MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS TREATIES (MLATs) and OTHER AGREEMENTS DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL. Criminal Cases Mutual Legal Assistance in Criminal Matters Treaties: Mutual Legal Assistance in Criminal Matters Treaties (MLATs) are relatively recent development. They seek to improve the effectiveness of judicial assistance and to regularize and facilitate its procedures. Each country designates a central authority, generally the two Justice Departments, for direct communication. The treaties include the power to summon witnesses, to compel the production of documents and other real evidence, to issue search warrants, and to serve process. Generally, the remedies offered by the treaties are only available to the prosecutors. The defense must usually proceed with the methods of obtaining evidence in criminal matters under the laws of the host country which usually involve letters rogatory. See "Questions" below. MLAT Treaties in Force: I. The United States has bilateral Mutual Legal Assistance Treaties (MLAT) currently in force with: Anguilla*, Antigua/Barbuda, Argentina, Australia, Austria, Bahamas, Barbados, Belgium, Brazil, British Virgin Islands, Canada, Cayman Islands*, Cyprus, Czech Republic, Dominica, Egypt, Estonia, Greece, Grenada, Hong Kong, Hungary, Israel, Italy, Jamaica, Korea (South), Latvia, Lithuania, Luxembourg, Mexico, Montserrat*, Morocco, Netherlands, Panama, Philippines, Poland, Romania, St. Kitts-Nevis, St. Lucia, St. Vincent, Spain, Switzerland, Thailand, Trinidad, Turkey, Turks and Caicos Islands*, Ukraine, United Kingdom, Uruguay. *Treaty with the United Kingdom concerning the Cayman Islands relating to Mutual Legal Assistance in Criminal Matters. This MLAT was extended to Anguilla, the British Virgin Islands, and the Turks and Caicos Islands on Nov. 9, 1990, and to Montserrat on April 26, 1991. OTHER INTERNATIONAL AGREEMENTS Executive Agreements: A number of executive agreements have entered into force between the United States and the Cayman Islands, the British Virgin Islands, Montserrat, Anguilla, Turks and Caicos, Haiti, Nigeria and the United Kingdom. Generally speaking, executive agreements have been limited to narcotics cases and have served as the first step towards agreement on a more expansive mutual assistance treaty. For additional information, contact the Office of International Affairs, Criminal Division, Department of Justice or the Office of the Legal Adviser for Law Enforcement and Intelligence, Department of State. SEC Arrangements: The Securities and Exchange Commission (SEC) has developed informal, case-by-case understandings that facilitate the production of information from other countries. These range from Memoranda of Understanding to frameworks for cooperation to less specific exchanges and undertakings. Countries in question include Switzerland, Japan, Canada, Brazil, Netherlands, France, Mexico, Norway, Argentina, Spain, Italy, Chile, Australia, United Kingdom, Sweden, South Africa, Germany, Luxembourg, and Hungary, as well as Joint Statements of Cooperation with the European Union (EU). See Mann, Mari & Lavdas, International Agreements and Understands for the Production of Information and Other Mutual Assistance, The Int'l Law, Vol. 29, No. 4, 780, 838 (1995). See also, Transnational Initiatives, Cumulative Digest of United States Practice in International Law, 1981-1988, Department of State, Vol. II, 1495, 1510 (1994); Mann and Mari, Developments in International Securities Law Enforcement and Regulation, Securities Regulation Seminar, October 24, 1990, Los Angeles, California. For information about SEC Understandings with foreign securities officials, contact the Securities and Exchange Commission, Enforcement Division, Office of International Affairs. Narcotics Agreements: United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances with annex and final act. Done at Vienna December 20, 1988. Entered into force November 11, 1990. Article 7 of this Convention to obtain evidence from other countries party to it without the need to use the cumbersome, time consuming letters rogatory process. For information, contact the Office of the Legal Adviser for Law Enforcement and Intelligence of the Department of State or the Office of International Affairs, Criminal Division, Department of Justice. Not in Force: Inter-American Convention on the Taking of Evidence Abroad (14 Int'l Legal Materials 328 (1975) and Additional Protocol 24 Int'l Legal Materials 472 (1985). The United States has not signed or transmitted either document to the Senate for advice and consent to ratification. See also: Low, "International Judicial Assistance Among the American States: Inter-American Conventions", 18 Int'l Law. 705 (1984). Asian-African Legal Consultative Committee, draft bilateral arrangements for mutual assistance for the taking of evidence abroad in civil or commercial matters, 25 ILM 920-934, No. 4 (July 1986), together with explanatory notes at 934-956. The United States is not a party to this agreement. SELECTED REFERENCES: Ellis & Pisani, The United States Treaties on Mutual Assistance in Criminal Matters: A Comparative Analysis, 19 Int'l Law. 189 (1985). Knapp, Mutual Legal Assistance Treaties as a Way to Pierce Bank Secrecy, 20 J. of Int'l L. 405, 434 (1988). Nadelmann, Negotiations on Criminal Law Assistance Treaties, 33 Am. J. Comp. L. 467 (1985). Nash, Cumulative Digest of United States Practice in International Law, 1981-1988, Department of State, Vol. II, 1449, 1488 (1994). Ristau & Abbell, Vol. 3, International Judicial Assistance (Criminal), Sec. 12-4-1 - 12-4-8 (1995). U.S. Attorney's Manual 9-15, October 1, 1988. ADDITIONAL INFORMATION: The Office of American Citizens Services has available general information flyers on international judicial assistance many of which are available through our automated fax system or via our Internet Consular Affairs Home Page. These topics include country-specific information about service of process and obtaining evidence abroad. Using the Internet: Many of our judicial assistance flyers are also available on the Internet via the Department of State, Bureau of Consular Affairs home page under Judicial Assistance . See also, the Department of State, Office of the Legal Adviser for Private International Law home page for information about the work of the Hague Conference on Private International Law and the OAS in private international law unification. See also the home pages for many of our embassies. Treaty Databases on the Internet: Information on which countries are party to a particular treaty is available from the following databases: United States Department of State, Office of the Legal Adviser, Treaty Affairs, List of Treaties and Other International Agreements of the United States In Force: United Nations (UN): Databases/Treaties Council of Europe (COE) under Texts/Treaties Organization of American States (OAS): under Documents/Treaties and Conventions. QUESTIONS: For additional information about the letters rogatory process or other non-MLAT procedures, contact the appropriate geographic division of the Office of American Citizens Services and Crisis Management at telephone (202) 647-5226. For specific information about MLATs, prosecutors may contact the Office of International Affairs, Criminal Division, Department of Justice, Washington, D.C. 20530, tel: (202) 514-0015 or the Office of the Legal Adviser, Department of State, Law Enforcement and Intelligence (L/LEI), Washington, D.C. 20520, tel: (202) 647-5111. Return to Judicial Assistance Page
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