Jurisdictions should promote direct contact between practitioners at the institution-toinstitution level and establish registries of practitioners that are periodically updated. Jurisdictions should develop policies that allow practitioners from other jurisdictions access to such registries in an effort to expedite cooperation and build contacts and trust between institutions.
Policy Recommendations a) A requested jurisdiction should not refuse a request for MLA for due process reasons unless it has precise and strong evidence that the originating jurisdiction has not guaranteed due process to the defendants. b) Developed countries should consider absorbing the costs of communication with developing-country jurisdictions on requests for assistance with recovery of stolen assets; developed countries could also provide developing jurisdictions with communications technology and equipment.
Operational Recommendations a)
b)
c)
d)
e)
Requested jurisdictions should implement policies and procedures that guarantee transparency when dealing with originating authorities and should require that the reasons for rejecting an MLA request be divulged to the originating jurisdiction; they should also give the originating jurisdiction an opportunity to demonstrate that the defendant received due process. To help build trust between jurisdictions, developed countries should establish policies and procedures that facilitate the establishment of personal contacts between originating and requested authorities. In particular, they should establish liaison magistrates, FIU liaison officers, and customs or police attachĂŠsa to promote enhanced cooperation between central authorities and direct contacts between competent prosecutors, judges, or law enforcement officers. Jurisdictions should provide adequate resources to enable their officials to attend relevant international meetings and forums and to network with their counterparts bilaterally. Jurisdictions should participate in and exploit asset recovery networks and groups such as CARIN, ARINSA, and IBERRED to develop relationships with practitioners in other jurisdictions. Jurisdictions should establish policies and procedures that allow practitioners to develop effective contacts and avenues for communication at an institution-to-institution level, including maintaining contact details in corporate systems. Such systems should be updated on a regular basis.
a. For example, the United States has attachĂŠs from the FBI, Drug Enforcement Administration, U.S. Immigration and Customs Enforcement, Internal Revenue Service, and U.S. Secret Service in many embassies overseas. France, Germany, Japan and the United Kingdom also have police, customs, and liaison magistrates in foreign countries.
General Barriers and Institutional Issues
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