MLA Treaty Among Likeminded ASEAN CountriesSeniorlevel Workshop on Mut - PDF document

MLA Treaty Among Likeminded ASEAN CountriesSeniorlevel Workshop on Mutual Legal Assistancein EastAsia and the Pacific Bangkok, 12 July 2012Mr. Keebong PaekSenior Prosecutorial and Judicial AdviserUNODC Regional Centre for East Asia and the Pacific Introduction Development of Treaty Jun, 2002Proposed by Malaysia at the thASLOM Jun, 2003First Meeting of AG held in Malaysia May, 2004Second Meeting of AG held in Malaysia Nov, 2004AdoptedAnd signedby 8 members of ASEAN Jan, 2006Myanmar andThailand Signed Objective of Treaty Improving the effectiveness of the law enforcement authorities of the Parties to theTreaty in the prevention, investigation andprosecutionof offences through cooperation andmutual legal assistancein criminal matters. (Stipulated in the Preamble) Introduction ContentThe widest possible measure of MLA in criminal matters (Article 1)Each Party shall designate a Central Authority to make and receive requests pursuant to this Treaty (Article 4) Execution will be in accordance with the domestic laws of the requested party with consideration for requesting party’s procedural requirements (Article 7) Treaty Text Content - Requirements, Grounds for Refusal, Authentication of Evidence have been standardized (Article 3,5 & 8) - Parties will endeavor to facilitate the grand and execution of requests through consultation (Article 26) - Any State may accede to this Treaty upon consensus by the original Parties (Article 30) - The Government of Malaysia is designated as the Depository State Treaty Text Secretariat Office Website is established within the AGC’s main homepage. Legislation, Court Cases, Expert List, Forms and Statistics (up to May 2012) and etc. Members of Treaty 9 countries of ASEAN except Thailand which signed but has not ratified yet. Focal Points and Central Authorities Can be found in the web - page, open for public. laysia AGC&#xMa-1; Key Features Requests received by Treaty Party under the Treaty * These statistics include requestsfromother ASEAN countries which have been made outside the framework of the Treaty (Retrieved from http://www.agc.gov.my/index.php?option=com_content&view=article&id=922&Itemid=39 5&lang=en . Statistics Requests made by Treaty Party under the Treaty * These statistics include requeststoother ASEAN countries which may have been made outside the framework of the Treaty (Retrieved from http://www.agc.gov.my/index.php?option=com_content&view=article&id=&Itemid=39 &lang=en . Statistics For further information:Keebong Paek, Ph.dSenior Prosecutorial and Judicial AdviserUnited Nations Office on Drugs and CrimeRegional Centre for East Asia and the PacificUN Secretariat BuildingRajdamnern Nok Avenue, Bangkok 10200THAILANDmail: keebong,paek@unodc.orghttp://www.unodc.org/eastasiaandpacific/index.htmlThank you for your attention!