Mutual legal assistance and corruption
This Anti-Corruption Helpdesk brief was produced in response to a query from a U4 Partner Agency. The U4 Helpdesk is operated by Transparency International in collaboration with the U4 Anti-Corruption Resource Centre based at the Chr. Michelsen Institute.
This is an update to a U4 Expert Answer from 2008 on how a mutual legal assistance treaty can help combat money laundering. The scope of the query was extended beyond money laundering to corruption in general.
- The legal basis for MLA
- Challenges and lessons learnt for effective MLA
- "Informal assistance"
Mutual legal assistance (MLA) is an indispensable tool for law enforcement judiciary authorities handling corruption cases with international aspects (foreign bribery and money laundering cases are typical examples). In order to facilitate international cooperation, countries have tried to regulate mutual legal assistance through their domestic legislation and international instruments.
Despite those efforts, some countries still refuse to provide MLA on legal grounds such as the absence of dual criminality, immunity, bank
secrecy or for procedural reasons. In addition to those legal barriers, practical challenges at the institutional and operational level hinder the timely and effective provision of MLA (insufficient resources and expertise, limited available information, lack of coordination, etc.). Fortunately, countries and international organisations have developed solutions, recommendations and good practices to overcome those barriers. “Informal” assistance can also be a valid alternative to MLA in some circumstances.
AuthorsMarie Terracol, Transparency International, [email protected]