Financial Crime World

Tuvalu’s Implementation of the United Nations Convention against Transnational Organized Crime

Overview

The United Nations Convention against Transnational Organized Crime (UNTOC) is a key international instrument aimed at combating transnational organized crime. Tuvalu, as a member state of the United Nations, has committed to implementing this convention. This article provides an overview of Tuvalu’s implementation of UNTOC, focusing on extradition, transfer of sentenced persons and proceedings, and mutual legal assistance.

Extradition (Article 44)

Extradition is governed by the Extradition Act, which applies to Commonwealth countries and treaty countries. Key points regarding extradition in Tuvalu include:

Designation of Countries

  • Tuvalu has not designated any non-treaty countries for extradition purposes.

Extradition Offences

  • Extradition offences are punishable by death or imprisonment for more than a year, subject to the dual criminality requirement.
  • The dual criminality requirement is strictly applied; however, Convention offences that Tuvalu has not criminalized are excluded.

Transfer of Sentenced Persons and Proceedings (Articles 45 and 47)

There is currently no law or practice on:

Transfer of Sentenced Persons

  • Apart from the Scheme for the Transfer of Convicted Offenders with the Commonwealth.
  • No legislation or procedure exists in this area.

Transfer of Criminal Proceedings

  • There is also no law or practice regarding the transfer of criminal proceedings.

Mutual Legal Assistance (Article 46)

Mutual legal assistance is governed by the Mutual Assistance in Criminal Matters Act. Key points include:

Treaties and Agreements

  • Tuvalu has not entered into any MLA treaties, but is a party to the Scheme Relating to Mutual Assistance in Criminal Matters within the Commonwealth.
  • The Attorney-General has discretion to refuse assistance where dual criminality is not met.

Recommendations for Improvement

The report highlights several areas that require attention and improvement:

  • Developing Model Legislation: Drafting or advisory support for stakeholders
  • Capacity Building: Strengthening Tuvalu’s capacity to detect money-laundering
  • Streamlining Procedures: Evidentiary requirements for extradition and MLA requests
  • Establishing a Central Authority: Notifying the United Nations of acceptable language(s) for MLA.