A/HRC/RES/40/4
6.
Urges requested States to ensure the prompt and unconditional repatriation of
funds of illicit origin to the countries of origin, and to actively participate in adopting a
renewed, decisive and proactive commitment to tackle the phenomenon of illicit financial
flows and their ensuing negative impact on human rights and the right to development, and
to take urgent action to push forward the procedures aimed at the recovery of stolen assets;
7.
Encourages requested States parties to the United Nations Convention
against Corruption to respond to requests for assistance and to adopt such measures as may
be necessary to enable them to provide a wider scope of assistance, pursuant to article 46 of
the said Convention, in the absence of dual criminality;
8.
Asserts the urgent need to return the proceeds of crime to the requesting
countries without conditionalities, in accordance with the United Nations Convention
against Corruption and with due process, to strive to eliminate safe havens that create
incentives for transfer abroad of stolen assets and illicit financial flows and to strengthen
regulatory frameworks at all levels;
9.
Calls upon all States to consider enacting legislation to address offences by
business enterprises, including multinational corporations, that deprive Governments of
legitimate domestic sources of revenue for the implementation of their development
agendas, in compliance with their international obligations, including international human
rights law;
10.
Underlines that there is also a corporate responsibility to comply with and
respect all applicable laws and human rights, and a need for greater access to effective
remedies by victims in order to realize effective prevention of and remedy for businessrelated human rights harm, as set out in the Guiding Principles on Business and Human
Rights;
11.
Calls upon all States to seek to reduce opportunities for tax avoidance, to
consider inserting anti-abuse clauses in all tax treaties and to enhance disclosure practices
and transparency in both source and destination countries, including by seeking to ensure
transparency in all financial transactions between Governments and companies to relevant
tax authorities;
12.
Also calls upon all States to consider waiving or reducing to the barest
minimum reasonable expenses deducted when recovering assets, particularly when the
requesting State is a developing country, bearing in mind that the return of illicitly acquired
assets contributes to the achievement of the Sustainable Development Goals;
13.
Reiterates the importance of full compliance with international human rights
law in relation to the return of proceeds of crime, in particular due process rights in criminal
or civil law matters against persons presumed to be responsible for corruption, tax evasion
or other related criminal conduct and with respect to freezing and forfeiture;
14.
Invites the Conference of the States Parties to the United Nations Convention
against Corruption to consider ways of adopting a human rights-based approach in the
implementation of the Convention, including when dealing with the return of the proceeds
of crime, and appreciates the continued efforts of the Open-ended Intergovernmental
Working Group on Asset Recovery of the Conference to assist States parties in fulfilling
their obligations under the Convention to prevent, detect and deter in a more effective
manner the international transfer of the proceeds of crime and to strengthen international
cooperation in asset recovery;
15.
Calls upon States to continue to consider the establishment of an
intergovernmental working group on the negative impact of illicit financial flows on the
enjoyment of human rights, and to explore further policy responses to the phenomenon;
16.
Acknowledges the important role that civil society can play in exposing
corruption and drawing attention to the negative impact of the non-repatriation of funds of
illicit origin on the rule of law and the realization of economic, social and cultural rights,
and reiterates in this context the obligation of States to protect reporting persons, in
accordance with article 33 of the United Nations Convention against Corruption and the
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