A mutual legal assistance treaty (MLAT) is an agreement between two or more countries for the purpose of gathering and exchanging information in an effort to enforce public or criminal laws. A mutual legal assistance request is commonly used to formally interrogate a suspect in a criminal case, when the suspect resides in a foreign country.
Modern states have developed mechanisms for requesting and obtaining evidence for criminal investigations and prosecutions. When evidence or other forms of legal assistance, such as witness statements or the service of documents, are needed from a foreign sovereign, states may attempt to cooperate informally through their respective police agencies or, alternatively, resort to what is typically referred to as requests for “mutual legal assistance." [1] The practice of mutual legal assistance developed from the comity-based system of letters rogatory, though it is now far more common for states to make mutual legal assistance requests directly to the designated Central Authority within each state. In contemporary practice, such requests may still be made on the basis of reciprocity but may also be made pursuant to bilateral and multilateral treaties that obligate countries to provide assistance.
This assistance may take the form of examining and identifying people, places and things, custodial transfers, and providing assistance with the immobilization of the instruments of criminal activity. With regards to the latter, MLATs between the United States and Caribbean nations do not cover U.S. tax evasion, and are therefore ineffective when applied to Caribbean countries, which usually act as offshore "tax havens".[ citation needed ]
Assistance may be denied by either country (according to agreement details) for political or security reasons, or if the criminal offence in question is not equally punishable in both countries. Some treaties may encourage assistance with legal aid for nationals in other countries.
Many countries are able to provide mutual legal assistance to other countries for a broad range of topics through their justice ministries even in the absence of a treaty, through joint investigations between law enforcement agencies in both countries, emergency disclosure requests, letters rogatory, etc. In some developing countries, however, domestic laws can actually create obstacles to effective law enforcement cooperation and mutual legal assistance. [1]
For instance, the Convention on Mutual Administrative Assistance in Tax Matters is a convention to facilitate the entering into bilateral tax information exchange agreements between more than 90 states parties.
In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
A tax treaty, also called double tax agreement (DTA) or double tax avoidance agreement (DTAA), is an agreement between two countries to avoid or mitigate double taxation. Such treaties may cover a range of taxes including income taxes, inheritance taxes, value added taxes, or other taxes. Besides bilateral treaties, multilateral treaties are also in place. For example, European Union (EU) countries are parties to a multilateral agreement with respect to value added taxes under auspices of the EU, while a joint treaty on mutual administrative assistance of the Council of Europe and the Organisation for Economic Co-operation and Development (OECD) is open to all countries. Tax treaties tend to reduce taxes of one treaty country for residents of the other treaty country to reduce double taxation of the same income.
The United Nations Convention Against Corruption (UNCAC) is the only legally binding international anti-corruption multilateral treaty. Negotiated by member states of the United Nations (UN) it has been adopted by the UN General Assembly in October 2003 and entered into force in December 2005. The treaty recognises the importance of both preventive and punitive measures, addresses the cross-border nature of corruption with provisions on international cooperation and on the return of the proceeds of corruption. The UN Office on Drugs and Crime (UNODC) in Vienna serves as Secretariat for the UNCAC. UNCAC's goal is to reduce various types of corruption that can occur across country borders, such as trading in influence and abuse of power, as well as corruption in the private sector, such as embezzlement and money laundering. Another goal of the UNCAC is to strengthen international law enforcement and judicial cooperation between countries by providing effective legal mechanisms for international asset recovery.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, was adopted by a United Nations diplomatic conference on 10 June 1958 and entered into force on 7 June 1959. The Convention requires courts of contracting states to give effect to private agreements to arbitrate and to recognize and enforce arbitration awards made in other contracting states. Widely considered the foundational instrument for international arbitration, it applies to arbitrations that are not considered as domestic awards in the state where recognition and enforcement is sought.
The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention, is a multilateral treaty that was adopted in The Hague, The Netherlands, on 15 November 1965 by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efficient means of serving the documents on parties living, operating or based in another country. The provisions of the convention apply to service of process in civil and commercial matters but not criminal matters. Also, Article 1 states that the Convention shall not apply if the address of the person to be served with the document is not known.
Letters rogatory or letters of request are a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sought by letters rogatory are service of process and taking of evidence.
The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters—more commonly referred to as the Hague Evidence Convention—is a multilateral treaty which was drafted under the auspices of the Hague Conference on Private International Law (HCPIL). The treaty was negotiated in 1967 and 1968 and signed in The Hague on 18 March 1970. It entered into force in 1972. It allows transmission of letters of request from one signatory state to another signatory state without recourse to consular and diplomatic channels. Inside the US, obtaining evidence under the Evidence Convention can be compared to comity.
Transnational crimes are crimes that have actual or potential effect across national borders and crimes that are intrastate but offend fundamental values of the international community. The term is commonly used in the law enforcement and academic communities. Transnational organized crime (TOC) refers specifically to transnational crime carried out by crime organizations.
Relations between Antigua and Barbuda and the United States have been friendly since Antigua and Barbuda's independence from the United Kingdom in 1981.
The United States and Barbados have had cordial bilateral relations since Barbados' independence in 1966. The United States has supported the government's efforts to expand the country's economic base and to provide a higher standard of living for its citizens. Barbados is a beneficiary of the U.S. Caribbean Basin Initiative. U.S. assistance is channeled primarily through multilateral agencies such as the Inter-American Development Bank and the World Bank, as well as the U.S. Agency for International Development (USAID) office in Bridgetown.
Dominica–United States relations are bilateral relations between the Commonwealth of Dominica and the United States of America.
Grenada – United States relations are bilateral relations between Grenada and the United States. The United States recognized Grenada on 7 February 1974, the same day as Grenada got independence from the United Kingdom of Great Britain and Northern Ireland. These nations formally established diplomatic relations on 29 November 1974.
Saint Vincent and the Grenadines – United States relations are bilateral relations between Saint Vincent and the Grenadines and the United States.
Trinidad and Tobago – United States relations are bilateral relations between Trinidad and Tobago and the United States.
International asset recovery is any effort by governments to repatriate the proceeds of corruption hidden in foreign jurisdictions. Such assets may include monies in bank accounts, real estate, vehicles, arts and artifacts, and precious metals. As defined under the United Nations Convention against Corruption, asset recovery refers to recovering the proceeds of corruption, rather than broader terms such as asset confiscation or asset forfeiture which refer to recovering the proceeds or instrumentalities of crime in general.
A Central Authority is an agency or organization that is designated to play a key facilitating role in the implementation and operation of an international treaty in public and private international law.
The European Convention on Mutual Assistance in Criminal Matters is a 1959 Council of Europe mutual legal assistance treaty. It has been ratified by 50 states including all 46 member states of the Council of Europe.
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.
The nations of the Dominican Republic and Mexico established diplomatic relations in 1890. Both nations have over the years joined several multilateral forums and are members of the Association of Caribbean States, Community of Latin American and Caribbean States, Organization of American States, Organization of Ibero-American States and the United Nations.
The Ljubljana–The Hague Convention on Mutual Legal Assistance is an effort to streamline the prosecution of offenders against international criminal law through cooperation between states on matters such as information sharing, extradition, jurisdiction, and the definitions of international crimes. It was agreed to by 70 states on 26 May 2023.
