After reading “May A Foreign State Make A Request For Assistance In The Investigation Or Prosecution Of A Money Laundering Offense?”, read also “What Is Option Trading?”
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Mutual Legal Assistance is the formal method of cooperation between two States the purpose of seeking assistance in the production of documents, asset freezing and forfeiture, extradition, enforcement of foreign judgment, and other kinds of legal assistance in criminal matters.
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The legal assistance sought by the Requesting Party from the Requested Party is not without limitations.
Yes. A foreign State may make, and the Philippines may execute, a Mutual Legal Assistance request pursuant to conventions, treatises, and international agreements over which the Philippines is a party. The principles of mutuality and reciprocity shall, at all times, be recognized.
Mutual Legal Assistance refers to the formal method of cooperation between two jurisdictions for purposes of seeking assistance in the production of documents, asset freezing and forfeiture, extradition, enforcement of foreign judgment, and other kinds of legal assistance in criminal matters.
Jurisprudence says:
“Mutual legal assistance can be rendered by the state parties in case of taking evidence or obtaining voluntary statements from persons, among others.” (People of the Philippines vs. Maria Cristina P. Sergio, G.R. No. 240053, October 09, 2019)
Where a foreign State makes a request for assistance in the investigation or prosecution of a money laundering offense, the Anti-Money Laundering Council (AMLC) may execute the request or refuse to execute the same and inform the foreign State of any valid reason for not executing the request or for delaying the execution thereof.
As an International Cooperation Advocate, the AMLC shall receive and take action in respect of any request from foreign States for assistance in their own Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) operations as provided in the AMLA. In pursuant thereto, the AMLC shall formulate clear and efficient processes for the timely prioritization and execution of requests for mutual legal assistance and international cooperation concerning Money Laundering and Terrorism Financing (ML/TF) and the associated unlawful activities. The AMLC shall likewise ensure that its responsible unit for mutual legal assistance is provided with adequate financial, human and technical resources.
When may the AMLC refuse to comply with any request for assistance?
The law says:
The AMLC may refuse to comply with any request for assistance where the action sought by the request contravenes any provision of the Constitution or the execution of a request is likely to prejudice the national interest of the Philippines unless there is a treaty between the Philippines and the requesting State relating to the provision of assistance in relation to money laundering offenses. (D, Rule 13, 2016, Revised Implementing Rules and Regulations of RA No. 9160)
In acting on the request for assistance from a foreign state, the AMLC may do so by:
- tracking down, freezing, restraining and seizing assets alleged to be proceeds of any unlawful activity under the procedures laid down in the AMLA;
- giving information needed by the foreign State within the procedures laid down in the AMLA; and
- applying for an order of forfeiture of any monetary instrument or property in the court: Provided, That the court shall not issue such an order unless the application is accompanied by an authenticated copy of the order of a court in the requesting State ordering the forfeiture of said monetary instrument or property of a person who has been convicted of a money laundering offense in the requesting State, and a certification or an affidavit of a competent officer of the requesting State stating that the conviction and the order of forfeiture are final and that no further appeal lies in respect of either. (b, Section 13, RA No. 9160)
What must Foreign States provide for in a request for Mutual Assistance?
The law says:
Foreign states, in a request for Mutual Assistance, must:
- confirm that an investigation or prosecution is being conducted in respect of a money launderer named therein or that he has been convicted of any money laundering offense;
- state the grounds on which any person is being investigated or prosecuted for money laundering or the details of his conviction;
- give sufficient particulars as to the identity of said person;
- give particulars sufficient to identify any covered institution believed to have any information, document, material or object which may be of assistance to the investigation or prosecution;
- ask from the covered institution concerned any information, document, material or object which may be of assistance to the investigation or prosecution;
- specify the manner in which and to whom said information, document, material or object obtained pursuant to said request, is to be produced;
- give all the particulars necessary for the issuance by the court in the requested State of the writs, orders or processes needed by the requesting State; and
- contain such other information as may assist in the execution of the request. (e, Section 13, RA No. 9160)
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