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

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Overview of MLA Requests

Brunei Darussalam has received one incoming MLA request and made four outgoing requests in the last 5 years. MLA requests can be used to obtain evidence, assets, or property located in another country.

Notable Outgoing Requests

• Three MLA requests were made to different foreign jurisdictions related to the prosecution of Ramzidah Abdul Rahman and Nabil Daraina Badaruddin for corruption and money laundering offenses.
• The requests were sent to the United Kingdom (UK) and involved obtaining evidence of properties leased by the defendants in the UK.

Institutional Framework

The Attorney General is the Central Authority for MLA matters in Brunei Darussalam. Authorized officers can execute actions required following the Central Authority’s acceptance of an MLA request, including:

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

Procedure for Making MLA Requests

A foreign country can make a formal MLA request to Brunei Darussalam through diplomatic or consular channels if required by a treaty or agreement. The MLA Secretariat provides samples of request forms on its website and encourages informal consultations before making a formal request. Requests can be made orally but must be confirmed subsequently in writing.

Challenges

There are challenges in utilizing formal channels, including:

• The procedures involved in executing a request
• Ensuring that requests are properly documented and followed up