The article states “In 2018, the UK government adopted the “Compensation Principles”, which require law enforcement agencies, including the SFO, to identify overseas victims in all relevant corruption cases and to seek compensation for them using whatever legal mechanisms are available.” The “Compensation Principles” explain very clearly what their duties are:
General Principles to compensate overseas victims (including affected
States) in bribery, corruption and economic crime cases
Through application of the General Principles we aim to ensure that overseas victims
of bribery, corruption and economic crime, are able to benefit from asset recovery
proceedings and compensation orders made in England and Wales. Such victims
could include affected states, organisations and individuals.
The General Principles are as follows:
- The Serious Fraud Office (SFO), the Crown Prosecution Service (CPS) and
the National Crime Agency (NCA), hereafter referred to as “the Departments”
will consider the question of compensation in all relevant cases.
- If compensation is appropriate, the Departments will use whatever legal
mechanisms are available to secure it. These include:
a) In cases resolved by prosecution, the CPS and the SFO seeking
remedies available under:
i. The Proceeds of Crime Act 2002 for confiscation and
ii. The Powers of Criminal Courts (Sentencing) Act 2000 for
b) In cases resulting in a Deferred Prosecution Agreement (DPA), the SFO
and the CPS seeking compensation as part of the terms.
c) In cases disposed of civilly, the Departments seeking to return funds to
victims where appropriate.
- The Departments will work collaboratively with the Department for
International Department (DFID), Foreign and Commonwealth Office (FCO),
Home Office (HO) and HM Treasury (HMT) in relevant cases to:
• Identify who should be regarded as potential victims overseas. This may
be in the form of an affected state.
• Assess the case for compensation.
• Obtain evidence which may include statements in support of
• Ensure the process for the payment of compensation is transparent,
accountable and fair.
• Identify a suitable means by which compensation can be paid to avoid
the risk of further corruption.
- The Departments will develop and make available on their websites,
guidance on the implementation of these General Principles.
- Where possible, the Departments will engage proactively with the relevant
law enforcement or government officials in affected states.
- The Departments will publish information on concluded cases.