particular request for MLA. Discussions covered the possibility of setting common objectives, joint investigations, and recovery actions. The task force arrangement could be set up any number of ways, for example, an ongoing task force targeted on a particular case to coordinate efforts and benefit from the expertise and experience of both jurisdictions, or a more general task force on MLA issues. Certainly bringing key operatives from originating and requested jurisdictions together in a task force atmosphere would clarify many issues, help each jurisdiction better understand the challenges the other faces, and provide opportunities to share and agree upon strategic and tactical approaches to the case. The task force approach would also provide a means for requesting that certain cases be given a higher priority. (If a task force is already in place, the originating jurisdiction could bring to the task force a request that a case should be given greater priority by the requested jurisdiction.) Some practitioners also suggested that joint task forces could provide an opportunity to explore new and innovative approaches to asset recovery. Lack of coordination between domestic anticorruption agencies can also impede mutual assistance and asset recovery. The international joint task force approach could be extended to task force arrangements or multiagency working groups at the domestic level. Joint working arrangements facilitate national coordination and cooperation, avoid duplication of effort, and provide an environment for discussing and agreeing on strategies for responding to MLA requests. They can also add value to domestic investigations that may be initiated as a consequence of requests for assistance. A domestic task force can be established as a standing interagency group dealing with MLA requests, or on a case-by-case basis as significant international requests for assistance warrant. Whether the task force is permanent or ad hoc, a lead agency that is responsible for monitoring the progress and reporting on the status of requests is essential. The terms of reference of any multiagency group should also spell out the role and responsibilities of task force members and outline arrangements for task force meetings and reporting. The Importance of Communication During the course of this StAR study, some potential originating jurisdictions expressed the opinion that a specifi c jurisdiction with relevant information or assets would not want to cooperate with originating jurisdictions. The view was based on third-hand accounts and rumors; the jurisdiction in question had never been approached. Similarly, an originating jurisdiction may erroneously interpret a request for further information as indicating that the requested jurisdiction does not want to provide assistance. Some jurisdictions expect, unrealistically, that all requested jurisdictions have the same procedures and access to information and the same level of resources dedicated to recovery actions. If the requested jurisdiction does not respond as expected, the originating jurisdiction may complain of a lack of cooperation, even though the delay or inability to grant the request is a result of differences in procedures and resources. (continued next page)
General Barriers and Institutional Issues
Book 1.indb 39
I 39
5/11/11 4:20:39 PM