Ministry of Justice, as part of its commitments for carrying out the implementation of Law No. 03/L-141 for the Administration of Sequestrated or Confiscated Assets, has established the Agency for the Administration of Sequestrated or Confiscated Assets which is an executive agency within the Ministry of Justice.
The Agency for the Administration of Sequestrated or Confiscated Assets is responsible for the preservation and administration of sequestrated or confiscated assets entrusted to the care of the Competent Authorities. The Agency shall carry out its functions in order to provide effective and professional management of assets and conduct its activities with integrity and transparency. The main objective of the Agency is to become an Excellent Centre in the administration of sequestrated or confiscated assets.
Composition of the Agency
The Administrative Instruction 1/2010 defines the functional and organizational structure of the Agency for the administration of sequestrated or confiscated assets. The Agency is a body within the Ministry of Justice and is headed by its Chief. The Agency of the Administration of the sequestrated or confiscated assets in its organizational structure has the following:
1. The Department of Administration within the framework of which is the Division of Personnel and the Division of Budget and Finance;
2. Department of admission, preservation of asset value and the sale of sequestrated or confiscated assets in the framework of which is the Division of admission and preservation of asset value as well as the Division of Sale of Sequestrated or Confiscated Assets;
Duties and Responsibilities of the Agency
The Agency for the Administration of Sequestrated or Confiscated Assets has the following duties and responsibilities: preserves and manages sequestrated or confiscated assets in cooperation with the prosecution, the court or other competent bodies, in accordance with the applicable law, with the exception of sequestrated assets for the implementation and collection of tax obligations.
The Agency assists in the execution of the sequestrated or confiscated assets, and at the request of the competent authorities, enables the sale of sequestrated or confiscated assets under the authority of the competent body.
The Agency takes necessary actions in order to adequately preserve and ensure the value of the sequestrated or confiscated assets. Value preservation can be obtained by keeping or selling the sequestrated or confiscated assets by the Agency, in order to be replaced by a monetary equivalent. The Agency, as necessary, engages experts to assess the value of the assets and the manner of preservation of sequestrated or confiscated items. Revenues deriving from the sale shall be deposited into the Agency’s bank account in the Central Bank of the Republic of Kosovo. In special cases the Agency may request from the court or other the competent authority to leave the sequestrated asset to the person whom it was sequestrated for use or maintenance.
The Agency manages data regarding the sequestrated or confiscated assets in a centralized computer system. Any civil or legal person, who has been sequestrated or confiscated an asset, has the right to request information from the agency regarding his sequestrated or confiscated asset.
The Ministry of Justice is committed in the implementation of the objectives and actions that emerge from the Law, as well as in strengthening of the justice system in order to complete the legal infrastructure in the sector of Justice.