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
The UNCAC treaty is not a basis for extradition. The UNCAC has not yet been incorporated into our extradition law. However, this is to be expected for 2009. With UNCAC, MLA is possible with all other parties to the Convention. This could be considered as a big step ahead in combating corruption. , between the Netherlands and Hong Kong, China). Figures In 2005, the Netherlands handled about 36,000 incoming requests. In that same year, the Netherlands received about 7,000 requests. This is to be considered an average year because just a handful of these requests considered corruption cases.
2 Treaty as Basis for Mutual Legal Assistance A country has no obligation to provide MLA to another country under customary international law; such obligations must be created through treaties. Like countries in other parts of the world, many States in Asia and the Pacific have concluded bilateral treaties for this purpose. The number of treaties is not high, however. As of fall 2007, 27 bilateral MLA treaties were in force among the 27 members of the Initiative, an average of two treaties per member.
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. Article 18, paragraph 1provides: Each the Parties to the Treaty shall transfer to the other Party the money and objects illicitly obtained by the offenders in the event of the envisaged crime in the territory of the requesting Party but found in the territory of the requested Party.
Asset Recovery and Mutual Legal Assistance in Asia and the Pacific: Proceedings of the 6th Regional Seminar on Making International Anti-Corruption St by Asian Development Bank