Mutual Legal Assistance (MLAT) and Other Agreements

DISCLAIMER : THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.

Criminal Cases Mutual Legal Assistance in Criminal Matters Treaties: Since the first U.S. bilateral Mutual Legal Assistance Treaty (MLAT) entered into force with Switzerland in 1977, our MLATs have become increasingly important. They seek to improve the effectiveness of judicial assistance and to regularize and facilitate its procedures. Each country designates a central authority, generally the two Justice Departments, for direct communication. The treaties include the power to summon witnesses, to compel the production of documents and other real evidence, to issue search warrants, and to serve process. Generally, the remedies offered by the treaties are only available to the prosecutors. The defense must usually proceed with the methods of obtaining evidence in criminal matters under the laws of the host country, which usually involve letters rogatory . See also general information in Obtaining Evidence Abroad .

PROSECUTORS: contact the Office of International Affairs , Criminal Division, Department of Justice, Washington, D.C. 20530, tel: (202) 514-0015.

CRIMINAL DEFENSE COUNSEL: For additional information about the letters rogatory process or other non-MLAT procedures, see our judicial assistance home page and judicial assistance country specific page . If the information you require is not available there, contact the appropriate geographic division of the Office of American Citizens Services and Crisis Management at (202) 647-5226.

TREATY NEGOTIATION ISSUES: Contact the Office of the Legal Adviser, Department of State, Law Enforcement and Intelligence (L/LEI), Washington, D.C. 20520, tel: (202) 647-5111.

OTHER U.S. GOVERNMENT WEB MATERIALS:

9 Criminal Resource Manual 276 Treaty Requests

U.S. Department of Justice, Tax Division Reading Room – Obtaining Foreign Evidence and Other Types of Assistance in Criminal Tax Cases

BILATERAL MUTUAL LEGAL ASSISTANCE TREATIES IN FORCE

The United States now has the following MLATs in force, unless otherwise noted as being signed but not in force. This list is subject to change. See Treaties in Force and Treaty Actions for the most recent information.

Country	Entered Into Force (or signed, not yet in force, where noted)	Citations
Antigua and Barbuda	July 1, 1999	Treaty Doc. 105-24 105^th Cong., 1^st Sess. Exec. Rept. 105-22, 105^th Cong., 2^nd Sess.
Argentina	February 9, 1993	Treaty Doc. 102-18, 102^nd Cong., 1^st Sess., Exec. Rept. 102-33, 102^nd Cong., 1^st Sess.
Australia	September 30, 1999	Treaty Doc. 105-27, 105^th Cong., 1^st Sess. Exec. Rept. 105-22, 105^th Cong., 2^nd Sess.
Austria	August 1, 1998	Treaty Doc. 104-21, 104^th Cong., 1^st Sess., Exec. Rept. 104-24, 104^th Cong., 2^nd Sess.
Bahamas	July 18, 1990	Treaty Doc. 100-17, 100^th Cong. 2^nd Sess. Exec. Rept. 100-30, 100^th Cong. 2^nd Sess.
Barbados	March 3, 2000	Treaty Doc. 105-23, 105^th Cong., 1^st Sess., Exec. Rept. 105-22, 105^th Cong. 2^nd Sess
Belize	January 7, 2003	Treaty Doc. 107-13 U.S. Belize MLAT Press Release
Belgium	January 1, 2000	Treaty Doc. 100-16, 100^th Cong., 2^nd Sess., Exec. Rept. 100-29, 100^th Cong., 2d Sess. Exec. Rept. 101-11, 101^st Cong., 1^st Sess.
Brazil	February 21, 2001	Treaty Doc. 105-42 105^th Cong. 2^nd Sess., Exec. Rept 105-22, 105^th Cong, 2^nd Sess.
Canada	January 24, 1990	Treaty Doc. 100-14; 100^th Cong., 2^nd Sess. Exec. Rept. 100-28; 100^th Cong, 2^nd Sess. Exec. Rept 101-10; 101^st Cong., 1^st Sess. XXIV ILM No. 4, 7/85, 1092-1099. Canada Mutual Legal Assistance in Criminal Matters (OAS) Canadian Central Authorities (RCMP) MLATs: Investigator’s Guide to Seeking Assistance Through the Department of Justice (RCMP) Alternative Approaches to Combating Transnational Crime
Colombia	Signed August 20, 1980 (Not in Force)	Treaty Doc. 97-11, 97^th Cong. 1^st Sess. Exec Rept 97-35
Cyprus	September 18, 2002	Treaty Doc. 106-35, 106 Cong. 2^nd Sess. Exec. Rept 106-24, 106 Cong. 2^nd Sess.
Czech Republic	May 7, 2000	Treaty Doc. 105-47, 105^th Cong., 2^nd Sess., Exec. Rept. 105-22, 105^th Cong. 2^nd Sess.
Dominica	May 25, 2000	Treaty Doc. 105-24, 105^th Cong., 1^st Sess., Exec. Rept. 105-22; 105^th Cong. 2^nd Sess.
Egypt	November 29, 2001	Treaty Doc. 106-19, 106^th Cong. 2^nd Sess., Exec. Rept. 106-24, 106^th Cong, 2^nd Sess.
Estonia	October 20, 2000	Treaty Doc. 105-52, 105^th Cong., 2^nd Sess., Exec. Rept. 105-22, 105^th Cong. 2^nd Sess.
European Union	Signed June 25, 2003 (Not in Force)	Agreement on Mutual Legal Assistance Between European Union and United States of America (EU site) U.S. Signs Pacts With Three European Nations U.S. Mission to EU – U.S. Signs Accords with Sweden, Finland, Belgium
Finland	Signed December 16, 2004 (Not in Force)
France	December 1, 2001	Treaty Doc. 106-17, 106^th Cong. 2^nd Sess., Exec. Rept 106-24, 106^th Cong. 2^nd Sess.
Germany	Signed October 14, 2003 (Not in Force)
Greece	November 20, 2001	Treaty Doc. 106-18, 106^th Cong. 2^nd Sess., Exec. Rept. 106-24, 106^th Cong, 2^d Sess.
Grenada	September 14, 1999	Treaty Doc. 15-24, 105^th Cong. 1^st Sess., Exec. Rept. 105-22, 105^th Cong., 2^d Sess.
Hong Kong SAR	January 21, 2000	Treaty Doc. 105-6 , 105^th Cong., 1^st Sess., Exec. Rept. 105-22; 105^th Cong., 2^d Sess.
Hungary	March 18, 1997	Treaty Doc. 104-20, 104^th Cong., 1^st Sess. Exec Rept. 104-25, 104^th Cong. 2^d Sess.
India	October 3, 2005	Treaty Doc. 107-3 , 107^th Cong., 2^d Sess.
Ireland	Signed January 18,2001 (Not in Force)	Treaty Doc. 107-9, 107^th Cong., 2^d Sess.
Israel	May 25, 1999	Treaty Doc. 105-40, 105^th Cong., 2d Sess., Exec. Rept. 105-22, 105^th Cong., 2d Sess.
Italy	November 13, 1985	Sen. Ex. 98-25, Exec. Rept. 98-36, 98^th Cong., 2d Sess.
Jamaica	July 25, 1995	Treaty Doc. 102-16, 102d Cong., 1^st Sess., Exec. Rept. 102-32, 102d Cong., 1^st Sess.
Japan	Signed August 5, 2003 (Not in Force)	Treaty Doc. 108-12. Japanese Ministry of Foreign Affairs, Signing of MLAT with United States
Korea	May 23, 1997	Treaty Doc. 104-1, 104^th Cong., 1^st Sess., Exec. Rept. 104-22; 104^th Cong. 2d Sess.
Latvia	September 17, 1999	Treaty Doc. 105-34, 105^th Cong., 2d Sess., Exec. Rept. 105-22; 105^th Cong., 2^nd Sess.
Liechtenstein	August 1, 2003	Treaty Doc. 107-16
Lithuania	August 26, 1999	Treaty Doc. 105-41, 105^th Cong., 2d Sess., Exec. Rept. 105-22, 105^th Cong., 2d Sess. U.S. Lithuania Sign Extradition MLAT Accords (June 5, 2005)
Luxembourg	February 1, 2001	Treaty Doc. 105-11, 105^th Cong., 1^st Sess., Exec. Rept. 105-22, 105^th Cong., 2d Sess.
Mexico	May 3, 1991	Treaty Doc. 100-13, Exec. Rept. 100-27, 100^th Cong., 2 Sess., Exec. Rept. 101-09, 101^st Cong. 1^st Sess., XXVII ILM, No. 2, 3/88, 447.
Morocco	June 23, 1993	Sen. Ex. 98-24, Exec. Rept. 98-35, 98^th Cong., 2d Sess.
Netherlands	September 15, 1983	TIAS 10734
Panama	September 6, 1995	Treaty Doc. 102-15, 102 Cong., 1^st Sess., Exec. Rept. 104-3, 102 Cong., 2d Sess.
Philippines	November 22, 1996	Treaty Doc. 104-18, 104^th Cong., 1^st Sess., Exec. Rept. 104-26, 104^th Cong., 2d Sess. Treaty With the Philippines on MLAT
Poland	September 17, 1999	Treaty Doc. 105-12, 105^th Cong., 1^st Sess., Exec. Rept. 105-22, 105^th Cong., 2d Sess.
Romania	October 17, 2001	Treaty Doc. 106-20, 106^th Cong. 2d Sess., Exec. Rept. 106-24, 106^th Cont, 2d Sess.
Russian Federation		Fact Sheet Mutual Legal Assistance Treaty Between the U.S. and Russia January 31, 2002 DOJ Overseas Prosecutorial Development
Saint Kitts & Nevis	February 23, 2000	Treaty Doc. 105-37, Exec. Rept. 105-22, 105^th Cong., 2d Sess.
Saint Lucia	February 2, 2000	Treaty Doc. 105-24, 105^th Cong., 1^st Sess., Exec. Rept. 105-22; 105^th Cong., 2d Sess.
Saint Vincent & the Grenadines	September 8, 1999	Treaty Doc. 105-44, Exec. Rept. 105-22, 105^th Cong., 2d Sess.
South Africa	June 25, 2001	Treaty Doc. 106-36, 106^th Cong., 2d Sess. Exec. Rept. 106-24, 106^th Cong. 2d Sess. South Africa Department of Justice, MLATs
Spain	June 30, 1993	Treaty Doc. 102-21, 102d Cong., 2d Sess., Exec. Rept. 102-35, 102d Cong., 2d Sess.
Sweden	Signed December 17, 2001 (Not in Force)	Treaty Doc. 107-12, 107^th Cong., 2d Sess. U.S. – Swedish MLAT
Switzerland	January 23, 1977	TIAS 8302, 27 UST 2019 Swiss Division for International Legal Assistance Swiss MLAT Fact Sheet U.S. Embassy Bern Judicial Assistance Criminal Matters
Thailand	June 10, 1993	Treaty Doc. 100-18, Exec. Rept. 100-31, 100^th Cong., 3d Sess., Exec. Rept. 101-13, 101^st Cong., 1^st Sess.
Trinidad and Tobago	November 29, 1999	Treaty Doc. 105-22, 105^th Cong., 1^st Sess., Exec. Rept. 105-22, 105^th Cong., 2d Sess. Mutual Legal Assistance in Criminal Matters In Trinidad and Tobago (OAS)
Turkey	January 1, 1981	TIAS 9891
United Kingdom	December 2, 1996	Treaty Doc. 104-2, 104^th Cong., 1^st Sess., Exec. Rept. 104-23, 104^th Cong., 2d Sess. Foreign and Commonwealth Office MLATs
United Kingdom (Cayman Islands)	March 19, 1990	Treaty Doc. 100-8; 100^th Cong., 1^st Sess., Exec. Rept. 100-26, 100^th Cong., 1^st Sess., Exec. Rept. 100-26; 100^th Cong., 2d Sess., Exec. Rept. 101-8, 101^st Cong., 1^st Sess., XXVI ILM 536, 3/87.
United Kingdom (Anguilla)	November 9, 1990	Treaty with U.K. on Cayman Islands extended to Anguilla.
United Kingdom (British Virgin Islands)	November 9, 1990	Treaty with U.K. on Cayman Islands extended to British Virgin Islands.
United Kingdom (Montserrat)	April 26, 1991	Treaty with U.K. on Cayman Islands extended to Montserrat.
United Kingdom (Turks and Caicos Islands)	November 9, 1990	Treaty with U.K. on Cayman Islands extended to Turks and Caicos.
Uruguay	April 15, 1994	Treaty Doc. 102-19, 102d Cong., 1^st Sess., Exec. Rept. 102-34, 102d Cong., 2d Sess.
Venezuela	Signed October 12, 1997 (Not in Force)	Treaty Doc. 105-38, 105^th Cong., 2d Sess., Exec. Rept. 105-22, 105^th Cong., 2d Sess.

OTHER INTERNATIONAL AGREEMENTS

SEC Arrangements: The Securities and Exchange Commission (SEC) has developed informal, case-by-case understandings that facilitate the production of information from other countries. These range from Memoranda of Understanding to frameworks for cooperation to less specific exchanges and undertakings. See Mann, Mari & Lavdas, International Agreements and Understands for the Production of Information and Other Mutual Assistance, The Int'l Law, Vol. 29, No. 4, 780, 838 (1995). See also, Transnational Initiatives, Cumulative Digest of United States Practice in International Law, 1981-1988, Department of State, Vol. II, 1495, 1510 (1994); Mann and Mari, Developments in International Securities Law Enforcement and Regulation, Securities Regulation Seminar, October 24, 1990, Los Angeles, California. For information about SEC Understandings with foreign securities officials, contact the Securities and Exchange Commission, Office of International Affairs .

Narcotics Agreements: United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances with annex and final act. Done at Vienna December 20, 1988. Entered into force November 11, 1990. Article 7 of this Convention to obtain evidence from other countries party to it without the need to use the cumbersome, time-consuming letters rogatory process. For information, contact the Office of the Legal Adviser for Law Enforcement and Intelligence of the Department of State or the Office of International Affairs, Criminal Division, Department of Justice .

SELECTED REFERENCES:

Ellis & Pisani, The United States Treaties on Mutual Assistance in Criminal Matters: A Comparative Analysis, 19 Int'l Law. 189 (1985).
Harris, Mutual Legal Assistance Treaties: Necessity, Merits, and Problems Arising in the Negotiation Process , Asia Crime Prevention Foundation (ACPF) Lecture, 2000.
Knapp, Mutual Legal Assistance Treaties as a Way to Pierce Bank Secrecy, 20 J. of Int'l L. 405, 434 (1988).
Nadelmann, Negotiations on Criminal Law Assistance Treaties, 33 Am. J. Comp. L. 467 (1985).
Nash, Cumulative Digest of United States Practice in International Law, 1981-1988, Department of State, Vol. II, 1449, 1488 (1994).
Ristau & Abbell, Vol. 3, International Judicial Assistance (Criminal), Sec. 12-4-1 - 12-4-8 (1995).
Snow, Symposium: Prosecuting White-Collar Crime: The Investigation and Prosecution of White Collar Crime: International Challenges and the Legal Tools Available to Address Them, 22 Wm. & Mary Bill of Rts. J. 209, (2002).
Swartz, Statement of Bruce Swartz Deputy Assistant Attorney General Criminal Division Senate Foreign Relations Committee Multilateral Law Enforcement Treaties June 17, 2004
United Nations Office for Drug Control and Crime Prevention, Report UNDCP Informal Expert Working Group on Mutual Legal Assistance Casework Best Practice , Vienna, December 3-7, 2001
United Nations Office for Drug Control and Crime Prevention, Report of the Expert Working Group on Mutual Legal Assistance and Related International Confiscation , Vienna, February 15-19, 1993
United Nations Economic and Social Council, Resolution 1998/15, Mutual Assistance and International Cooperation in Criminal Matters
United States, Mutual Legal Assistance in Criminal Matters and Extradition , OAS
Winer, Statement Of Jonathan Winer, Deputy Assistant Secretary, Bureau For International Narcotics And Law Enforcement Affairs, House Committee On Banking And Financial Services, June 11, 1998

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