P.O. Box 242
Road Town, Tortola
Virgin Islands (British) VG1110
Mutual Legal Assistance (MLA) is a way for countries to work together to get and give information that can be used to investigate or prosecute crimes. Countries ask for this kind of help when the suspected offender or company is in a different country. It is also possible to ask for mutual legal assistance in civil and commercial matters as stated in the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
All letters of request to the Virgin Islands for MLAs are dealt with under the following legislation:
- Criminal Justice (International Cooperation) Act, Revised Edition 2020;
- Criminal Justice (International Cooperation) (Enforcement of Overseas Forfeiture Orders), Order Revised Edition 2020
- Mutual Legal Assistance (United States of America) Act, Revised Edition 2020;
- Proceeds of Criminal Conduct Act, Revised Edition 2020;
- Criminal Code Revised Edition as amended 2013;
- Evidence (Proceedings in Foreign Jurisdiction) Act 2013;
- United Nations Convention against Corruption extended to the Territory on 12 October, 2026;
- United Nations Convention against Transnational Organised Crime extended to the Territory on 17 May, 2012; and
- Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
Process
Step 1: GATHER RELEVANT INTELLIGENCE PRIOR TO SUBMITTING YOUR REQUEST: This can help improve the quality of your MLA request and the subsequent service received.
Step 2: CLEARLY STATE THE CENTRAL/REQUESTING AUTHORITY: Use letterheaded paper of the Central/Requesting Authority for your letter of request. Include details of the authority making the request, including the name, telephone number and email address (where available) of key contact(s) who may be contacted about the request for clarification or obtaining additional information. The request must be signed by the Central Authority.
Step 3: INDICATE THE LEGISLATION USED TO SEEK ASSISTANCE: In drafting your request, begin by clearly identifying the treaty, convention or other avenue of cooperation being used to request assistance from the Virgin Islands.
Step 4: IDENTIFY THE AUTHORITY INVESTIGATING / PROSECUTING: Clearly state which authority is conducting the investigation and/or prosecution. Include the name(s), telephone number and email address (where available) of key contact(s) who may be contacted about the request for clarification or obtaining additional information.
Step 5: SET OUT THE APPLICABLE LEGAL PROVISIONS: Identify and set out the verbatim text of all relevant laws in the requesting State under investigation or prosecution, including applicable penalties.
Step 6: IDENTIFY THE ASSISTANCE BEING SOUGHT: Outline, in specific terms, exactly what you are seeking to obtain. Assistance can include but is not limited to:
- Collecting witness statements or testimonies;
- Serving judicial documents;
- Conducting searches and seizures;
- Sharing constitutional documents;
- Sharing financial records and other relevant documents;
- Tracing, freezing and confiscating assets; and
- Transferring persons for testimonial purposes
Step 7: SUMMARISE THE CASE: Give a thorough synopsis of the case under investigation or prosecution, together with a summary of the supporting evidence.
Step 8: INDICATE ANY REQUIREMENTS FOR CONFIDENTIALITY: All requests are treated confidentially. However, there may be times when disclosure is necessary to provide the requested assistance at which time the requesting State would be informed. Sensitive cases should expressly state the reasons for confidentiality.
Step 9: IDENTIFY TIME CONSIDERATIONS: Determine the time frame within which the request is required and the rationale for the time constraints (e.g.,pending court proceedings/time-sensitive investigations).
Step 10: TRANSLATE THE REQUEST: A certified translation of the original Request must be provided in English where the original request is in another language. A copy of the original request (another language) should also be annexed to your request. If your request is not in English or translated into English, your request will be denied.
Step 11: SUBMIT REQUEST FROM CENTRAL AUTHORITY/COURT/TRIBUNAL TO THE ATTORNEY GENERAL OF THE VIRGIN ISLANDS.
Formal requests for assistance should be directed to:
Attorney General
Attorney General’s Chambers
TTT Building
Wickhams Cay
Road Town, Tortola
Virgin Islands, VG 1110
Telephone: +284 468 2960
To make a request by email, contact: mla@gov.vg
Turn Around Time
The Attorney General’s Chambers aims to process Requests within (30) business days to ninety (90) business days from the date the request was considered COMPLIANT.
Additional Notes
REFUSAL OF ASSISTANCE
The Virgin Islands Competent Authority may refuse to grant assistance in relation to your request for the following reasons:
- Request as presented does not satisfy the guidelines as stated above;
- Request does not establish that:
- the alleged offence has been committed;
- the assistance sought relates to the alleged offence and the individual and/or company is located in the Virgin Islands; and
- Request does not state the same or similar offence in the requesting State
LIMITATIONS
The requesting country must not use or transmit information or evidence provided to it for purposes other than those stated in the request without the prior written consent of the Virgin Islands Competent Authority.
GENERAL CONTACT INFORMATION
Attorney General’s Chambers
TTT Building
Wickhams Cay
Road Town, Tortola
Virgn Islands , VG 1110
Telephone: +284 468 2960
Email: agc@gov.vg
Department Contact Information
Attorney General Chambers
Monday - Friday
8:30 a.m. to 4:30 p.m.
Telephone: 1(284) 468-2960
Fax: 1(284) 464-2983