Why we cannot fully execute some of our mandates —Drug Enforcement Commission

The Drug Enforcement Commission (DEC) says refusal by some countries to provide assistance on legal grounds such as bank secrecy is one of the major challenges hindering effective implementation of Mutual Legal Assistance (MLA).

DEC Director General, Nason Banda, said they have identified the absence of dual criminality, immunity or just for procedural reasons as other hindrances to effective utilization of Mutual Legal Assistance.

Officiating at the Mutual Legal Assistance Training Workshop in Lusaka on Monday, Banda noted that this instrument provides a legal framework for conducting cross-border investigations.

He said the Commission has collaborated in many ways to ensure that criminals hiding behind a national border are held accountable by having their assets recovered.

“it enables also authorities in one country to seek assistance from another country in gathering evidence, conducting interviews, freezing assets, and executing search warrants and facilitates the tracing and recovery of assets,” Banda said.

He said through cooperation, countries can share information on bank accounts, ownership records, and suspicious transactions, aiding in the identification and freezing of illicit funds.

“Mutual legal assistance promotes the harmonization of laws, procedures, and practices related to financial crimes among participating countries,” Banda said.

He said it encourages countries to establish compatible legal frameworks, including extradition treaties, asset forfeiture laws, and mechanisms for sharing financial intelligence.

Banda said despite these few challenges, law enforcement agencies in this country have good working relationships with other countries in the region and beyond.

“Therefore, training programmes like this one are key in building capacity for law enforcement agencies to adequately understand the complexities and processes in undertaking mutual legal assistance,” he said.

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