Financial Crime World

Brunei Darussalam’s Experience with Mutual Legal Assistance in Criminal Matters

Overview of Brunei Darussalam’s MLA Regime

Brunei Darussalam has been at the forefront of efforts to combat international financial crimes through its mutual legal assistance (MLA) regime. Since 2005, the country has received six requests for assistance and made three requests of its own.

Key Facts About Brunei Darussalam’s MLA Regime

  • Governed by the Mutual Assistance in Criminal Matters Order (MACMO) of 2005
  • Member of the Commonwealth Harare Scheme
  • Has received six requests for assistance and made three requests of its own since 2005

Challenges in Executing MLA Requests

Despite the efforts to combat international financial crimes, there are challenges that need to be addressed in the execution of MLA requests. These include:

  • Urgency Not Recognized: The urgency of the request not being recognized can lead to delays in the process.
  • Uncertainty Over Procedure: Uncertainty over procedure when diplomatic channels are used can cause confusion and delays.
  • Misunderstanding About “Fishing Expeditions”: There is a common misunderstanding about the use of MLA for “fishing expeditions,” which can lead to unnecessary requests.
  • Limited Feedback and Communication: Limited feedback and communication from the Central Authority of Foreign Countries can make it difficult to navigate the process.
  • Access to MLA Laws: Limited access to MLA laws can make it challenging to understand the requirements and procedures.
  • Procedural Requirements: Procedural requirements can be complex and time-consuming, leading to delays in the process.

A New Approach

To address these challenges, a new approach has been suggested. This includes:

Using a Questionnaire Template

  • The Brunei Questionnaire is a template completed by Law Enforcement Agencies (LEAs) to draft requests to foreign Central Authorities.
  • The questionnaire addresses factors such as:
    • Country to which the request is being made
    • Whether the request has been made before
    • What assistance is being sought

Engagement with LEAs

  • Encouraging LEAs to use MLA more effectively
  • Holding workshops and establishing liaisons to improve communication and collaboration

Key Takeaways

The success of MLA is dependent on the knowledge and flexibility of authorities who operate it. The bridging of differences between legal systems can only be realized if authorities approach mutual assistance requests with a view to overcoming differences, not entrenching them.

Contact Information

For more information or to discuss this topic further, please contact: