International Anti-Corruption Commitments

Title of the document

G20 High-Level Principles on Mutual Legal Assistance

Issuing body

G20 countries

Brief description

The principles are build on practice developed by G20 countries and beyond regarding mutual legal assistance, and identify mechanisms that have proven useful for addressing related challenges. These principles have been developed on the basis of recommendations on best practices arising from the implementation of the UNCAC and the UNTOC or agreed upon in relevant United Nations fora, as well good practices identified by the OECD Working Group on Bribery through its Typology exercise and its regular monitoring of States Parties’ implementation of the Anti-Bribery Convention.

Relevant excerpts

Principle 1 - An effective legal basis for providing and requesting MLA in bribery and corruption cases should be adopted.

Principle 4 - Cooperation and coordination between jurisdictions should be facilitated, in accordance with countries’ legal systems, including by:

i) facilitating, where appropriate, direct contacts between law enforcement agencies;

ii) clarifying the circumstances in which alternative forms of cooperation should be preferred to formal requests for MLA;

iii) developing mechanisms for collaborative or joint investigations.

Principle 5- International exchange of information through other mechanisms, should be allowed, in accordance with countries’ legal systems, including by:

i) facilitating exchange of financial intelligence obtained by FIUs;

ii) facilitating exchange of tax information; and

iii) facilitating exchange of information with securities and other regulators.

iv) facilitating cooperation, as appropriate, with intergovernmental

organizations

Principle 6 - States should continue their efforts to build and promote flexible and efficient schemes of cooperation targeting the proceeds of corruption and bribery by, inter alia:

i) developing or reviewing domestic legislation or practice to enable greater flexibility in providing assistance in asset recovery requests in line with chapter V of the UNCAC and consistent with other relevant international standards, including the Financial Action Task Force recommendations.