Transforming Words Into Action Effective International Cooperation in Criminal Matters
FATF Scorecard Compliant Largely Compliant Partially Compliant Non-compliant
UNCAC Chapter IV, Article 44: Extradition Chapter IV, Article 45: MLA Chapter V, Articles 51 to 59: Asset Recovery
UNCAC We now have the words But where is the action?
The Action Country A to Country B Give me the money! UNCAC!
The Mechanisms How? Where is the money? Where is your request? Why haven’t you answered my questions?
Talk to Me! Talk to me honey … You always ignore me …
South v North Expectations Legal requirements and procedures Low capacities High thresholds
Central Authorities Is it resourced? Does it add value or is it a post-box? Does anyone answer the phone!
Law Enforcement Is there an effective partnership between the Central Authority and law enforcement charged with execution of the request? Does the action fit a wider judicial system which is efficient or which is dysfunctional?
Top Ten Actions Acknowledge the request Give advice and guidance Take ownership of the request Maintain external communication Maintain internal communication
Top Ten Actions Be flexible in achieving goals Litigate the request effectively Manage timelines Provide necessary resources Provide management oversight
Top Ten Inactions Fail to acknowledge request Fail to provide feedback No ownership of the request No communication internally No communication externally
Top Ten Inactions Inflexible thresholds or requirements Ineffective litigation of the request Failure to manage timelines Lack of resources and systems No management oversight
The Answer Put the right people in the right place Give them the necessary laws Give them the necessary resources Give them ‘clean systems’ Let them do the work, without too much interference