US and Malaysia Sign Mutual Legal Assistance Treaty

Malaysian Charge d’Affaires Ilango Karuppannan and US Assistant Secretary of State for East Asia and Pacific Affairs Christopher Hill exchange documents during a ceremony marking the completion of the US-Malaysia Mutual Legal Assistance Treaty on Jan. 21

A treaty which allows Malaysia and the United States to work together to fight a wide range of crimes from money-laundering to terrorism came into effect on January 21, 2009.  Under the Mutual Legal Assistance in Criminal Matters Treaty (MLAT), U.S. and Malaysian authorities are now able to assist each other in obtaining evidence, serving documents, executing searches and seizures, locating and identifying criminals and crime sites, and freezing and forfeiting assets.

A ceremony took place at the US State Department in Washington D.C. between Malaysian Charge d’Affaires Ilango Karuppannan and U.S. Assistant Secretary of State for East Asia and Pacific Affairs Christopher Hill, that symbolised a “new beginning” in Malaysia-US relations, as it was held on the first day of the new U.S. administration.

Among Malaysian agencies that will be involved in the MLAT framework are police, Immigration, customs as well as other bodies such as the Central Bank and the Federal Bureau of Investigation.  Prior to the treaty, authorities on both sides at times faced difficulty in obtaining evidence against criminals. The treaty clears many obstacles to law enforcement cooperation for both countries.

The idea for the MLAT was initiated by the United States in 1996. Formal negotiations began in March 2004 and were concluded in February 2006.  The treaty was officially signed in Malaysia in July 2006 in conjunction with the visit of US State Secretary Condoleezza Rice to the 11th ASEAN Ministerial Meeting.

Before the conclusion of negotiations, Malaysia worked to put in place the Mutual Assistance in Criminal Matters Act, which enables Malaysian law enforcement authorities to work with foreign countries.  Malaysia then took the further step of proposing that Asean member countries sign an ASEAN Mutual Legal Assistance Treaty, which formalized in November 2006.