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

Journal of Money Laundering Control, 2023, vol. 27, issue 2, 413-426

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 cooperation in AML, it is essential to diversify international cooperation mechanisms and improve the capacity of law enforcement officers in the field of preventing this crime. This paper aims to provide a comparative analysis of mutual legal assistance (MLA) and extradition within the AML legal framework in Palestine and Malaysia. It investigates the gaps and weaknesses in Palestine’s AML legal framework and offers recommendations 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 doctrinal mechanism. As a result, it concentrates on 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 agree that the absence of a “bilateral or multilateral agreement” is not considered a reason 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 enforcement agencies to make international cooperation, especially with 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 (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jmlcpp:jmlc-03-2023-0053

DOI: 10.1108/JMLC-03-2023-0053

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