Ep 38: Inside the Additional Protocol to the Warsaw Convention
Episode Details

Jill Thomas speaks with Cornel Calinescu, chair of the Council of Europe committee that negotiated the new Additional Protocol to the Warsaw Convention. They discuss who writes asset recovery standards and what they mean for front-line practitioners.


Cornel takes us inside the Strasbourg negotiations, where 41 jurisdictions turned a small protocol into more than 40 technical articles. He explains how an open treaty creates a common language: definitions for crypto assets and VASPs, broader confiscation types, standard forms for seizing orders, and post-conviction tracing. They also cover value as the measurement unit of asset recovery, interlocutory sales, and why statistics are still missing.


Timestamps

07:00 – Asset recovery over the last 20 years

13:15 – the Warsaw Convention and the 1% problem

19:30 – The Strasbourg negotiations

24:15 – An open treaty with a common language

29:00 – Crypto, confiscation types and standard forms

37:00 – Value as a measurement unit

40:45 – Interlocutory sales and ANABI

45:15 – Cornel's magic wand: changing the mindset


About Our Guest

Cornel Calinescu is an asset recovery consultant and chair of the Council of Europe committee on the Additional Protocol to the Warsaw Convention, elected by the 41 jurisdictions taking part. Over 26 years at Romania's Ministry of Justice, he established the country's first asset recovery office and led its consolidation into ANABI. He is a long-standing member of CARIN.


Key Takeaways

Asset Recovery Needs One Language

The protocol defines crypto assets, VASPs and confiscation types so every party means the same thing.


The Protocol Reaches Beyond Europe

As an open treaty, jurisdictions outside the Council of Europe can use adopt instrument.


Value Is the Measurement Unit

Only tracking value from crime to disposal shows whether a case met its target.


Seize Assets, Not Paper

Value-based orders must be backed by tracing, seizing and managing real assets.


Speed Is Built Into the Process

Standard forms replace translated, stamped files when crypto moves in a click.


Resources Mentioned


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Episode cover art for Ep 38: Inside the Additional Protocol to the Warsaw Convention
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