MLA request to seize bank documents. The activity revealed in these documents will help practitioners trace the assets and determine additional accounts to restrain or seize. It will assist with gathering the evidence required for provisional measures, whether emergency provisional measures (through informal assistance where available) or an MLA request. Eventually, the accumulated information and evidence will provide the basis for domestic confiscation and enforcement. Following a step-by-step process enables practitioners to make important strategic decisions at each stage. In addition, it leads to greater communication among counterparts, thereby building or fostering a relationship of trust between jurisdictions. Figure 7.2 provides a simple flow chart to illustrate this step-by-step process.
FIGURE 7.2
Flow Chart of International Cooperation
Initial contact with foreign counterparts explain investigation and material needed; seek advice phone or email is best
MLA request: evidence request bank account documents, witness statements seek advice on draft before sending
[MLA] request: provisional measures emergency request (possibly without MLA) enforcement of foreign order (MLA required)
Confiscation direct enforcement of foreign judgement indirect enforcement domestic judgment based on evidence provided
Discreet enquiries by foreign agencies (mutual assistance)
Response provided in intelligence format
FIU, public records, banks (where possible)
Request reviewed by central authority ensures requirements are met sends to executing authority for investigation and evidence gathering
Provisional measures direct enforcement of foreign order indirect enforcement domestic freeze based on evidence provided
Evidence gathered and response provided
MLA Request: confiscation enforcement of foreign judgment
Return direct enforcement sharing mechanisms court-ordered compensation
Source: Authors’ illustration. Note: FIU = ďŹ nancial intelligence unit. In some jurisdictions, evidence and provisional measures can be requested at the same time.
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