Towards the effective ASEAN mutual legal assistance in combating money laundering

Chat Le Nguyen (School of Law, University of Canterbury, Christchurch, New Zealand)

Journal of Money Laundering Control

ISSN: 1368-5201

Publication date: 5 October 2012

Abstract

Purpose

The purpose of this paper is to discuss the issue of mutual legal assistance (MLA) within the Association of Southeast Asian Nations (ASEAN) in combating money laundering.

Design/methodology/approach

This paper first examines the scenario of money laundering (ML) in Southeast Asia and the ASEAN's response. It then discusses the legal framework and practice of regional MLA in anti‐money laundering (AML). Statistic and hypothetical cases will be provided to illustrate the arguments.

Findings

Despite the strongly political commitment, ASEAN States have failed in response to ML effectively. MLA that is one of the most important forms of regional cooperation in combating ML has confronted a range of barriers. Insufficient capacity of law enforcement across the region and disparities among national criminal laws are the utmost barriers. Among the ASEAN State authorised agencies, police is a crucial one in processing MLA for AML.

Originality/value

This paper would be beneficial for the regional policy makers and law enforcement agencies in order to make the regional cooperation in combating ML more effective.

Keywords

Citation

Chat Le Nguyen (2012) "Towards the effective ASEAN mutual legal assistance in combating money laundering", Journal of Money Laundering Control, Vol. 15 No. 4, pp. 383-395

Download as .RIS

DOI

: https://doi.org/10.1108/13685201211265971

Publisher

:

Emerald Group Publishing Limited

Copyright © 2012, Emerald Group Publishing Limited

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