Requesting Information from the Financial Investigation Agency (FIA) of the British Virgin Islands

Overview

The Financial Investigation Agency (FIA) of the British Virgin Islands provides a framework for requesting information for intelligence purposes. Two main processes are available: informal and formal.

Informal Process

Requesting Information through Direct Contact

• A law enforcement agency or Financial Intelligence Unit (FIU) can contact the FIA directly to request information.
• The requester must indicate that an alleged offence has been committed or is about to be committed.
• Provide a summary of the facts, including the entity’s/individual’s role in the commission of the alleged offence.

Obtaining Information

• The FIA will use its powers to obtain the requested information and provide it within 21 days.
• The provided information is for intelligence purposes only.

Formal Process

Requesting Information through Diplomatic Channels

• Information can be requested through Mutual Legal Assistance Treaties (MLAT) or the Criminal Justice (International Co-operation Act) 1993.
• A request must come from a recognized Central Authority, court, or tribunal of a foreign jurisdiction with the authority to make such a request.

Requirements for Formal Requests

• The request must establish grounds for believing that an offence has been committed and show why the information is present in the Virgin Islands.
• Criminal proceedings must have either been instituted or that an investigation is being carried out.

Choosing the Right Process

The FIA advises considering the informal process before invoking the formal process, as it saves time, provides intelligence that can assist in building a case, fills intelligence gaps, and may point the requester in the right direction regarding non-resident individuals or entities.