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Illicit enrichment

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Varying terminology

The terminology surrounding the concept varies considerably. Many countries, of course, use the term "illicit enrichment" (e.g. Afghanistan), or similar non-English terms such as “enrichissement illicite” (e.g. Mauritania), “enriquecimiento ilícito” (e.g. Mexico), or “enriquecimento ilícito” (e.g. Mozambique). Other countries, however, refer to the same concept by using phrases such as the acquisition, possession or control of “unexplained wealth” (e.g. Sierra Leone), “unexplained assets” (e.g. Kenya), or “unexplained property” (e.g. Antigua and Barbuda). Other countries again refer to the concept as “illegal gains” (e.g. Egypt), “unjustified enrichment” (e.g. Panama), “property deemed to be acquired illegally” (e.g. Nepal) or even “liability for corrupt acquisitions” (e.g. Seychelles).

Variance in scope of definitions

The scope of definitions for illicit enrichment also vary considerably throughout the world.

International legal instruments have taken a consistently narrow approach when defining the concept. These instruments generally only regard illicit enrichment as a concept that relates to corruption and only include limiting terms such as 'an increase in assets' when describing the form a person's illicit enrichment may take.

Domestic laws have often taken a much broader approach when defining illicit enrichment. Rather than just limiting the concept of illicit enrichment to include an increase in assets, legislators in dozens of countries around the world have defined illicit enrichment to also include unjustifiable increases in a person's ‘standard of living’ (e.g. Bhutan), ‘train de vie’ (e.g. Senegal) or ‘modo de vida’ (e.g. São Tomé and Príncipe).

Additionally, while the international instruments only take into account the enrichment of ‘public officials’ or ‘government officials’, many countries take a much broader interpretation in their own laws and define illicit enrichment as an act that can be committed by ‘any person’ (e.g. Rwanda).

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