MUTUAL LEGAL ASSISTANCE

The Attorney General is the Central Authority for Brunei Darussalam for mutual legal assitance matters. The Central Authority is responsible for handling and processing requests for assistance in accordance with the provisions of the Mutual Assitance in Criminal Matters Order, 2005 (S 7/2005), Criminal Asset Recovery Order, 2012 (S 47/2012), other relevant domestic laws and any applicable mutual legal assistance treaty.

Requests for mutual legal assistance must be transmitted by the central authority of the requesting country to the Central Authority of Brunei Darussalam to the following address:

Attorney General
Central Authority for Mutual Legal Assistance
Attorney General’s Chambers
The Law Building
Jalan Raja Isteri Pengiran Anak Hajah Saleha
Bandar Seri Begawan BA1910
Brunei Darussalam

Request may be sent via email at mla@agc.gov.bn. It is not necessary for requests to be sent through diplomatic or consular channels.

Where Brunei Darussalam has a mutual legal assistance treaty, memorandum of understanding or other agreement with a country, the transmission of requests must follow the procedure stated in such treaty, memorandum of understanding or other agreement.

Types of Assistance

Under the Mutual Assistance in Criminal Matters Order, 2005, Brunei Darussalam may provide assistance in the following matters:

• obtaining evidence;
• taking written statements;
• securing production orders;
• obtaining attendance of persons in a foreign country;
• custody of persons in transit;
• search and seizure;
• locating and identifying persons; and
• arranging service of process.

Such assistance may be provided even in the absence of any formal agreement or treaty. However in such circumstances, there must be assurance given by the requesting country that it will entertain a similar request by Brunei Darussalam for assistance in criminal matters.

The Criminal Asset Recovery Order, 2012 enables the Attorney General of Brunei Darussalam as the Central Authority to render assistance in:

• the registration of foreign restraining, confiscation or benefit recovery orders;
• allowing foreign countries to seek local assistance in investigations and locating proceeds of crime;
• the entering into asset sharing agreements as well as agreements to coordinate confiscation and seizure of property.

Forms of Request

Countries may utilise the following samples for their formal requests of assistance to Brunei Darussalam, subject to any modifications to comply with the relevant treaty or agreement:

1. 1. Request for the obtaining of evidence
   2. Request for a production order
   3. Request for the attendance of a person(s) / prisoner(s)
   4. Request for custody of persons in transit
   5. Request for search and seizure
   6. Request for identifying or locating persons
   7. Request for service of process

Local Law Enforcement Requests

Local law enforcement can utilise this MLA Checklist to summarise their request to the Central Authority. This will aid the Central Authority to draft your request for assistance.

Practical Guide

For practical guidance on preparing and submitting mutual legal assistance requests to Brunei Darussalam, including the information and supporting documents generally required, requesting States may refer to the United Nations Office on Drugs and Crime (UNODC) publication, Guide to Mutual Legal Assistance from East Asia and the Pacific Region. The guide provides an overview of Brunei Darussalam’s mutual legal assistance framework and practical procedures for making mutual legal assistance requests. The link can be found here: Guide_To_Mutual_Legal_Assistance.pdf

Queries

Any query regarding mutual legal assistance in criminal matters in Brunei Darussalam and requests for assistance may be sent to the Central Authority at the above address or via email at mla@agc.gov.bn.