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Requests and Evidence Orders under the Money Laundering Act 2001 of Nauru

The Money Laundering Act 2001 of Nauru provides for Requests and Evidence Orders to facilitate international cooperation in investigating and prosecuting money laundering offenses. Here are the key aspects of these provisions.

Requests Accompanied by an Evidence Order

When a Director of Public Prosecutions (DPP) needs evidence from a person within their jurisdiction, they can apply to a judge of the Supreme Court for an order to obtain that evidence. The request must be accompanied by an order issued by a competent court in the requesting State, directing the person to deliver themselves or documents/materials to the court of the requesting State.

Compliance with Request

A person served with an order must comply with its directions, either by delivering themselves to the Supreme Court or the court of the requesting State. If they fail to comply, they will be deemed immediately to have delivered themselves to the jurisdiction of the Supreme Court.

Limitations on Compliance with Request

The competent authority may refuse to comply with a request if:

• The action sought by the request is contrary to any provision of the Constitution.
• The execution of the request is likely to prejudice the national interest.

Requests to Other States

The DPP can issue requests to foreign states, accompanied by an order issued in accordance with section 25. Section 25 allows for an order directing a person resident in a foreign State to deliver themselves or documents/materials to the Supreme Court or, subject to approval from the foreign State, to the court of that state.

Evidence Pursuant to a Request

Evidence taken pursuant to a request in any proceedings in a court of a foreign State shall be received as prima facie evidence in any proceedings to which such evidence relates. A request must meet certain requirements:

• The request must confirm either that an investigation or prosecution is being conducted into a suspected money laundering offense or that a person has been convicted of a money laundering offense.
• The request must state the grounds on which any person is being investigated or prosecuted, or give details of the convictions of the person referred to in sub-section (1).
• Particulars sufficient to identify any person referred to in subsection (1) must be given.

A request must also meet certain procedural requirements:

• A request must be in writing, dated and signed by or on behalf of the person making the request.
• If sent by facsimile, it lapses if the original is not received within 14 days.