beyond all reasonable doubt.
Singapore demonstrates a strong anti-money laundering and counter financing of terrorism (AML/CFT) legislative framework but despite this, it shows significant weaknesses in its effective implementation, according to a recent review by the Financial Action Task Force.
This latest evaluation of Singapore is under a new evaluation methodology introduced by the FATF in 2012. So far around 20 countries have been evaluated by the international standard setter based on its new approach which moves away from an assessment of technical compliance, such as laws on the books, to the actual effectiveness of the laws.