India to Meet Request from Foreign Country
In a significant development, the Indian government has announced its willingness to meet a request from a foreign country seeking legal assistance in an alleged crime.
Request Meets Basic Requirements
The request received by the Central Authority of India, Ministry of Home Affairs (Legal), meets the basic requirements outlined in the G20 Country Guide to Mutual Legal Assistance. The requesting country has ensured that the request for assistance is proportionate to the level of crime allegedly committed and has provided necessary documentation and information required by Indian law.
Types of Assistance Provided
The Indian government has agreed to provide legal assistance in tracing and identifying assets derived or obtained from the commission of an offence under section 3 of the Prevention of Money Laundering Act, 2002. This includes:
- Attaching property in India
- Confiscating property in India
Steps Taken by Director of Enforcement
The Director of Enforcement has been directed to take all necessary steps to trace and identify such property, which may include:
- Inquiries
- Investigations
- Surveys
Property Confiscation and Return or Disposal
In case any property is confiscated as a result of the execution of the request from the foreign state, the Central Government may either return the property to the requesting state or compensate that state by disposal of such property on mutually agreed terms. The Indian government has also announced its willingness to facilitate the return or disposal of assets to the foreign state through a formal agreement.
Point of Contact
The Special Director of Directorate of Enforcement has been identified as the point of contact for any further information or assistance required in this regard.
Additional Guidance
Requesting countries are encouraged to refer to the Directorate of Enforcement website and the UN Office on Drugs and Crime’s held from Writer Tool for additional guidance on making asset recovery requests to India.