Mutual Legal Assistance Requests

Mutual legal assistance (MLA) is a method of cooperation between states for obtaining assistance in the investigation or prosecution of criminal offences. MLA is generally used for obtaining material that cannot be obtained on a police cooperation basis, particularly enquiries that require coercive means. MLA may also be used to obtain material in respect of civil and commercial matters. MLA requests are made by a formal international Letter of Request (LOR). The Attorney General is the Competent Authority to coordinate MLA requests in the Virgin Islands.

 

MLA requests to the Virgin Islands are assessed in accordance with 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 2013;
  • Evidence (Proceedings in Foreign Jurisdiction) Act; 1988
  • United Nations Convention against Corruption;
  • United Nations Convention against Transnational Organised Crime; and
  • Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965

Process

Incoming MLA Requests

Preparing

All MLA requests must be sent to the Attorney General to mla@gov.vg

Step 1: GATHER RELEVANT INFORMATION 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

Related Fee(s)

There are generally no direct fees associated in the processing of MLA requests. However, exceptions to this may include:

  • the fees and reasonable expenses of expert witnesses;
  • costs of legal representation during the interview of a suspect/accused where the requesting Party states that a defence lawyer must be present; and 
  • costs of an extraordinary nature agreed with the requesting State or jurisdiction (i.e. legal proceedings arising from a challenge to Virgin Islands complying with a mutual legal assistance request).  

 

Method of Applying

Email(mla@gov.vg), Regular Mail, Courier Service

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

P.O. Box 242
Road Town, Tortola
Virgin Islands (British) VG1110

Business Hours:

Monday - Friday  
8:30 a.m. to 4:30 p.m.
Email Address: AGC@gov.vg

Telephone: 1(284) 468-2960
Fax: 1(284) 464-2983