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Brunei Darussalam’s Experience with Mutual Legal Assistance (MLA) Requests

Overview

In recent years, Brunei Darussalam has made significant efforts to strengthen its capabilities in responding to Mutual Legal Assistance (MLA) requests under CARO. This article provides an overview of the country’s experience with MLA requests and highlights key aspects of its institutional framework, request forms and procedures, and authorized officers.

Brunei Darussalam’s Experience

• In the last 5 years, Brunei Darussalam has received one MLA request from a foreign country and made four requests for assistance.
• The most notable outgoing requests were related to the prosecution of Ramzidah Abdul Rahman and Nabil Daraina Badaruddin, who were convicted of money laundering and corruption.

Institutional Framework

The Attorney General is the Central Authority for all MLA matters in Brunei Darussalam. Any request for assistance must be made to the Attorney General, who may delegate powers to a public officer. An MLA Secretariat was established to assist the Attorney General in discharging his responsibilities.

Request Forms and Procedures

• Samples of request forms are available on the Attorney General’s Chambers website.
• Requests can be made orally but must be confirmed subsequently in writing.
• It is not necessary for requests to be sent through diplomatic or consular channels unless required to do so by a treaty, memorandum of understanding or other agreement.

Authorized Officers

Authorized officers are officials who execute actions required following the Central Authority’s acceptance of an MLA request. These include:

• Officials from the Narcotics Control Bureau
• Anti-Corruption Bureau
• Police officers
• Other persons appointed by the Minister