Guideline 5: Legal requirements
Requesting and requested jurisdictions need to understand the legal requirements of one another, as these will become relevant for both domestic proceedings and international co-operation.
Differences in legal theory, case law, legal traditions, confiscation systems, and procedural requirements can present challenges to international cooperation in asset recovery. Overcoming these challenges may be necessary for success in domestic proceedings as well.
Involved jurisdictions may also consider the exchange of personnel and other experts, including the posting of liaison officers to support international cooperation and the MLA process, especially in complex or high value cases. Involved jurisdictions may choose to seek assistance from international experts (e.g., ICAR, StAR and UNODC) to facilitate communication or support the process through training, assistance in translation or other advice (see Guideline 6).