A ground-breaking law reform project will give authorities across the Pacific stronger investigation powers and better tools to target criminal proceeds and assets, after model legislation
was recently developed.
The model legislation, which is currently open for consultation, is part of the Model Legal Framework on Anti-Money Laundering and Criminal Asset Confiscation—a first of its kind designed for Pacific Island jurisdictions to create or update laws to meet revised international anti-money laundering standards set by the Financial Action Task Force (FATF).
The Cook Islands is leading the way as the first jurisdiction to work with partners to tailor and implement the model legislation.
“The Cook Islands has worked closely with partners to develop the Model Legal Framework and looks forward to the next phase of implementing this Framework in the Cook Islands context,” Co-Chair of the Cook Islands National Anti-Money Laundering Coordination Committee, Commissioner Cheryl McCarthy said.
The Framework, which has been developed by Lexbridge Lawyers and coordinated through the Asia/Pacific Group on Money Laundering (APG), will allow the Pacific region to meet international standards set by the FATF.
“The Model Legislation is part of a wider package being developed for the Pacific Model Legal Framework, which will also include a range of practical implementation and guidance materials, and tailored training, to support jurisdictions in the effective uptake and use of the law,” Lexbridge Partner and Project Coordinator, Dr Sarah McCosker said.
“A key feature of the Pacific Model Legal Framework is that it enables authorities to restrain and confiscate criminal assets even when no conviction is secured in court,” APG Executive Secretary, Dr Chris Black said.
“This means, instead of focusing solely on prosecuting criminals after crimes occur, law enforcement can also stop criminals by disrupting their finances.
“This Framework, specifically designed for small-to-medium-sized Pacific Island jurisdictions, is designed to help fight international crime, corruption, and money laundering.
“The Framework will improve cooperation between jurisdictions by making investigations and court processes more closely aligned and compatible.”
The development of the Model Legal Framework, funded by the Government of New Zealand, has followed a multi-stage process over the last two years, based on consultation with Pacific Island stakeholders, including engagement with multilateral fora such as the Pacific Islands Law Officers’ Network, the Pacific Islands Chiefs of Police, the Pacific Transnational Crime Coordination Centre, the Pacific Financial Intelligence Community, as well as the Asset Recovery interagency Network Asia Pacific.
Consultation on the Model Legislation closes on Friday 12 June 2026. More information on how to provide feedback during the consultation period can be found via
https://www.lexbridgelawyers.com/development-of-a-pacific-model-legal-framework-for-ncb-poc-asset-confiscation-and-forfeiture-regime/.
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