Cayman Islands A. MLA Legal Framework and Preconditions to Cooperation (General) A.1. Relevant Laws, Treaties, and Conventions Dealing with or Including a Component Relevant for MLA and Asset Recovery • Criminal Justice (International Cooperation) Law (CJICL) allows for MLA in the context of all serious offenses under Cayman Islands law if requested by a country listed in the annex to the CJICL (the list is identical with list of signatories to the Vienna Convention). • Proceeds of Criminal Conduct Law (PCCL) later repealed and replaced by the Proceeds of Crime Law, 2008,93 and Misuse of Drugs Law (MDL) govern the registration and/or enforcement of external confiscation orders. Requests for the enforcement of such orders may be requested only by countries listed in the annex to the law (list is identical with list of signatories to the Vienna Convention). • Evidence (Proceedings in other Jurisdictions)(Cayman Islands) Order (EO) enables the Grand Court to provide assistance to foreign courts in obtaining evidence in criminal and civil cases in which charges have been brought against the defendant. Requests are to be made through letters rogatory. The measures may be requested by any country. • Cayman Islands may not provide MLA directly based on international treaties but only based on the CJICL, the PCCL, the MDL, or the EO. • The Cayman Islands have entered into a bilateral MLA Treaty with the United States. The United Kingdom’s ratification of the Vienna Convention has been extended to the Cayman Islands. The United Kingdom’s ratification of the Merida Convention has not yet been extended to the Cayman Islands. A.2. Legal Preconditions for the Provision of MLA •
Dual criminality is a requirement in all cases, but technical differences in the categorization of offenses do not pose an impediment to MLA. • Reciprocity is required in all cases.
A.3. Grounds for Refusal of MLA A request for MLA may be refused if: • •
Form requirements as stipulated in the applicable laws are not met. The request does not establish reasonable grounds for believing that a criminal offense has been committed. • The request does not establish reasonable grounds for believing that the information sought relates to the offense and is located in the Cayman Islands. • The request is likely to prejudice the security, public order, or other essential interests of the Cayman Islands.
93. The PCCL still applies to offenses committed before September 2008.
Appendix B
Book 1.indb 117
I
117
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