Estimates from the Crime Survey for England and Wales showed that there were 3.6 million incidents of fraud experienced by individuals in year ending June 2024.[41] This accounts for almost 40% of all crime in England and Wales.[42] That trend extends far beyond the UK, with fraud being the most prevalent form of crime globally. When it comes to combatting fraud, Interpol’s Secretary General recently stated that: “[s]tripping criminals and their networks of illegal profits is one of the most powerful ways to fight transnational organized crime, especially considering that 99 per cent of criminal assets remain unrecovered” and that therefore “[b]y targeting their financial gains, INTERPOL is working to disrupt criminal networks and reduce their harmful impact on communities worldwide”.
This raises the crucial question: what measures are in place to combat international criminal organisations and seize criminal assets across borders? The UK Government’s Economic Plan (2023-2026) delves into their commitment to target asset recovery. This is very timely given the recent introduction of Interpol’s Silver Notices, created with the promise of becoming a new and efficient mechanism to trace assets across borders.
This article explores the newly introduced Silver Notices and compares them to the existing pathways available in the UK for cross-border recovery. We turn first to explore the existing legal framework.
Mutual legal assistance (MLA), sometimes referred to as “judicial assistance”, is the formal way in which states request and provide assistance in obtaining evidence located in one state in support of criminal investigations or proceedings in another state. Mutual legal assistance is designed for the gathering of concrete evidence rather than simply intelligence or information.[43] The UK Central Authority receives requests from other states for mutual legal assistance in England and Wales, in Northern Ireland and, in some cases, in Scotland.[44] In the UK, the legislation underpinning MLAs is the Crime (International Co-operation) Act (CICA) 2003, which provides a framework for MLA requests both in and out of the UK, setting out the legal basis of such requests, procedural timeframes, other requirements and grounds on which such requests can be refused.
The UK can grant an MLA request from any country or territory, regardless of whether that country could or would offer assistance in return. Although the UK is part of various bilateral and multilateral MLA treaties, no formal agreement is needed for a country to raise a request for MLA from the UK.
Following Brexit, some of the cross-border enforcement tools which were available to the UK as an EU Member State (such as the Schengen Information System [45] acting as a European security database, or the European Investigation Order)[46] are now no longer an option. MLAs therefore became much more important as the Supreme Court highlighted in its judgement of R (on the application of KBR, Inc.) v Director of the Serious Fraud Office:
“It can be seen that successive Acts of Parliament have developed the structures in domestic law which permit the United Kingdom to participate in international systems of mutual legal assistance in relation to both criminal proceedings and investigations. Of critical importance to the functioning of this international system are the safeguards and protections enacted by the legislation, including the regulation of the uses to which documentary evidence might be put and provision for its return”.[47]
However, the MLA process has faced significant criticism, primarily due to its perceived "slowness". The UK Government acknowledges that processing an MLA request can take up to 12 months.[48] In asset freezing or confiscation proceedings, where time is of the essence, this lengthy timeframe provides little if any assistance and can even hinder progress and key actions that are crucial to the outcome of such cases.
According to the Government’s Asset Recovery Statistical Bulletin for the financial year of 2023-2024, the UK successfully recovered £243.3 million in assets through confiscation, forfeiture, and civil recovery orders. However, only £5.8 million of this amount was retrieved under the "international cooperation" via MLA requests.[49] This shows that the UK is experiencing difficulties in its cross-border asset recovery efforts, highlighting the need for a more efficient process. This is a general concern across the globe, not just in the UK, with the president of the Financial Action Task Force explaining that 80% of the world’s countries cannot effectively confiscate criminal assets, which has led to a situation whereby “less than 2%” of the global proceeds of crime are seized. [50]
Interpol’s Global Crime Trend Report (2022) revealed that financial and cybercrimes are the top concerns for police forces globally, with money laundering and financial fraud being in the top five criminal threats. This goes hand in hand with Interpol’s initiative to introduce a pilot phase for their new Silver Notice.
Silver Notices, introduced at the start of this year, are designed to assist Interpol member countries in tracing and recovering criminal assets. These notices primarily target economic crimes, enabling states to track not only potential offenders but also the proceeds of their crimes, and facilitate bilateral requests for the seizure, confiscation, or recovery of criminal assets. They have been rolled out as part of a pilot programme running until November 2025, involving 52 countries,[51] including the UK and the US. Interpol has stated that countries taking part in the pilot will have the possibility to collectively request up to 500 Silver Notices.
On 10 January 2025, the first Silver Notice was issued by Interpol at the request of Italian authorities seeking information on assets belonging to a senior member of the mafia.[52] There is no public data concerning other applications for Silver Notices that may have been made to Interpol but rejected as part of the pilot phase. Interpol has announced that they will not be releasing applications for Silver Notices on their website as part of the pilot stage. However, the outcome of the Pilot Scheme will be presented at the 93rd General Assembly later this year and Interpol will then consider whether to make the scheme permanent and how to best improve it going forward. We will therefore have to wait longer to fully understand the uptake and practical effectiveness of Silver Notices.
Following the first announcement of the Silver Notices earlier this year, Interpol released the legal framework governing the pilot phase:
Article 1 of relevant legal framework specifies that “Silver Notices/Silver Diffusions may be published/circulated at the request of a National Central Bureau for one or more of the following purposes: (a) to locate assets; (b) to identify assets; (c) to obtain information about assets; (d) to monitor assets discreetly and/or continuously”.[53] The Article also specifies that the Notices are restricted to "non-coercive" measures during the pilot period, with information shared through the Notices intended solely to assist in either civil or criminal forfeiture, regardless of whether it occurs before or after conviction.
Article 2 specifies the minimum criteria for publication. A Silver Notice can only be issued if it concerns a natural person under criminal investigation for a serious crime, punishable by at least four years of imprisonment. An application for a Silver Notice must include key details: a clear summary of the criminal activities, a proven link between the person and/or their assets, and how these assets are connected to the alleged crime. Most importantly, there must be a valid judicial decision showing the assets are under criminal restraint or non-conviction-based restraint.
Otherwise, a Silver Notice follows the same procedures and regulations as other Coloured Notices introduced by Interpol, meaning there is no obligation to investigate the underlying merits of the Notice if they respect the rules outlined in the framework.
Interpol introduced certain specific safeguards for the provision of Silver Notice. In Article 2 of the relevant Legal Framework, specific conditions are highlighted for the circulation of the Silver Notices. There is a requirement for requesting countries to provide judicial data justifying the Notice, including a case summary and proof that the person’s assets are subject to domestic restraint. However, no provision has been introduced to give Notice to the defendant. This means that once the Notice has been approved and published by Interpol, there is no opportunity for the defendant to challenge the Notice prior to its publication and entry into force. This raises understandable due process concerns.
Article 2 provides some further constraints, since Notices can only be issued when assets are linked to "a natural person subject to a criminal investigation." This seems likely to create issues if assets are moved or hidden before the investigation is initiated. By the time the investigation begins, assets may have already been relocated or dissipated, as money is easily transferred or concealed. Given the criminal investigation requirement, it is difficult to see how the process will substantially improve the position as compared to enforcement through MLA channels, especially with regards to potential delays.
There is a level of scepticism arising from the decision by Interpol to subject Silver Notices to the same regulations which apply to other Coloured Notices. If the same rules have not prevented process abuse in the past (see Interpol’s Blue and Red Notices) in the past, why would the positon it be different for Silver Notices?
In 2021, Selahaddin Gülen, a Turkish citizen and U.S. permanent resident, was abducted by Turkish agents from Kenya despite ongoing legal proceedings to prevent his extradition, highlighting how Interpol’s Notice system can be abused for political purposes. His case underscores the need for stronger safeguards to protect political dissidents and uphold international justice.
Concerns about potential abuse of process are especially relevant with Silver Notices as validating financial crimes such as fraud presents a significant challenge. In contrast, Red Notices (wanted persons) or Blue Notices (additional information about a person’s identity, location or activities) often involve much more straightforward violent crimes. Verifying the evidence and basis of a financial crime allegation is understandably more complex. With the added complexity comes an added risk that Interpol will not be able to distinguish between genuine and abusive applications.
The misuse of Interpol's databases for political purposes undermines international law enforcement, and highlights the urgent need for stronger safeguards to protect political dissidents and ensure justice.
Interpol has had historical issues the relevant rules to the use of the Coloured Notices. In 2019, the European Parliament released a study titled “Misuse of Interpol’s Red Notices and impact on human rights”. This study used data from Interpol's Annual Reports for 2016 and 2017, revealing that 47,265 Red Notices were issued in 2016, compared to just 6,344 in 2010. This significant increase in the use of Red Notices globally highlights the need for a corresponding boost in resources and legal management systems to handle the growing volume.
In response, in 2023, Interpol announced a 10% increase in their staff, explaining: “this growth was driven by the addition of 166 contracted officials and 62 seconded officials, underscoring our commitment to enhancing global security through a diverse and skilled workforce”[54] Nonetheless, serious concerns remain that many of the systemic issues affecting Red and Blue Notices will also affect the new Silver Notice process.
The effectiveness of the new Silver Notice is yet to be proven. However, there is hope that the Notices will be implemented as a way to bypass MLAs, with a more efficient and direct means of requesting evidence from other governments. Silver Notices are intended to become a new bridge in law enforcement’s network, connecting different jurisdictions to facilitate smoother cross-border asset recovery.
To prevent abuse and misuse of the newly introduced Silver Notices, it is crucial for Interpol to implement a rigorous internal review system and prioritise transparency. The pilot phase will determine if the new Notices become a powerful asset recovery tool for law enforcement or if they will be misused by governments to freeze the assets of politically targeted individuals. Indeed, it remains to be seen how much Interpol will publish following the pilot phase as part of their 93rd General Assembly report.
The introduction of the Silver Notice could be the game-changer that everyone has been waiting for. For now, we can only speculate on the challenges the Silver Notice framework might face. Ultimately, we must wait and hope that Interpol uses the pilot phase to shape the best regulatory approach moving forward while addressing the criticisms they have faced for years. We will all be on the edge of our seats for the results of the pilot phase later this year.
41 ONS Centre for Crime and Justice (2025) Crime in England and Wales: Year ending September 2024, Crime in England and Wales - Office for National Statistics. Available at:https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/crimeinenglandandwales/yearendingseptember2024 (Accessed: 31 March 2025).
42 Fraud - National Crime Agency (no date) Fraud. Available at: https://www.nationalcrimeagency.gov.uk/what-we-do/crime-threats/fraud-and-economic-crime (Accessed: 31 March 2025).
43 Council of Europe (2013) MUTUAL LEGAL ASSISTANCE MANUAL. Available at: https://rm.coe.int/mutual-legal-assistance-manual-eng/1680782927 (Accessed: 31 March 2025) https://openknowledge.worldbank.org/entities/publication/7bec70d0-0b95-578d-810d-92fd371fba28 (Accessed: 31 March 2025).
45 Second generation schengen information system (SIS II) (2020) Publications Office of the European Union. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=legissum%3Al14544 (Accessed: 31 March 2025).
46 European Investigation Order (no date) European Union Agency for Criminal Justice Cooperation. Available at: https://www.eurojust.europa.eu/judicial-cooperation/instruments/european-investigation-order (Accessed: 31 March 2025).
47 [2021] UKSC 2, para. 45.
48 Request for mutual legal assistance in criminal matters: Guidelines for authorities outside of the UK (accessible version) (2022) GOV.UK. Available at: https://www.gov.uk/government/publications/mla-guidelines-for-authorities-outside-of-the-uk/request-for-mutual-legal-assistance-in-criminal-matters-guidelines-for-authorities-outside-of-the-uk-accessible-version (Accessed: 31 March 2025).
49 Asset recovery statistical bulletin: Financial years ending 2019 to 2024 (2024) GOV.UK. Available at: https://www.gov.uk/government/statistics/asset-recovery-statistics-financial-years-ending-2019-to-2024/asset-recovery-statistical-bulletin-financial-years-ending-2019-to-2024 (Accessed: 31 March 2025).
50 O’Donoghue, P. (2025) Latest: Interpol launches first ever ‘silver notice’ – new international alert to trace criminal assets, AML Intelligence. Available at: https://www.amlintelligence.com/2025/01/latest-interpol-launches-first-ever-silver-notice-new-international-alert-to-trace-criminal-assets/ (Accessed: 31 March 2025).
51 Algeria, Argentina, Australia, Belgium, Brazil, Burundi, China, Colombia, Congo, Ecuador, Estonia, France, Gabon, Georgia, Gibraltar (UK), Guinea, Hungary, India, Iraq, Italy, Kazakhstan, Kenya, Korea (Rep. of), Kuwait, Latvia, Malawi, Malta, Moldova, Mozambique, Namibia, Netherlands, New Zealand, Nigeria, North Macedonia, Pakistan, Paraguay, Poland, Portugal, Qatar, Russia, Singapore, Spain, Sweden, Trinidad & Tobago, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Venezuela, Zambia, Zimbabwe.
52 Interpol publishes first silver notice targeting criminal assets (2025) INTERPOL. Available at: https://www.interpol.int/en/News-and-Events/News/2025/INTERPOL-publishes-first-Silver-Notice-targeting-criminal-assets (Accessed: 31 March 2025).
53 ‘LEGAL FRAMEWORK GOVERNING THE 2025 SILVER NOTICE/SILVER DIFFUSION PILOT’ (2025). INTERPOL.
54 INTERPOL Annual Report 2023’ (2024). INTERPOL.
55 Commission for the control of Interpol’s files (CCF) (no date) INTERPOL. Available at: https://www.interpol.int/en/Who-we-are/Commission-for-the-Control-of-INTERPOL-s-Files-CCF (Accessed: 31 March 2025).
