ID :
42490
Sat, 01/24/2009 - 17:32
Auther :
Shortlink :
https://oananews.org//node/42490
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MALAYSIA-US TREATY ON CRIMINAL MATTERS ENFORCED By Salmy Hashim
WASHINGTON, Jan 24 (Bernama) -- The United States-Malaysia Mutual Legal Assistance Treaty (MLAT) on criminal matters has come into force, providing a useful tool for both countries to fight international terrorism and other forms of crime more effectively.
The two countries, represented by Malaysian Charge D'Affaires, Ilango
Karuppannan, and US Assistant Secretary of State for East Asia and Pacific
Affairs, Ambassador Christopher Hill, signed the protocol for the exchange of
the instruments of ratification of the treaty at the State Department here
Wednesday.
Ilango said of the treaty, signed on the first full day of the new US
Administration under President Barack Obama: "It symbolizes a new beginning for
Malaysia-US relations."
Hill said this was the first exchange of instruments since the new
administration was sworn in - "a very important day for us here - a culmination
of a long and difficult process.
"It demonstrates both our countries' commitment to uphold the rule of law in
fighting transnational crime. US-Malaysia cooperation in law enforcement is
really excellent over the years and the treaty, which enters into force today,
strengthens protection for our people against drug traffickers, money
launderers, human traffickers," he said.
Under MLAT, authorities from both countries would be able to assist each
other in criminal investigations and proceedings.
Mutual assistance includes taking of evidence, statements, arranging for
persons to travel to the other country to provide evidence or assist in criminal
investigations, serving documents, executing searches and seizures, locating and
identifying persons, items or places, examining objects and sites, freezing and
forfeiting assets or property and collecting fines, and identifying or tracing
proceeds of crime, Ilango said.
David Buchholz, an attorney-adviser at the Department of State,
explained that the treaty was designed to get evidence from one country for
criminal proceedings in another country - for example, transnational crime - a
person commits crime in the US and hides the proceeds in a bank in Kuala Lumpur
- this (treaty) would facilitate obtaining of the bank records in Kuala Lumpur.
He pointed out that this was not an extradition treaty. "But there are
times, in order to get testimony in legal proceedings in the United States,
witnesses in Malaysia have to travel to the United States - what this does is
provide the framework how this people can travel to the United States."
However, there are limitations on assistance under MLAT. The central
authority, in this case the attorney general, may refuse assistance if the
request relates to political offence; relates to an offence under the military,
law; or the request would prejudice the sovereignty, security, public order or
other essential interest of the requested state.
A country may also refuse assistance if that country believed that the
request was made for the purpose of investigating, prosecuting or punishing a
person based on the person's race, religion, sex, ethnic origin, nationality or
political opinion.
Among the agencies that would be involved within the MLAT framework are the
Police, the Immigration and the Customs as well other bodies such as the Central
Bank, Companies Commission and the Federal Bureau of Investigation.
The United States first made the proposal for a Mutual Legal Assistance
Treaty in 1996. After several rounds of consultations, formal negotiations began
in March 2004 and were concluded in February 2006.
The treaty was officially signed in Malaysia in July 2006 in conjunction
with the visit of then Secretary of State Dr Condoleezza Rice to Malaysia to
attend the 11th Asean Ministerial Meeting/Post Ministerial Conferences and the
Asean Regional Forum meeting.
Before Malaysia could negotiate such a treaty, it had to put in place an act
called the Mutual Assistance in Criminal Matters (MACM) Act in 2002 to enable
Malaysian authorities to work with foreign countries.
Once this step was completed, Malaysia took a further step by proposing that
the Asean member countries sign an Asean Mutual Legal Assistance Treaty.
As a result of Malaysia's initiative, the Treaty on Mutual Legal Assistance
in Criminal Matters among like-minded Asean member countries was signed on Nov
29 2006. Malaysia also acts as the secretariat for the Asean MLAT.
"Simply said, both countries - indeed Southeast Asia and the world - will
share the benefits of working together, and MLAT is a step in the right
direction," Ilango said at the signing ceremony.
The United States has similar treaties with more than 60 countries.
-- BERNAMA
The two countries, represented by Malaysian Charge D'Affaires, Ilango
Karuppannan, and US Assistant Secretary of State for East Asia and Pacific
Affairs, Ambassador Christopher Hill, signed the protocol for the exchange of
the instruments of ratification of the treaty at the State Department here
Wednesday.
Ilango said of the treaty, signed on the first full day of the new US
Administration under President Barack Obama: "It symbolizes a new beginning for
Malaysia-US relations."
Hill said this was the first exchange of instruments since the new
administration was sworn in - "a very important day for us here - a culmination
of a long and difficult process.
"It demonstrates both our countries' commitment to uphold the rule of law in
fighting transnational crime. US-Malaysia cooperation in law enforcement is
really excellent over the years and the treaty, which enters into force today,
strengthens protection for our people against drug traffickers, money
launderers, human traffickers," he said.
Under MLAT, authorities from both countries would be able to assist each
other in criminal investigations and proceedings.
Mutual assistance includes taking of evidence, statements, arranging for
persons to travel to the other country to provide evidence or assist in criminal
investigations, serving documents, executing searches and seizures, locating and
identifying persons, items or places, examining objects and sites, freezing and
forfeiting assets or property and collecting fines, and identifying or tracing
proceeds of crime, Ilango said.
David Buchholz, an attorney-adviser at the Department of State,
explained that the treaty was designed to get evidence from one country for
criminal proceedings in another country - for example, transnational crime - a
person commits crime in the US and hides the proceeds in a bank in Kuala Lumpur
- this (treaty) would facilitate obtaining of the bank records in Kuala Lumpur.
He pointed out that this was not an extradition treaty. "But there are
times, in order to get testimony in legal proceedings in the United States,
witnesses in Malaysia have to travel to the United States - what this does is
provide the framework how this people can travel to the United States."
However, there are limitations on assistance under MLAT. The central
authority, in this case the attorney general, may refuse assistance if the
request relates to political offence; relates to an offence under the military,
law; or the request would prejudice the sovereignty, security, public order or
other essential interest of the requested state.
A country may also refuse assistance if that country believed that the
request was made for the purpose of investigating, prosecuting or punishing a
person based on the person's race, religion, sex, ethnic origin, nationality or
political opinion.
Among the agencies that would be involved within the MLAT framework are the
Police, the Immigration and the Customs as well other bodies such as the Central
Bank, Companies Commission and the Federal Bureau of Investigation.
The United States first made the proposal for a Mutual Legal Assistance
Treaty in 1996. After several rounds of consultations, formal negotiations began
in March 2004 and were concluded in February 2006.
The treaty was officially signed in Malaysia in July 2006 in conjunction
with the visit of then Secretary of State Dr Condoleezza Rice to Malaysia to
attend the 11th Asean Ministerial Meeting/Post Ministerial Conferences and the
Asean Regional Forum meeting.
Before Malaysia could negotiate such a treaty, it had to put in place an act
called the Mutual Assistance in Criminal Matters (MACM) Act in 2002 to enable
Malaysian authorities to work with foreign countries.
Once this step was completed, Malaysia took a further step by proposing that
the Asean member countries sign an Asean Mutual Legal Assistance Treaty.
As a result of Malaysia's initiative, the Treaty on Mutual Legal Assistance
in Criminal Matters among like-minded Asean member countries was signed on Nov
29 2006. Malaysia also acts as the secretariat for the Asean MLAT.
"Simply said, both countries - indeed Southeast Asia and the world - will
share the benefits of working together, and MLAT is a step in the right
direction," Ilango said at the signing ceremony.
The United States has similar treaties with more than 60 countries.
-- BERNAMA
