By Asian Development Bank
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Extra info for Asset Recovery and Mutual Legal Assistance in Asia and the Pacific: Proceedings of the 6th Regional Seminar on Making International Anti-Corruption St
Several of the Initiative‘s members have no legislation whatsoever that applies to MLA. On the whole, many members need to enact new MLA framework laws or bolster existing ones. Dual Criminality The review also examined some specific features of the members‘ MLA legislation, such as whether dual criminality is a precondition for assistance. Recent multilateral instruments advocate a more flexible and inclusive approach to dual criminality, for instance, by making the requirement optional or eliminating it for noncoercive forms of assistance.
This is to be considered an average year because just a handful of these requests considered corruption cases. Of course, this was the year before implementing the UNCAC treaty. In 2006, the Netherlands only received three requests from the Asian and Pacific region (from the People‘s Republic of China; Hong Kong, China; and Indonesia). The average time to handle incoming requests is 2 months for an uncomplicated MLA-request and 6 months for a complex one, for instance, when a coercive measure is involved.
Nihal Jayawickrama, Jeremy Pope, and Oliver Stolpe. 2002. Forum on Crime and Society, Vol. 2, No. 1, pp. 28–29. December). 4 General Assembly Resolution 45/117 of 14 December 1990; International Legal Materials. 1991. 1421. ‖ In paragraph 2: ADB/OECD Anti-Corruption Initiative for Asia and the Pacific Legal and institutional challenges in mutual legal assistance 57 The requested Party shall provide such information as many be required by the requesting Party concerning the result of any search, the place of seizure, the circumstances of seizure, and the subsequent custody of the material seized.