Barrier 23: Lack of Information on MLA Requirements Practitioners identified failure to provide access to or properly explain the applicable laws, procedures, evidentiary requirements, and other MLA requirements as impediments to international cooperation in the recovery of assets. Effective cooperation requires accessibility to information and understanding of the systems and their limitations operating in participating countries. Some jurisdictions make relevant laws and regulations on MLA available on the Web site of the central authority or on another government Web site. In some instances, laws are accessible through third-party Web sites, such as the International Money Laundering Information Network (IMoLIN)87 database and the soon-to-bedeveloped UNCAC Legal Library, which are administered by the UNODC. Providing access to templates and relevant forms is also an important factor in assisting jurisdictions to prepare and transmit requests in the appropriate way. The level of online information and guidance provided by the 16 financial centers reviewed in this study is inconsistent. Internet research revealed that seven of the centers provided access to laws on international cooperation; five centers made laws, regulations and guidance available; and only two also provide samples or templates for making requests for assistance. A representative of one of the 16 financial centers stated that while the government posted relevant laws and treaties on government Web sites, guidance on how to make an MLA request is not available on the Internet out of concern that criminals will find the information and use it to their advantage. That concern, however, is outweighed by the many advantages gained from disseminating detailed guidance on preparing and submitting MLA requests. In sum, ready availability of such information facilitates MLA requests by foreign jurisdictions and aids the fight against criminals. This study did not uncover any specific examples where open access to guidance notes proved beneficial to criminals and thwarted asset recovery action. Practitioners said that such information can be “sanitized� so that it can be made public, yet still assist practitioners in understanding the MLA process in that jurisdiction. Alternatively, information can be password protected so that access is restricted to practitioners in other jurisdictions. Jurisdictions that provide online access to laws and regulations but no further guidance should also provide contact details for a focal point so that originating jurisdictions can quickly identify and contact the appropriate authority for more detailed guidance (see Barrier 21). In addition, StAR has published the Asset Recovery Handbook, which includes a template for MLA requests, while the UNODC is working to update its MLA Request Writer Tool.
87. See www.imolin.org/.
Operational Barriers and Communication Issues
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