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CAMS · Question #319

A commission rogatory would be used in which gateway to obtain information from another country?

The correct answer is B. An MLAT request. A commission rogatory, also known as a letter rogatory or a letter of request, is a formal request from a court in one country to a court in another country for some type of judicial assistance, such as service of process, taking of evidence, or enforcement of judgments. A…

Conducting and Responding to Investigations

Question

A commission rogatory would be used in which gateway to obtain information from another country?

Options

  • AAn FIU request under the Egmont principles
  • BAn MLAT request
  • CA supervisory channel request with the Basel Committee
  • DA FATF request

How the community answered

(56 responses)
  • A
    9% (5)
  • B
    71% (40)
  • C
    16% (9)
  • D
    4% (2)

Explanation

A commission rogatory, also known as a letter rogatory or a letter of request, is a formal request from a court in one country to a court in another country for some type of judicial assistance, such as service of process, taking of evidence, or enforcement of judgments. A commission rogatory would be used in the context of a mutual legal assistance treaty (MLAT) request, which is a bilateral or multilateral agreement that enables countries to cooperate and provide legal assistance to each other in criminal matters. MLATs are one of the main gateways for obtaining information from another country, especially when the information is not available through other means, such as financial intelligence units (FIUs), supervisory authorities, or international organizations. FIUs are national agencies that collect, analyze, and disseminate financial information related to money laundering and terrorist financing, and they can exchange information with their counterparts in other countries under the Egmont principles. Supervisory authorities are regulators that oversee the compliance of financial institutions and other entities with anti-money laundering and counter- terrorism financing (AML/CFT) obligations, and they can share information with their peers in other jurisdictions through supervisory channels, such as the Basel Committee on Banking Supervision. The Financial Action Task Force (FATF) is an inter- governmental body that sets standards and monitors the implementation of AML/CFT measures, and it can provide information and guidance to its members and other jurisdictions, but it does not have the authority to request or compel information from them.

Topics

#commission rogatory#MLAT#international cooperation#cross-border investigation

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