Combating Corruption through Effective Use of MLA Requests
In recent years, Brunei Darussalam has made significant strides in combating corruption by leveraging mutual legal assistance (MLA) requests with foreign countries. This article highlights the importance of effective communication and cooperation between law enforcement agencies and central authorities.
The Importance of MLA Requests
According to a recent report, Brunei Darussalam received one MLA request over the past five years and made four requests for assistance to other countries. In several notable cases, the country used MLA requests to secure crucial evidence in high-profile corruption investigations.
A Notable Case: Ramzidah Abdul Rahman and Nabil Daraina Badaruddin
One such case involved the prosecution of Ramzidah Abdul Rahman and Nabil Daraina Badaruddin, who were accused of criminal breach of trust and money laundering. The investigation began with a suspected offense under the Prevention of Corruption Act, which eventually led to the discovery of misappropriated funds worth B$15.75 million.
To gather evidence in the UK, Brunei Darussalam made an MLA request to the British authorities. Although the documents received were not used in the criminal trial, they proved invaluable in subsequent civil forfeiture proceedings.
Effective Communication and Cooperation
Brunei Darussalam’s experience underscores the importance of effective communication and cooperation between law enforcement agencies and central authorities. The country’s Attorney General serves as the Central Authority for all MLA matters, with a dedicated MLA Secretariat established to assist in receiving and transmitting requests for assistance.
- Samples of request forms are available on the Attorney General’s Chambers website.
- The Secretariat encourages informal consultations prior to the making of a formal MLA request by email to evaluate whether the request can be complied with otherwise.
Authorized Officers
Authorized officers, including officials from the Narcotics Control Bureau and Anti-Corruption Bureau, as well as police officers, have been appointed to execute actions required following the Central Authority’s acceptance of an MLA request.
Brunei Darussalam as a Model for International Cooperation
Despite challenges in utilizing formal channels, Brunei Darussalam has demonstrated its commitment to combating corruption through effective use of MLA requests. The country’s experience serves as a model for other nations seeking to strengthen international cooperation in this area.
Requests by and to Brunei Darussalam
Requests by Brunei Darussalam
- Request an appropriate authority of a foreign country to arrange for the enforcement of a confiscation or forfeiture order, benefit recovery order, or restraining order made in Brunei Darussalam against property believed to be located in that foreign country.
- Seek assistance in obtaining warrants, orders, or other instruments necessary for the search, location, and production of property suspected to be tainted property.
Requests to Brunei Darussalam
- A foreign country may request the Attorney General to apply for a restraining order against property or enforce foreign restraining, confiscation, and benefit recovery orders against property located in Brunei Darussalam.
- A foreign country may also seek assistance in locating property believed to be the proceeds of a serious crime committed in its country.