Towards the effective ASEAN mutual legal assistance in combating money laundering
| DOI | https://doi.org/10.1108/13685201211265971 |
| Published date | 05 October 2012 |
| Pages | 383-395 |
| Date | 05 October 2012 |
| Author | Chat Le Nguyen |
| Subject Matter | Accounting & finance |
Towards the effective ASEAN
mutual legal assistance
in combating money laundering
Chat Le Nguyen
School of Law, University of Canterbury, Christchurch, New Zealand
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 toML
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 Money laundering,ASEAN, Mutual legal assistance,Police, South East Asia
Paper type General review
1. Introduction
In recent decades, a number of factors, such as the globalisation of financial markets
and the internationalization of organised crime, have facilitated transnational money
laundering (ML) (Lilley, 2006, pp. 20, 23). ML tends to be pushed into countries and
regions that lack the expertise, resources, capacity and legal framework t o effectively
fight ML. Southeast Asia is one the most attractive regional destinations for money
launderers.
ASEAN, since very early, has acknowledged the diverse nature of tr ansnational
crime beyond illegal trafficking of drugs, and taken note with concern of its
expansion into Southeast Asia (Pushpanathan, 1999, p. 1). The growing problem of
transnational crime has been perceived as a great threat to state security and regional
stability which attracts political attention at the highest diplomatic level. Towards the
prosperous and peaceful ASEAN Community in 2015, ASEAN has called for the
intensification of cooperation among member states and with extra-regional bodies
The current issue and full text archive of this journal is available at
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A part of this paper was presented at the “Criminal Justice Cooperation Conference: Comparing
European, United States, Asia-Pacific and Australian Approaches” organized at the University
of Canberra, Canberra, Australia, 5-6 October 2010. The Association of Southeast Asian Nations
(ASEAN), established on 8 August 1967, consists of ten member states: Brunei Darussalam,
Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and
Vietnam.
Towards the
effective ASEAN
MLA
383
Journal of Money Laundering Control
Vol. 15 No. 4, 2012
pp. 383-395
qEmerald Group Publishing Limited
1368-5201
DOI 10.1108/13685201211265971
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