Mutual legal assistance and extradition under anti-money laundering laws: a comparative analysis between Palestine and Malaysia
| Date | 01 May 2023 |
| Pages | 413-426 |
| DOI | https://doi.org/10.1108/JMLC-03-2023-0053 |
| Published date | 01 May 2023 |
| Author | Husameddin Alshaer,Muhamad Helmi Md. Said,Ramalinggam Rajamanickam |
Mutual legal assistance and
extradition under anti-money
laundering laws: a comparative
analysis between Palestine and
Malaysia
Husameddin Alshaer,Muhamad Helmi Md. Said and
Ramalinggam Rajamanickam
Faculty of Law, Universiti Kebangsaan Malaysia, Bangi, Malaysia
Abstract
Purpose –The global cooperation and cooperation between nations at differing stages in anti-money
laundering (AML) is critical.To improve the effectiveness of international cooperationin AML, it is essential
to diversifyinternational cooperation mechanisms and improvethe capacity of law enforcement officers in the
field of preventing this crime. Thispaper aims to provide a comparative analysis of mutual legal assistance
(MLA) and extradition within the AML legal frameworkin Palestine and Malaysia. It investigates the gaps
and weaknessesin Palestine’s AML legal framework and offersrecommendations to address them.
Design/methodology/approach –The present paper is solely legal. The method adopted in this
research paper is qualitative research with an emphasis on the doctrinalmechanism. As a result, it
concentrateson procedures, protocols, legislation and policies.
Findings –The Malaysian AML legal framework offers a clearer and more comprehensive framework for MLAs
and extradition than the Palestinian AML legal framework. This framework is supported by laws that meet the
basic requirements to support the issues of AML international cooperation. Both countries agr eet hat the absence of
a“bilateral or multilateral agreement”is not considered areason for rejecting international cooperation in the field of
AML with foreign countries. Moreover, the Malaysian AML legal framework divides the roles well between the law
enforcement agencies and the competent authorities competing to Palestine.
Originality/value –This paper would be beneficial for the Palestinian legislative, policymakers and law
enforcementagencies to make international cooperation, especiallywith MLAs and extradition effective.
Keywords Mutual legal assistance (MLA), Extradition, Countering money laundering in Palestine,
Anti-money laundering (AML), AML in Palestine, AML in Malaysia, International cooperation
Paper type Research paper
1. Introduction
Criminals frequently launder money through transnational corporations; thus, gl obal cooperation
and cooperation between nations at differing stages in the fight against money laundering is
critical (Le Nguyen, 2020, p. 1366). Other patterns of interaction could encompass coaching and
capability development, overall investigation and its different particular methods, sharingdata
and evidence, mutual legal assistance (MLA), extradition and collectively developing and
committing to enforcing standard guidelines for money laundering preventative measures (Le
Nguyen, 2014). Subsequently, global collaboration is becoming progressively crucial at all phas es
of anti-money laundering (AML) investigations, such as phases of financial intelligence collection,
investigative initiatives and prosecution.
Mutual legal
assistance
413
Journalof Money Laundering
Control
Vol.27 No. 2, 2024
pp. 413-426
© Emerald Publishing Limited
1368-5201
DOI 10.1108/JMLC-03-2023-0053
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/1368-5201.htm
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