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Malaysia-US Treaty On Criminal Matters Enforced

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
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1/27/09