Are mechanisms in place allowing The Bahamas to cooperate with foreign jurisdictions in legal proceedings?

Category: International Cooperation

Answer:

Any offshore financial centre which hopes to be successful in the long term must cooperate with other jurisdictions and have stringent regulations in place to enhance and protect the reputation of the centre.

The Bahamas Government has gone on record with its intention of attaining and maintaining "the very highest levels of conduct as a clean jurisdiction, complying with the highest standards to prevent the abuse of its financial system by money launderers and criminal elements". It has committed to satisfying recommendations coming out of the Caribbean Financial Action Task Force (CFATF), and Financial Action Task Force (FATF) in relation to simplifying and making more efficient The Bahamas' cooperation with foreign jurisdictions in legal proceedings.

Further, the Government has indicated its determination to ensure that The Bahamas is in line with international best practices.

The 2000 legislative restructuring included the Evidence (Proceedings in Other Jurisdictions) Act and the Criminal Justice (International Cooperation) Act. The former regulates cooperation by Bahamian courts in civil matters while the latter regulates such cooperation in criminal matters.

An International Legal Cooperation Unit has been created within the Office of the Attorney General. The Unit is staffed with attorneys specialised in the preparation and presentation in court of all international requests for judicial assistance, freezing and forfeiture of the proceeds of crime.

The Bahamas currently has Mutual Legal Assistance Treaties (MLAT) with the United States, Canada and the United Kingdom.