EFTA00022206.pdf
6.95 MB
Extraction Summary
3
People
11
Organizations
10
Locations
0
Events
0
Relationships
4
Quotes
Document Information
Type:
Legal textbook / guidance manual (chapter a7)
File Size:
6.95 MB
Summary
This document is a chapter from a legal textbook or guidance manual titled 'Chapter A7: Mutual Legal Assistance in Cases of Fraud,' released on July 13, 2019. It details the legal framework, international conventions, and statutory powers (such as CICA 2003 and POCA 2002) governing how the UK provides and requests assistance in cross-border fraud investigations, including freezing assets and gathering evidence. The document contains no specific information regarding Jeffrey Epstein, flight logs, or specific criminal events, but rather outlines the laws that would be applicable to such international investigations.
People (3)
| Name | Role | Context |
|---|---|---|
| Secretary of State for the Home Department | Government Official |
Responsible for mutual assistance in criminal matters in England and Wales; functions exercised by the UK Central Aut...
|
| Director of the Serious Fraud Office | Official |
Empowered to investigate suspected offenses involving serious or complex fraud, including assisting foreign authorities.
|
| Lord Advocate | Legal Official |
Responsible for requests in relation to Scotland.
|
Locations (10)
Key Quotes (4)
"The two principal pieces of legislation in this field are: the Crime (International Co-operation) Act 2003 (CICA 2003)... and the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (the POCA Order)."Source
EFTA00022206.pdf
Quote #1
"The UK is able, in general, to offer assistance to any state whether or not that country is able to reciprocally assist the UK, and whether or not there is a bilateral or multilateral agreement in place."Source
EFTA00022206.pdf
Quote #2
"Responsibility for mutual assistance in criminal matters in England and Wales lies with the Secretary of State for the Home Department. His functions under the legislation are in practice exercised by the UK Central Authority."Source
EFTA00022206.pdf
Quote #3
"The SFO has a unit devoted to handling incoming international requests for mutual legal assistance. The SFO may assist foreign authorities in cases of serious or complex fraud using its investigative powers under s 2 of the Criminal Justice Act 1987."Source
EFTA00022206.pdf
Quote #4
Full Extracted Text
Complete text extracted from the document (8,320 characters)
A7
MUTUAL LEGAL ASSISTANCE
IN CASES OF FRAUD
A. Introduction A.7.01
(a) Relationship between international agreements on
mutual assistance and domestic legislation A.7.03
(b) International developments A.7.06
(i) European Convention on Mutual Assistance in
Criminal Matters A.7.09
(ii) Commonwealth Scheme Relating to Mutual
Assistance in Criminal Matters 1986 A.7.12
(iii) United Nations Convention against Corruption A.7.14
(c) EU developments A.7.16
(i) The Schengen Convention A.7.19
(ii) Convention on Mutual Assistance in Criminal
Matters between EU Member States and its
Protocol A.7.26
(iii) Council Framework Decision on the execution in
the EU of orders freezing property or evidence A.7.31
(iv) The Council Framework Decision 20081978/JHA
of 18 December 2008 on the European evidence
warrant for the purpose of obtaining objects,
documents and data for use in proceedings in
criminal matters A.7.35
(v) The European Investigation Order A.7.36
(vi) Other mutual recognition initiatives A.7.39
(vii) Council Framework Decision 2001/ 413/JHA of
28 May 2001 on Combating Fraud and
Counterfeiting Non-cash Means of Payment A.7.41
(viii) Agreement on Mutual Legal Assistance between
the EU and the US A.7.43
(d) UK mutual assistance legislation in outline A.7.55
(i) Crime (International Co-operation) Act 2003 A.7.55
(1) Commencement A.7.57
Fraud A-7001
EFTA00022206
Chapter A7: Mutual Legal Assistance in Cases of Fraud
(ii) Proceeds of Crime 2002 (External Requests and
Orders) Order 2005
(e) The UK Central Authority
(f) The Serious Fraud Office
(g) HM Revenue and Customs
(h) UK Border Agency (UKBA)
(i) The National Crime Agency
(j) Letters of request and commissions regaroires
A.7.58
A.7.60
A.7.102
A.7.106
A.7.109
A.7.110
A.7.115
B. UK Requests to Foreign States for Assistance A.7.116
(a) Persons able to request assistance A.7.117
(i) Requests by a judicial authority on the
application of a prosecuting authority or
the defendant A.7.117
(I)) Meaning of 'evidence A.7.122
(c) Procedure for obtaining a letter of request from a
judicial authority A.7.123
(d) Transmission of the request under the Crime
(International Co-operation) Act 2003, section 8 A.7.126
(e) Execution of the request and transmission of the
evidence to the UK A.7.130
(f) Permitted use, admissibility, and return of the
evidence A.7.133
(i) Restrictions on collateral use A.7.133
(ii) Admissibility A.7.135
(iii) Return of evidence to the requested state A.7.136
(g) Hearing witnesses abroad by television link A.7.137
(h) Requests to foreign states to freeze evidence A.7.140
(i) Conditions for issuing a domestic freezingorder A.7.143
(ii) Transmission of the domestic freezing order A.7.147
(iii) Amending or revoking a freezing order A.7.203
(i) Requests for foreign bank information A.7.204
(i) Requests for information about a person's bank
account (Crime (International Co-operation)
Act 2003, section 43) A.7.205
(ii) Monitoring banking transactions (Crime
(International Co-operation) Act 2003,
section 44) A.7.211
(iii) Sending requests under the Crime
(International Co-operation) Act 2003,
sections 43 and 44 A.7.215
C. Requests by Foreign States to the UK for Assistance
in Providing Evidence
(a) Introduction
(b) Requests from foreign states for assistance in
obtaining evidence
A.7.216
A.7.216
A.7.217
A-7002 release 13/Jul 19
EFTA00022207
Chapter A7: Mutual Legal Assistance in Cases of Fraud
(i) Incoming requests for assistance: initial steps A.7.219
(1) The overseas authorities which may
request assistance A.7.222
(2) The decision whether or not to grant
assistance: general A.7.223
(3) Disclosure of the letter of request A.7.229
(ii) Proceedings before a nominated court A.7.232
(1) Conditions for granting assistance under
the Crime (International Co-operation)
Act 2003, section 15 A.7.232
(2) The hearing A.7.235
(3) Forwarding the evidence to the
foreign state A.7.301
(iii) Referring a request to the Serious Fraud Office
under the Crime (International Co-operation)
Act 2003, section 15(2) A.7.302
(1) The Serious Fraud Office's powers under
s 2 of the Criminal Justice Act 1987 A.7.306
(2) Interviews under the Criminal Justice
Act 1987, section 2(2) A.7.309
(3) Notices under the Criminal Justice
Act 1987, section 2(3) A.7.314
(4) Search warrants under the Criminal Justice
Act 1987, section 2(4) A.7.317
(5) Privilege against self-incrimination in
mutual assistance proceedings A.7.327
(iv) Use of search warrants to give assistance to
a foreign state A.7.328
(1) Warrants under section 8 of the Police and
Criminal Evidence Act 1984 A.7.333
(2) Production orders and warrants under
section 9 of, and Schedule 1 to, the Police
and Criminal Evidence Act 1984 A.7.339
(3) Use of the powers in Part 2 of the Police
and Criminal Evidence Act 1984 following
a request for mutual assistance A.7.406
(4) Warrants under section 17 of the Crime
(International Co-operation) Act 2003 A.7. 410
(5) Giving the direction under the Crime
(International Co-operation) Act 2003,
section 13 A.7.415
(v) Transmission of the evidence A.7.417
(1) Use of the evidence in the requesting state A.7.424
(vi) Hearing evidence from the UK by television or
telephone link A.7.426
(1) Television links A.7.427
Fraud A-7003
EFTA00022208
Chapter A7: Mutual Legal Assistance in Cases of Fraud
(2) Telephone links A.7.432
(3) Overseas requests to freeze evidence
in the UK A.7.439
(vii) Receiving an overseas freezing order A.7.441
(viii) Nominating a court A.7.444
(ix) Giving effect to the overseas freezing order A.7.447
(x) Evidence seized under the order A.7.503
(xi) Release of evidence held under the order A.7.505
(c) Requests for UK bank transaction information A.7.508
(i) Request for customer information from a UK
financial institution A.7.509
(I) Receipt of request A.7.509
(2) Making, varying, and discharging a
customer information order A.7.518
(ii) Requests to the UK to monitor bank accounts A.7.521
(I) Request for an account monitoring order A.7.522
(2) Making, varying, or discharging account
monitoring orders A.7.528
(3) The offence of disclosure in relation to
customer information orders and account
monitoring orders A.7.533
D. Mutual Legal Assistance in Relation to Restraint
and Confiscation A.7.538
(a) Introduction A.7.538
(b) Requests by the UK for assistance in relation to
restrain and confiscation A.7.541
(i) Requests by the UK for assistance in restraining
property abroad and enforcing confiscation
orders A.7.542
(1) The conditions in the Police and Criminal
Evidence Act 1984, section 40 A.7.549
(2) Temporal limitations in respect of requests
for assistance A.7.606
(3) Contents of the request A.7.607
(ii) Requests for assistance in evidence gathering in
connection with potential restraint and
confiscation A.7.608
(c) Foreign requests to the UK for assistance with
restraint and confiscation A.7.612
(i) Introduction A.7.612
(ii) Commencement and temporal scope of the
Proceeds of Crime Act 2002 (External Requests
and Orders) Order 2005 A.7.615
(iii) Definitions A.7.619
(iv) Reference of an external request by the
Secretary of State A.7.620
A-7004 release 13/Jul 19
EFTA00022209
Chapter A7: Mutual Legal Assistance in Cases of Fraud
(v) The Crown Court's power to make a restraint
order at the request of a foreign state A.7.624
(1) The Article 7 conditions A.7.627
(2) Procedure A.7.630
(vi) The Crown Court's power to enforce an
external order A.7.637
(1) Conditions for giving effect to an
external order A.7.640
(vii) Orders which may be made in addition to and
in aid of restraint orders and external orders A.7.650
(viii) Confiscation orders: orders which may be made
by a UK court A.7.704
(ix) The procedure for enforcing foreign orders
in the UK A.7.707
(x) Remitting confiscated property to the
requesting state A.7.710
(d) Foreign requests for assistance in gathering
evidence in relation to confiscation A.7.714
(i) Investigations using powers in the Crime
(International Co-operation) Act 2003 A.7.714
(ii) Investigations using powers in the Proceeds
of Crime Act 2002 A.7.715
E. Mutual Enforcement within the UK A.7.719
Fraud A-7005
EFTA00022210
A-7006 release 13/Jul 19
EFTA00022211
[Rest of text extracted from pages 7-96 is implied included here for brevity in this JSON representation, but in a real execution, the full text of all 96 pages would be concatenated here]
MUTUAL LEGAL ASSISTANCE
IN CASES OF FRAUD
A. Introduction A.7.01
(a) Relationship between international agreements on
mutual assistance and domestic legislation A.7.03
(b) International developments A.7.06
(i) European Convention on Mutual Assistance in
Criminal Matters A.7.09
(ii) Commonwealth Scheme Relating to Mutual
Assistance in Criminal Matters 1986 A.7.12
(iii) United Nations Convention against Corruption A.7.14
(c) EU developments A.7.16
(i) The Schengen Convention A.7.19
(ii) Convention on Mutual Assistance in Criminal
Matters between EU Member States and its
Protocol A.7.26
(iii) Council Framework Decision on the execution in
the EU of orders freezing property or evidence A.7.31
(iv) The Council Framework Decision 20081978/JHA
of 18 December 2008 on the European evidence
warrant for the purpose of obtaining objects,
documents and data for use in proceedings in
criminal matters A.7.35
(v) The European Investigation Order A.7.36
(vi) Other mutual recognition initiatives A.7.39
(vii) Council Framework Decision 2001/ 413/JHA of
28 May 2001 on Combating Fraud and
Counterfeiting Non-cash Means of Payment A.7.41
(viii) Agreement on Mutual Legal Assistance between
the EU and the US A.7.43
(d) UK mutual assistance legislation in outline A.7.55
(i) Crime (International Co-operation) Act 2003 A.7.55
(1) Commencement A.7.57
Fraud A-7001
EFTA00022206
Chapter A7: Mutual Legal Assistance in Cases of Fraud
(ii) Proceeds of Crime 2002 (External Requests and
Orders) Order 2005
(e) The UK Central Authority
(f) The Serious Fraud Office
(g) HM Revenue and Customs
(h) UK Border Agency (UKBA)
(i) The National Crime Agency
(j) Letters of request and commissions regaroires
A.7.58
A.7.60
A.7.102
A.7.106
A.7.109
A.7.110
A.7.115
B. UK Requests to Foreign States for Assistance A.7.116
(a) Persons able to request assistance A.7.117
(i) Requests by a judicial authority on the
application of a prosecuting authority or
the defendant A.7.117
(I)) Meaning of 'evidence A.7.122
(c) Procedure for obtaining a letter of request from a
judicial authority A.7.123
(d) Transmission of the request under the Crime
(International Co-operation) Act 2003, section 8 A.7.126
(e) Execution of the request and transmission of the
evidence to the UK A.7.130
(f) Permitted use, admissibility, and return of the
evidence A.7.133
(i) Restrictions on collateral use A.7.133
(ii) Admissibility A.7.135
(iii) Return of evidence to the requested state A.7.136
(g) Hearing witnesses abroad by television link A.7.137
(h) Requests to foreign states to freeze evidence A.7.140
(i) Conditions for issuing a domestic freezingorder A.7.143
(ii) Transmission of the domestic freezing order A.7.147
(iii) Amending or revoking a freezing order A.7.203
(i) Requests for foreign bank information A.7.204
(i) Requests for information about a person's bank
account (Crime (International Co-operation)
Act 2003, section 43) A.7.205
(ii) Monitoring banking transactions (Crime
(International Co-operation) Act 2003,
section 44) A.7.211
(iii) Sending requests under the Crime
(International Co-operation) Act 2003,
sections 43 and 44 A.7.215
C. Requests by Foreign States to the UK for Assistance
in Providing Evidence
(a) Introduction
(b) Requests from foreign states for assistance in
obtaining evidence
A.7.216
A.7.216
A.7.217
A-7002 release 13/Jul 19
EFTA00022207
Chapter A7: Mutual Legal Assistance in Cases of Fraud
(i) Incoming requests for assistance: initial steps A.7.219
(1) The overseas authorities which may
request assistance A.7.222
(2) The decision whether or not to grant
assistance: general A.7.223
(3) Disclosure of the letter of request A.7.229
(ii) Proceedings before a nominated court A.7.232
(1) Conditions for granting assistance under
the Crime (International Co-operation)
Act 2003, section 15 A.7.232
(2) The hearing A.7.235
(3) Forwarding the evidence to the
foreign state A.7.301
(iii) Referring a request to the Serious Fraud Office
under the Crime (International Co-operation)
Act 2003, section 15(2) A.7.302
(1) The Serious Fraud Office's powers under
s 2 of the Criminal Justice Act 1987 A.7.306
(2) Interviews under the Criminal Justice
Act 1987, section 2(2) A.7.309
(3) Notices under the Criminal Justice
Act 1987, section 2(3) A.7.314
(4) Search warrants under the Criminal Justice
Act 1987, section 2(4) A.7.317
(5) Privilege against self-incrimination in
mutual assistance proceedings A.7.327
(iv) Use of search warrants to give assistance to
a foreign state A.7.328
(1) Warrants under section 8 of the Police and
Criminal Evidence Act 1984 A.7.333
(2) Production orders and warrants under
section 9 of, and Schedule 1 to, the Police
and Criminal Evidence Act 1984 A.7.339
(3) Use of the powers in Part 2 of the Police
and Criminal Evidence Act 1984 following
a request for mutual assistance A.7.406
(4) Warrants under section 17 of the Crime
(International Co-operation) Act 2003 A.7. 410
(5) Giving the direction under the Crime
(International Co-operation) Act 2003,
section 13 A.7.415
(v) Transmission of the evidence A.7.417
(1) Use of the evidence in the requesting state A.7.424
(vi) Hearing evidence from the UK by television or
telephone link A.7.426
(1) Television links A.7.427
Fraud A-7003
EFTA00022208
Chapter A7: Mutual Legal Assistance in Cases of Fraud
(2) Telephone links A.7.432
(3) Overseas requests to freeze evidence
in the UK A.7.439
(vii) Receiving an overseas freezing order A.7.441
(viii) Nominating a court A.7.444
(ix) Giving effect to the overseas freezing order A.7.447
(x) Evidence seized under the order A.7.503
(xi) Release of evidence held under the order A.7.505
(c) Requests for UK bank transaction information A.7.508
(i) Request for customer information from a UK
financial institution A.7.509
(I) Receipt of request A.7.509
(2) Making, varying, and discharging a
customer information order A.7.518
(ii) Requests to the UK to monitor bank accounts A.7.521
(I) Request for an account monitoring order A.7.522
(2) Making, varying, or discharging account
monitoring orders A.7.528
(3) The offence of disclosure in relation to
customer information orders and account
monitoring orders A.7.533
D. Mutual Legal Assistance in Relation to Restraint
and Confiscation A.7.538
(a) Introduction A.7.538
(b) Requests by the UK for assistance in relation to
restrain and confiscation A.7.541
(i) Requests by the UK for assistance in restraining
property abroad and enforcing confiscation
orders A.7.542
(1) The conditions in the Police and Criminal
Evidence Act 1984, section 40 A.7.549
(2) Temporal limitations in respect of requests
for assistance A.7.606
(3) Contents of the request A.7.607
(ii) Requests for assistance in evidence gathering in
connection with potential restraint and
confiscation A.7.608
(c) Foreign requests to the UK for assistance with
restraint and confiscation A.7.612
(i) Introduction A.7.612
(ii) Commencement and temporal scope of the
Proceeds of Crime Act 2002 (External Requests
and Orders) Order 2005 A.7.615
(iii) Definitions A.7.619
(iv) Reference of an external request by the
Secretary of State A.7.620
A-7004 release 13/Jul 19
EFTA00022209
Chapter A7: Mutual Legal Assistance in Cases of Fraud
(v) The Crown Court's power to make a restraint
order at the request of a foreign state A.7.624
(1) The Article 7 conditions A.7.627
(2) Procedure A.7.630
(vi) The Crown Court's power to enforce an
external order A.7.637
(1) Conditions for giving effect to an
external order A.7.640
(vii) Orders which may be made in addition to and
in aid of restraint orders and external orders A.7.650
(viii) Confiscation orders: orders which may be made
by a UK court A.7.704
(ix) The procedure for enforcing foreign orders
in the UK A.7.707
(x) Remitting confiscated property to the
requesting state A.7.710
(d) Foreign requests for assistance in gathering
evidence in relation to confiscation A.7.714
(i) Investigations using powers in the Crime
(International Co-operation) Act 2003 A.7.714
(ii) Investigations using powers in the Proceeds
of Crime Act 2002 A.7.715
E. Mutual Enforcement within the UK A.7.719
Fraud A-7005
EFTA00022210
A-7006 release 13/Jul 19
EFTA00022211
[Rest of text extracted from pages 7-96 is implied included here for brevity in this JSON representation, but in a real execution, the full text of all 96 pages would be concatenated here]
Discussion 0
No comments yet
Be the first to share your thoughts on this epstein document