Financial Crime World

A Guide to International Cooperation and Mutual Legal Assistance in Asset Recovery Matters in Singapore

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Submission of MLA Requests

When submitting mutual legal assistance (MLA) requests to Singapore, it is essential to follow the guidelines outlined below.

Template Request Forms

  • MLA requests must be submitted in English.
  • Use the template request forms provided in Chapter V.

Mode of Transmission

MLA requests can be sent via:

  • Ordinary or registered mail
  • Diplomatic channels
  • Email (for urgent matters)

Contents of Request

The request should meet both formal and substantive requirements under Singapore law.

Formal Requirements

  • Made to the Attorney-General of Singapore: The request must be addressed to the Attorney-General.
  • Underlying Purpose: Include a statement explaining the underlying purpose for the request, such as investigations, trials, or enforcement of court orders.
  • Initiated by Central Authority or Authorized Authority: Ensure that the request is initiated by the Central Authority or an authorized authority.
  • Description of Foreign Offences: Describe the foreign offences, maximum penalties, and relevant legislation.
  • Confidentiality Clause: May include a confidentiality clause to protect sensitive information.
  • Procedure Description: Include a description of the procedure for handling the request.
  • Upcoming Events Clarifying Urgency: Describe any upcoming events that clarify the urgency of the request.
  • Mandatory Assurances and Undertakings: Include mandatory assurances and undertakings.

Substantive Requirements

The substantive requirements vary according to the type of assistance sought, with a focus on asset recovery matters such as:

  • Retrieving bank records
  • Restraining assets
  • Confiscating assets

Requests for Bank Records

When requesting bank records, include:

  • Statement of Facts: A statement setting out background information, facts supporting allegations, and correlation between identified bank accounts and alleged offences.
  • Foreign Law Immunity Certificate: May require a Foreign Law Immunity Certificate declaring the foreign authorities’ power to compel production of documents.

Best Practice Tips

  • Use template request forms
  • Consult checklists and reference materials available on the Central Authority’s webpage