The AGC is Singapore’s Central Authority for mutual legal assistance in criminal matters. The AGC officers in the International Affairs Division handle and process all formal requests for assistance in accordance with the provisions of the Mutual Assistance in Criminal Matters Act (the Act) and any applicable Mutual Legal Assistance Treaty (MLAT).
The types of mutual legal assistance which Singapore may provide in respect of criminal matters include the following:
Countries with which Singapore has an existing MLAT are gazetted as “prescribed foreign countries” under the Act. Such countries may be rendered assistance in accordance with the terms of the relevant MLAT and the Act.
Other countries may receive assistance if there is an undertaking of reciprocity in accordance with section 16(2) of the Act. This undertaking of reciprocity should provide that the requesting country will comply with a future request by Singapore for similar assistance in a criminal matter involving an offence that corresponds to the foreign offence for which assistance is sought.
Requests for assistance may be made using the sample forms below:
Countries that have signed and ratified the Treaty on Mutual Legal Assistance in Criminal Matters among Like-minded ASEAN Member Countries should make requests for mutual legal assistance to Singapore using the form provided on the website of the Secretariat for this Treaty.
Countries may use the following checklists for a preliminary assessment of whether the mutual legal assistance request meets the legal requirements under the Act. Countries may wish to note that mutual legal assistance requests that meet all the legal requirements tend to be processed more expeditiously.
For requests pertaining to production orders and enforcement of foreign confiscation orders, countries would also have to provide corresponding foreign law immunity certificates. A foreign law immunity certificate is meant to certify that a person in the requesting country could be compelled to produce the thing sought in the mutual legal assistance request under the laws of the requesting country. Countries may adopt the following template for the foreign law immunity certificate.
The Practitioners’ Guide to Asset Recovery in Singapore is a publication which seeks to guide requesting countries when drafting mutual legal assistance requests to Singapore in asset recovery matters. It includes the following information:
An electronic copy of the guide may be downloaded here.
Completed requests may be sent by the Central Authority of the country making the request to the following address:
International Affairs Division
The Attorney-General’s Chambers
1 Upper Pickering Street
REPUBLIC OF SINGAPORE
In cases of urgent requests, a copy of the request may also be sent by fax to +65 6702 0513 or by email to [email protected]. However, a hard copy of the request is still required to be sent over.
Countries with which Singapore has a MLAT should also comply with any relevant provisions of the MLAT with regard to the transmission of requests.
Queries in relation to mutual legal assistance may be sent to the correspondence address and fax number above, or sent by email to [email protected].