Misuse of Mutual Legal Assistance and Cross-Border Notices: A Structural Risk Assessment for Latin America
This report analyzes the risks associated with the use of Mutual Legal Assistance (MLA) mechanisms and extradition requests as instruments of pressure. The study examines how tools designed to combat transnational crime can be misused to bypass national procedural safeguards, undermining trust in international cooperation and legal institutions across Latin America.
The author explores the typology of misuse and the risk of “exporting weak standards,” where requests from jurisdictions with low levels of legal protection trigger restrictive measures in other countries. The report details secondary effects, such as the activation of de-risking mechanisms by banks, asset freezes based on unsubstantiated notices, and long-term reputational damage to businesses. It emphasizes that the lack of an effective filter at the request-receipt stage turns the international legal assistance system into a mechanism for the automatic escalation of conflicts.
Significant focus is placed on the development of protective mechanisms. The report proposes a “Procedural Safeguard Checklist”—a structural tool for assessing the quality and proportionality of cross-border requests. Recommendations are formulated for the Organization of American States and national judicial authorities to implement transparency standards and judicial oversight, essential for protecting market participants and strengthening regional financial stability.
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