Agreement On Mutual Legal Assistance In Criminal Matters

(i) any other type of assistance that is not contrary to the domestic law of the required State Party. The relationship between bilateral and multilateral treaties on international mutual legal assistance is addressed in the Convention on Organized Crime. The main points are summarized below: 1. States parties agree with each other the broadest measure of mutual legal assistance in the investigation, prosecution and judicial proceedings of Article 3 offences and extend to similar assistance where the requesting State party has reason to believe that the Article 3 offence is the article 3 offence. , (a) or b) paragraph 1 is transnational in nature, including the fact that victims, witnesses, receipts, exhibits or evidence of these offences are located in the required State Party and that the offence relates to an organized criminal organization. This Convention applies exclusively to mutual assistance between contracting states. Its provisions do not create an individual`s right to obtain or exclude evidence or to obstruct the enforcement of a request for assistance. If necessary, the required state may require that the information or evidence provided remain confidential in accordance with the conditions set by the central authority. If the applicant is unable to respond to this request, the central authorities communicate in order to define conditions of confidentiality acceptable to both parties. If existing bilateral agreements between EU countries and the US are not compatible with the agreement, the EU framework should be a priority. Honiara`s statement calls for “a series of procedural and substantive measures to provide for law enforcement cooperation, mutual legal assistance in criminal matters, control of money laundering, confiscation of assets and banking regulation, extradition, combating drug offences, combating environmental offences, combating terrorism, maritime surveillance , tax cooperation, assistance to the prison administration and the resolution of indigenous issues. Other areas identified by the post-Honiara forum are human trafficking, regional security, the proliferation of small arms, identity fraud and corruption.

[Boister, Neil (2004). Transnational crime in the Pacific. The University of the South Pacific (USP).] (j) any other procedure if there is an agreement between the requesting state and the required state. 3. Legal assistance to be granted under this article may be sought for one of the following objectives: this assistance may take the form of examination and identification of persons, places and objects, transfer of custodial sentences and assistance in real estate instruments of criminal activity. In the case of the latter, MLATs between the United States and the Caribbean do not cover U.S. tax evasion, and are therefore ineffective when applied to Caribbean countries, which generally act as offshore “tax havens.” [Citation required] The Convention on Organized Crime also requires States Parties to help each other as much as possible.