Mutual Legal Assistance Treaties with the European Union, Germany, and Japan

Source: The American Journal of International Law, Vol. 98, No. 3 (Jul., 2004), p. 596
Published by: Cambridge University Press
Stable URL: https://www.jstor.org/stable/3181657
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596 THE AMERICANJOURNAL OF INTERNATIONAL LAW [Vol. 98

President
President George
GeorgeW.
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stated
that
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self-government.31

Mutual
Mutual Legal
LegalAssistance
AssistanceTreaties
Treatieswith
withthethe
European
European
Union,
Union,
Germany,
Germany,
andJapan
andJapan

Since
Since the
the 1970s,
1970s,the
theUnited
UnitedStates
States
has
has
concluded
concluded
numerous
numerous
bilateral
bilateral
agreements-called
agreements-called
"mutual
"mutual legal
legalassistance
assistanceinincriminal
criminal
matters
matters
treaties"
treaties"
(MLATs)-that
(MLATs)-that
seekseek
to regularize
to regularize
and and
improve
improve the
theeffectiveness
effectivenessofofcooperation
cooperation
between
between
thethe
U.S.U.S.
government
government
and and
foreign
foreign
govern-
govern-
ments
ments on
on criminal
criminalmatters.1
matters.1MLATs
MLATsgenerally
generallyprovide
provideforfor
the the
sharing
sharing
of information
of information
and and
evidence
evidence related
relatedtotocriminal
criminalinvestigations
investigations
andand
prosecutions,
prosecutions,including
including
for drug
for drug
trafficking
trafficking
and
and narcotics-related
narcotics-relatedmoney
moneylaundering.
laundering.
Both
Bothparties
parties
are are
obligated
obligated
to assist
to assist
in the
in investiga-
the investiga-
tion,
tion, prosecution,
prosecution,and
andsuppression
suppressionofof
offenses
offenses
in in
all all
forms
forms
of proceedings
of proceedings
(criminal,
(criminal,
civil,civil,
or administrative).
administrative).Among
Amongother
other
things,
things,
thethe
treaties
treaties
address
address
the the
ability
ability
of one
of government
one government
to summon
summon witnesses
witnesseslocated
locatedininthe
the
other
othergovernment's
government'sterritory,
territory,
to compel
to compel
the production
the production
of documents
documentsand
andother
otherreal
realevidence,
evidence,
to to
issue
issue
search
search
warrants,
warrants,
and and
to serve
to serve
process.
process.
WhenWhen
concluding
concluding such
suchan
anagreement,
agreement,each
each
country
country
designates
designates
a central
a central
authority
authority
(e.g.,(e.g.,
for the
forUnited
the United
States,
States, the
the Department
DepartmentofJustice)
ofJustice)responsible
responsible
forfor
direct
direct
communication
communication
between
between
the states
the states
on matters
matters within
withinthe
thescope
scopeofofthe
the
treaty.2
treaty.2
During
During the
the first
firstsession
sessionofofthe
the107th
107thCongress
Congress(which
(which
metmet
during
during
2001-2002),
2001-2002),
the Senate
the Senate
consented
consented to
tonew
newMLATs
MLATswith
withBelize,
Belize,
India,
India,
Ireland,
Ireland,
Liechtenstein,
Liechtenstein,
and and
the Russian
the Russian
Federa-
Federa-
tion.3
tion.3 OnJune
OnJune25,
25,2003,
2003,the
theEuropean
EuropeanUnion
Union
andand
thethe
United
United
States
States
signed
signed
an MLAT,
an MLAT,
which,
which,
once
once it
it enters
entersinto
intoforce,
force,will
willprovide
provide
forfor
cooperation
cooperation
between
between
the the
United
United
States
States
and all
andtwenty-
all twenty-
five
five member
memberstates
statesofofthe
theEuropean
EuropeanUnion.4
Union.4
OnOn
August
August
5, 2003,Japan
5, 2003,Japan
and and
the United
the United
StatesStates
signed
signed an
an MLAT
MLATininWashington
WashingtonD.C.,
D.C.,
and
and
in in
November
November
2003,
2003,
President
President
BushBush
transmitted
transmitted
the the
treaty
treaty to
to the
theU.S.
U.S.Senate.5
Senate.5On
OnOctober
October15,15,
Germany
Germany
andand
thethe
United
United
States
States
signed
signed
an MLAT
an MLAT
in Washington,
Washington,D.C.6
D.C.6

30 The
The President's
President'sNews
NewsConference
Conferencewith
with
King
King
Abdullah
Abdullah
II ofII Jordan,
of Jordan,
46 WEEKLY
46 WEEKLY
COMP.
COMP.
PRES.PRES.
DOC. 800,
DOC.801
800, 801
(May 6, 2004).
31 UN Press Release, Secretary-General's Press Encounter upon Arrival at UNHQ (May 13, 2004), at <http://
www.un.org> (unofficial transcript).
'The United States currently has MLATs in force with respect to Anguilla, Antigua/Barbuda, Argentina, Australia,
Austria, the Bahamas, Barbados, Belgium, Brazil, the British Virgin Islands, Canada, the Cayman Islands, Cyprus, the
Czech Republic, Dominica, Egypt, Estonia, Greece, Grenada, Hong Kong, Hungary, Israel, Italy, Jamaica, Korea
(South), Latvia, Lithuania, Luxembourg, Mexico, Montserrat, Morocco, the Netherlands, Panama, the Philippines,
Poland, Romania, St. Kitts-Nevis, St. Lucia, St. Vincent, Spain, Switzerland, Thailand, Trinidad, Turkey, the Turks
and Caicos Islands, Ukraine, the United Kingdom, and Uruguay. U.S. Dep't of State Public Notice, Mutual Legal
Assistance in Criminal Matters Treaties (MLATs) and Other Agreements (n.d.), at<http://travel.state.gov/mlat.
html> (visitedJune 21, 2004).
2 In the absence of such a treaty (or an executive agreement), the customary method of formally requesting such
assistance has been through letters rogatory. For an overview of the MLATs, see 3 BRUNO RISTAU & MICHAELABBELL,
INTERNATIONALJUDICIAL ASSISTANCE (CRIMINAL) ??124-1 to-8 (1995).
3 Treaty on Mutual Legal Assistance in Criminal Matters, Sept. 19, 2000, U.S.-Belize, S. TREATY DOC. NO. 107-13
(2002); Treaty on Mutual Legal Assistance in Criminal Matters, Oct. 17,2001, U.S.-India, S. TREATYDOC. No. 107-3
(2002); Treaty on Mutual Legal Assistance in Criminal Matters,Jan. 18, 2001, U.S.-Ir., S. TREATY Doc. No. 107-9
(2002); Treatyon Mutual LegalAssistance in Criminal Matters,July 8,2002, U.S.-Liech.,S. TREATYDoc. NO. 107-13
(2002) (entered into force Aug. 1, 2003); Treaty on Mutual Legal Assistance in Criminal Matters,June 17, 1999,
U.S.-Russ., S. TREATYDOC. NO. 107-13 (2002) (entered into forceJan. 31, 2002).
4 Agreement on Mutual Legal Assistance in Criminal Matters,June 25, 2003, U.S.-EU, 2003 O.J. (L 181) 34.
5 Treaty on Mutual Legal Assistance in Criminal Matters, Aug. 5, 2003, U.S.-Japan, S. TREATY DOC. NO. 108-12
(2003).
6 Mutual Legal Assistance Treaty, Oct. 15, 2004, U.S.-Ger. (on file at GWU).

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