Protection in Mutual Legal Assistance (MLA) procedures and international information exchange
The globalization of financial flows and international cooperation in combating crime have fundamentally changed the landscape of law enforcement. States actively utilize mechanisms to obtain data located outside their jurisdictions. This process, known as international information exchange, is carried out through two main channels: formal ones, such as Mutual Legal Assistance (MLA) requests, and informal ones, through direct contacts between Financial Intelligence Units (FIUs) or via INTERPOL.
For individuals and corporations whose business or assets have a cross-border nature, this exchange carries serious risks. A data request can become the first step toward asset freezing, the initiation of criminal prosecution, or the imposition of sanctions, often with the data subject learning about it after the fact. Our firm provides highly specialized legal services aimed at protecting clients within these complex and opaque procedures.
Understanding Mutual Legal Assistance (MLA)
The Mutual Legal Assistance (MLA) mechanism is a formalized process through which one state (the requesting state) addresses another state (the requested state) with a request for assistance in investigation or prosecution. These requests are strictly regulated.
The basis for legal assistance MLA is bilateral or multilateral treaties conventions. Bright examples of multilateral agreements are the UN Convention against Corruption (UNCAC) or the European Convention on Mutual Assistance in Criminal Matters. Mutual legal assistance requests may concern:
- Obtaining witness testimonies or statements;
- Provision of documents, records (including banking), and physical evidence;
- Conducting searches and seizures;
- Determination of location or identification of individuals;
- Ensuring the temporary appearance of persons in custody;
- Imposition of asset freezes or their confiscation.
The problem for the client lies in the fact that MLA procedures are inherently interstate. The requested state executes the request in accordance with its domestic legislation. The person whose data is being requested often does not have the status of a party in this procedure and may not receive notice. The lack of timely legal protection allows law enforcement agencies to collect information unimpeded, which may be incomplete, taken out of context, or protected by privilege.
Informal Exchange: FIU and the “Egmont” Group
Parallel to the slow and bureaucratized MLA procedures, there exists a fast and often more dangerous system. This refers to the informal exchange of shared intelligence between financial intelligence units (FIUs).
Financial intelligence units (FIUs) are centralized national agencies responsible for collecting and analyzing information on suspicious financial transactions. To coordinate their activities, they are united in a global network — the Egmont Group.
Key Risk: Speed and Opacity Unlike MLA, information exchange through Egmont Group channels occurs promptly, sometimes within a few hours. This data exchange is used for intelligence — quick checks of connections, assets, and transactions of an individual or company. Information obtained in this way can be immediately used to initiate asset freezes or national investigations even before a formal international request is prepared through MLA channels.
This system creates a “gray area” where international information exchange occurs without strict legal oversight provided by treaties on mutual legal. Protection of clients rights in such conditions requires a deep understanding of the internal regulations of FIU operations and a proactive strategy.
The Role of INTERPOL in Data Exchange and Risks of Extradition
INTERPOL (International Criminal Police Organization) is another powerful tool of international cooperation for prosecutors and law enforcement agencies. It is important to understand that INTERPOL itself does not conduct investigations but serves as a communication channel between the police forces of 196 member countries.
The most well-known tools are notice.
- Red Notice: Request for the determination of location and arrest of a person for the purpose of extradition.
- Blue Notice: Collection of information about the location, identity, or activity of a person.
- Green Notice: A warning about individuals who have committed crimes that may pose a threat to public safety in other countries.
The problem with Interpol notices lies in the risk of their improper use. Although the INTERPOL charter prohibits interference in matters of a political, military, religious, or racial nature, in practice this barrier does not always work. Business competitors or regimes with a low level of legal culture may abuse the Interpol notices crimes extradition system to exert pressure or pursue fabricated charges.
Our services Interpol notices include the analysis of the legality of a Red Notice, preparation of requests to the Commission for the Control of INTERPOL’s Files (CCF) with a demand for data deletion, and representation of the client’s interests to prevent crimes extradition blog risks. We work to challenge the notice before it leads to an arrest in a third country.
Consequences: From Asset Freezing to Criminal Prosecution
Regardless of the channel—be it a formal exchange of mutual legal assistance, an FIU request, or an INTERPOL notice—the consequences for the client can be catastrophic.
- Freezing of assets: This is the first and most frequent outcome. Foreign authorities may impose a freeze on bank accounts, real estate, and other assets based on preliminary information. Challenging such a freeze requires immediate action in the jurisdiction where the assets are located.
- The initiation of criminal prosecution: Shared intelligence obtained from abroad often becomes the missing piece for launching a full-scale internal investigation.
- Reputational damage: Information leakage about an international investigation causes irreparable harm. Legal reputational risks include the loss of banking relationships (de-risking), termination of contracts with partners, and business collapse.
- Restriction of freedom of movement: Red Notice by INTERPOL effectively turns the world into a trap, where any border crossing can end in arrest and the initiation of the extradition procedure.
Our Expertise: Strategic Legal Defense
Our law firm specializes in matters involving international legal assistance and data protection. We do not just respond to requests; we build a proactive defense strategy to defend clients at all stages. Our approach is based on deep knowledge of the legal framework and practical experience working with law enforcement agencies.
We provide clients with comprehensive support. This support covers both preventive risk analysis and active protection when an international request has already been received.
Key areas of our work:
- Audit and contesting MLA requests: We conduct a detailed legal analysis of mutual legal assistance (MLA) procedure requests for compliance with the treaty, violation of sovereignty, the principle of ne bis in idem (not twice for the same), or the protection of confidential and privileged information. We prepare strategic preparation responses for foreign authorities;
- Interaction with FIU: We analyze the risks associated with informal exchange through financial intelligence units (FIUs) and develop a strategy to minimize the consequences if shared intelligence has already been transmitted;
- Protection on the INTERPOL line: We represent clients’ interests in the Commission for the Control of Files (CCF) to challenge and remove Interpol notices, proving their political or economic motivation;
- Ensuring “Due Process” abroad: We actively work in foreign jurisdictions (including centers such as the United Kingdom) to ensure proper legal procedure, using mechanisms such as motions for the right to be heard.
The necessity of immediate actions
The procedures of international information exchange are complex and associated with high risks. Ignoring signs that you or your company have become the object of interest for prosecutors or law enforcement agencies in another country can lead to irreversible consequences, including the loss of assets and freedom.
If you have received a notification about a mutual legal assistance request, faced an unexplained freezing of assets, or learned about an investigation affecting your international financial interests, time is of the essence.
Contact us for an urgent confidential consultation. We will conduct a legal analysis of your situation and develop a defense strategy to protect your rights and assets in the global legal field.
FAQ
What is Mutual Legal Assistance (MLA)?
Mutual Legal Assistance (MLA) is a formal, treaty-based process through which countries request and provide assistance to each other in collecting evidence for criminal investigations. Legal assistance MLA requests are used to obtain bank statements, interrogate witnesses, or seize assets.
My assets have been frozen. Is this related to MLA or FIU?
Most likely. Sudden asset freezes are often the result of rapid informal information exchange between financial intelligence units (FIUs). An FIU request allows assets to be quickly “flagged,” while the slower MLA procedures are used later to provide formal evidence for their retention or confiscation.
How does an FIU request (via Egmont Group) differ from an MLA request?
In speed, formality, and purpose. Egmont Group is used for the rapid exchange of shared intelligence, which cannot always be used in court. Mutual legal assistance requests are a slow, formal process for obtaining evidence admissible in court.
I received a notification about an MLA request. What should I do?
Do not ignore it and immediately contact lawyers specializing in exchange mutual legal assistance. This is your chance to challenge the scope, legality, and relevance of the request, as well as protect privileged information before it is disclosed. Strategic preparation responses are crucial.
