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A Comprehensive Guide to International Cooperation in Mutual Legal Assistance (MLAT) between India and Other Countries

This document provides a detailed guide for international cooperation in mutual legal assistance (MLAT) between India and other countries. It outlines the procedures, requirements, and limitations for requesting assistance in various areas, including seizure/confiscation of proceeds of crime, witness statements, documentary evidence, search warrants, and asset recovery.

The guide explains how to request MLAT, including:

  • Necessary Documentation: The required documents and forms for requesting MLAT.
  • Language Requirements: The language requirements for submitting MLAT requests.
  • Urgency in Execution: The procedures for requesting urgent execution of MLAT.

Confidentiality

The guide highlights the importance of maintaining confidentiality in MLAT requests and procedures, as per:

  • Treaty/Convention Clauses: The clauses in bilateral agreements and conventions that require confidentiality.
  • Domestic Law: The domestic laws that govern confidentiality in MLAT matters.

Dual Criminality Requirements

Assistance is provided without regard to whether the conduct would be punishable under legislation of both countries or not, but underlying conduct must also be an offense in India if coercive actions are involved.

Refusal of Request

The guide explains that requests may be refused based on grounds mentioned in:

  • Bilateral Agreements/Treaties: The bilateral agreements and treaties that govern MLAT.
  • UNCAC: The United Nations Convention against Corruption (UNCAC) principles.
  • Corresponding Principles: The corresponding principles that govern MLAT.

Additional Resources

The document provides references for additional guidance on making asset recovery requests to India, including:

  • Directorate of Enforcement Website: The website of the Directorate of Enforcement.
  • Central Bureau of Investigation Website: The website of the Central Bureau of Investigation.
  • Ministry of Home Affairs Guidelines: The guidelines dated 04.12.2019, which specify the procedure for Mutual Legal Assistance.

Conclusion

This guide serves as a valuable resource for law enforcement agencies, authorities, and requesting countries seeking to collaborate with India in MLAT matters.