Malaysia legislation
Section 19
Section 19
Request to be made to Attorney General
(2)
A request under subsection (1) shall be made through the diplomatic channel, or where the circumstances require, may be made directly to the Attorney General.
(3)
Every request shall—
(a)
specify the purpose of the request and the nature of the assistance being sought;
(b)
identify the person or authority that initiated the request;
and
(c)
be accompanied by—
(i)
(Deleted by Act A1709).
(ii)
a description of the nature of the criminal matter and a statement setting out a summary of the relevant facts and laws;
(iii)
where the request relates to—
(A)
the location of a person who is suspected to be involved in or to have benefited from the commission of a foreign serious offence; or
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(B)
the tracing of property or instrumentalities that is or are suspected to be connected with a foreign serious offence, the name, identity, nationality, location or description of that person, or the location and description of the property or instrumentalities, if known, and a statement setting forth the basis for suspecting the matter referred to in subsubparagraph (A) or (B);
(iv)
a description of the offence to which the criminal matter relates, including its maximum penalty;
(v)
details of the procedure which that prescribed foreign
State wishes Malaysia to follow in giving effect to the request, including details of the manner and form in which any information or thing is to be supplied to that prescribed foreign State pursuant to the request;
(vi)
where the request is for assistance relating to an ancillary criminal matter and judicial proceedings to obtain a foreign forfeiture order have not been instituted in that prescribed foreign State, a statement indicating when the judicial proceedings are likely to be instituted;
(vii)
a statement setting out the wishes of that prescribed foreign State concerning the confidentiality of the request and the reason for those wishes;
(viii)
details of the period within which that prescribed foreign State wishes the request to be met;
(ix)
if the request involves a person travelling from
Malaysia to that prescribed foreign State, details of allowances to which the person will be entitled, and of the arrangements for security and accommodation for the person while he is in that prescribed foreign State pursuant to the request;
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(x)
any other information required to be included with the request under any treaty or other agreement between
Malaysia and that prescribed foreign State, if any; and
(xi)
any other information that may assist in giving effect to the request or which is required under the provisions of this Act or any regulations made under this Act.
(4)
Failure to comply with subsection (3) shall not be a ground for refusing assistance.
Refusal of assistance