AASCA is an agency under the minister that covers public order and security. AASCA operates according to the structure approved by order of the Prime Minister no. 14, dated 13.01.2021 “On the approval of the structure and staff of AASCA”.
Background and legal basis
The Agency for the Administration of Sequestered and Confiscated Assets (AAPSK) was established pursuant to Law no. 9284, dated 30.09.2004 “On the prevention and crackdown on organized crime” and currently operates pursuant to law no. 10192, dt. 3.12.2009 “On the prevention and crackdown on organized crime, trafficking and corruption through preventive measures against property”, amended by law 70/2017, dt. 27.4.2017, 85/2020.
In July 2019, the law no. 34, dated 4.07.2019 “On the administration of sequestrated and confiscated assets”. Pursuant to the requirements reflected in the amendments to law 34/2019 from law 19/2020, the following have been approved:
- DCM with no. 888, dt. 11.11.2020 “On determining the evaluation criteria, manners and procedures for the commissioning and alienation of confiscated assets”
- DCM with no. 835, dt. 28.10.2020 “Rules on the content, form of registration of sequestrated and confiscated assets, as well as on the determination of public bodies or entities that have the right to access its information”.
- Prime Minister’s Order no. 14, dt. 13.01.2021 “On the approval of the structure and staff of AAPSK”.
- Instruction of the Minister of Interior with no. 374, dt. 18.11.2020 “On determining the rules and procedures for financing projects from the special fund for crime prevention”.
- Instruction of the Minister of Interior no. 324, dt. 02.10.2020 “On determining the rules, procedures for revenue administration and limits on the execution of expenditures for sequestrated and confiscated assets”.
- Order of the Minister of Interior no. 323, dt. 02.10.2020 “On determining the criteria and rules for drafting the list of administrators of sequestrated assets at the Agency for Administration of Sequestered and Confiscated Assets”.
- Instruction of the Minister of Interior no. 80, dt. 06.03.2020 “On the conditions of implementation of the order for evacuation of buildings that are subject to sequestration”.
Object of work of AASCA
The object of the agency is:
- Administration of sequestrated and confiscated assets by court decision, pursuant to law no. 10192, dated 3.12.2009 “On the prevention and crackdown on organized crime and trafficking through preventive measures against property”, amended by law 70, dt. 27.4.2017 and the new law no. 34, dt. 4.07.2019 “On the administration of sequestrated and confiscated assets”, as amended.
- Administration of blocked and sequestrated assets, pursuant to law no. Nr. 157/2013, “On measures against the financing of terrorism.”
- Administration of blocked and seized assets according to the Normative Act (OFL), no.1, dt. 31.01.2020 “On preventive measures in the framework of strengthening the fight against terrorism, organized crime, serious crime and consolidation of public order and security”
- The administration of other sequestrated and confiscated assets, which are the product of criminal offenses or related to them, the administration of which is assigned to this Agency by law, by court decision or order of the Minister.
- Administration of confiscated material evidence and their sale by decision of the Inter-Institutional Committee for Measures against Organized Crime.
AASCA is headed by the Chief Administrator and has 14 employees. AAPSK employees are civil servants. AASCA works according to this organization chart.
AASCA consists of administrators and assistant administrators of assets, the number of which is determined by the assets received in the administration, the difficulties of their management, the types and volume of work for the administration of assets, etc. Administrators and assistant administrators are persons contracted by AASCA according to the Labor Code.
Management of sequestrated and confiscated assets
From the moment of taking into administration the assets seized according to legal acts, until the end of the trial process that ends with the revocation of the property (the property is returned to the subject), or the confiscation of the property (the property becomes state ownership), the administrator must well manage the property while maintaining its value and when possible, add this value. Management can be:
- Direct, in the case of companies under management.
- Leasing, in the case of real estate or businesses.
- Time deposits, in the case of bank accounts.
Confiscated assets (businesses, real estate, or movable property) can be sold, transferred to the ownership of central institutions or local government units, or given for use. The sale value passes to the proceeds from the sequestrated and confiscated assets. These revenues are deposited in a separate account with AASCA.
Revenues generated from sequestrated and confiscated assets are used for:
- Pouring into the state budget.
- AASCA account in covering expenses.
- Special fund.
The special fund is used to finance projects of:
- Institutions dealing with the fight against organized crime.
- NGOs that treat victims of organized crime trafficking.
Immovable or movable property can be transferred to your ownership or given for use to state institutions or local government units.
The decision on the sale, transfer of ownership or transfer of assets to central institutions or local government units, on the distribution of revenues from sequestrated and confiscated assets, as well as the manner of financing and allocation of special funds is taken by the Inter-Institutional Committee on Measures Against Organized Crime. This committee consists of 9 members, representatives from institutions, as part of the fight against organized crime.
The confiscated assets are sold by auction by the Directorate of Public Property Management at the Ministry of Finance and Economy, while the sequestrated assets are devalued by AASCA.