" ! SENATE 109TH CONGRESS

2d Session 

TREATY DOC. 

109–13 

MUTUAL LEGAL ASSISTANCE AGREEMENT WITH THE 

EUROPEAN UNION 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

AGREEMENT ON MUTUAL LEGAL ASSISTANCE BETWEEN THE 

UNITED STATES OF AMERICA AND THE EUROPEAN UNION (EU), 

SIGNED ON JUNE 25, 2003 AT WASHINGTON, TOGETHER WITH 

TWENTY-FIVE BILATERAL INSTRUMENTS WHICH SUBSEQUENTLY 

WERE SIGNED BETWEEN THE UNITED STATES AND EACH EUROPEAN UNION MEMBER STATE IN ORDER TO IMPLEMENT THE 

AGREEMENT WITH THE EU, WITH EXPLANATORY NOTE 

SEPTEMBER 28, 2006.—Agreement was read the first time, and together 

with the accompanying papers, referred to the Committee on Foreign 

Relations and ordered to be printed for the use of the Senate 

★ (Star Print) 


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MUTUAL LEGAL ASSISTANCE AGREEMENT WITH THE EUROPEAN UNION 


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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–118 ★ (STAR PRINT) 

" ! SENATE 109TH CONGRESS

2d Session 

TREATY DOC. 

2006

109–13 

MUTUAL LEGAL ASSISTANCE AGREEMENT WITH THE 

EUROPEAN UNION 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

AGREEMENT ON MUTUAL LEGAL ASSISTANCE BETWEEN THE 

UNITED STATES OF AMERICA AND THE EUROPEAN UNION (EU), 

SIGNED ON JUNE 25, 2003 AT WASHINGTON, TOGETHER WITH 

TWENTY-FIVE BILATERAL INSTRUMENTS WHICH SUBSEQUENTLY 

WERE SIGNED BETWEEN THE UNITED STATES AND EACH EUROPEAN UNION MEMBER STATE IN ORDER TO IMPLEMENT THE 

AGREEMENT WITH THE EU, WITH EXPLANATORY NOTE 

SEPTEMBER 28, 2006.—Agreement was read the first time, and together 

with the accompanying papers, referred to the Committee on Foreign 

Relations and ordered to be printed for the use of the Senate 


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(III)

LETTER OF TRANSMITTAL 

THE WHITE HOUSE, September 28, 2006. 

To the Senate of the United States: 

With a view to receiving the advice and consent of the Senate to 

ratification, I transmit herewith the Agreement on Mutual Legal 

Assistance between the United States of America and the European Union (EU), signed on June 25, 2003, at Washington, together with 25 bilateral instruments that subsequently were signed 

between the United States and each European Union Member 

State in order to implement the Agreement with the EU, and an 

explanatory note that is an integral part of the Agreement. I also 

transmit, for the information of the Senate, the report of the Department of State with respect to the Agreement and bilateral instruments. 

A parallel agreement with the European Union on extradition, 

together with bilateral instruments, will be transmitted to the Senate separately. These two agreements are the first law enforcement 

agreements concluded between the United States and the European Union. Together they serve to modernize and expand in important respects the law enforcement relationships between the 

United States and the 25 EU Member States, as well as formalize 

and strengthen the institutional framework for law enforcement relations between the United States and the European Union itself. 

The U.S.-EU Mutual Legal Assistance Agreement contains several innovations that should prove of value to U.S. prosecutors and 

investigators, including in counterterrorism cases. The Agreement 

creates an improved mechanism for obtaining bank information 

from an EU Member State, elaborates legal frameworks for the use 

of new techniques such as joint investigative teams, and establishes a comprehensive and uniform framework for limitations on 

the use of personal and other data. The Agreement includes a nonderogation provision making clear that it is without prejudice to 

the ability of the United States or an EU Member State to refuse 

assistance where doing so would prejudice its sovereignty, security, 

public, or other essential interests. 

I recommend that the Senate give early and favorable consideration to the Agreement and bilateral instruments. 

GEORGE W. BUSH. 


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(V)

LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, Washington, August 3, 2006. 

The PRESIDENT, 

The White House. 

THE PRESIDENT: I have the honor to submit to you, with a view 

to its transmittal to the Senate for advice and consent to ratification, the Agreement on Mutual Legal Assistance between the 

United States and the European Union (EU), (‘‘U.S.-EU MLAT’’), 

signed on June 25, 2003. Also being submitted together with the 

U.S.-EU MLAT are twenty-five bilateral instruments that were 

signed by the United States and all EU Member States during 

2004–2006, which implement the provisions of the U.S.-EU MLAT. 

A detailed, article-by-article analysis of the U.S.-EU MLAT is enclosed with this report. I am recommending that the U.S.-EU 

MLAT, including an explanatory note, which is an integral part of 

the Agreement, and the related bilateral instruments be transmitted to the Senate for its advice and consent to ratification. The 

Department joins me in this recommendation. 

Respectfully submitted. 

CONDOLEEZZA RICE. 

Enclosures: As stated. 

EXECUTIVE SUMMARY 

MUTUAL LEGAL ASSISTANCE AGREEMENT BETWEEN THE UNITED

STATES AND THE EUROPEAN UNION

On June 25, 2003, the United States signed with the European 

Union a Mutual Legal Assistance Agreement (‘‘U.S.-EU Mutual 

Legal Assistance Agreement’’). Also being transmitted together 

with this Agreement are bilateral implementing instruments with 

all 25 EU member states. A parallel agreement with the EU on extradition, together with implementing instruments, is being transmitted separately. These are the first law enforcement agreements 

ever concluded by the United States with the European Union. The 

principal effect of the Mutual Legal Assistance Agreement would be 

to modernize bilateral relationships with EU member states with 

which the United States already has mutual legal assistance treaties (MLATs), and to create such relationships with the remainder 

of member states with which bilateral MLATs had not been concluded previously. This is particularly important in light of the 

counter-terrorism challenges we have faced since September 11, 

2001. A second benefit would be formalizing and strengthening the 


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VI

institutional framework for law enforcement relations with the European Union. 

The U.S.-EU Mutual Legal Assistance Agreement incorporates 

several innovations which should prove of value to U.S. prosecutors 

and investigators. The Agreement creates an improved mechanism 

for obtaining bank information from an EU member state, elaborates legal frameworks for the use of new techniques such as joint 

investigative teams, and establishes a comprehensive and uniform 

framework for limitations on the use of personal and other data. 

The Agreement includes a non-derogation provision making clear 

that it is without prejudice to the ability of the U.S. or an EU 

member state to refuse assistance where doing so would prejudice 

its sovereignty, security, other public or other essential interests. 

U.S.-EU MUTUAL LEGAL ASSISTANCE AGREEMENT

OVERVIEW

The U.S.-EU Mutual Legal Assistance Agreement selectively 

amends and supplements existing United States bilateral mutual 

legal assistance treaties with seventeen Member States of the EU. 

In the case of the other eight EU Member States, the U.S.-EU Mutual Legal Assistance Agreement creates for the first time a treatybased, albeit partial, mutual legal assistance relationship with the 

United States. A counterpart Agreement on Extradition between 

the United States and the European Union is being submitted separately, together with implementing instruments with EU Member 

States. 

Both U.S.-EU Agreements have their origin in a period of intensive consultation between the United States and officials of the European Union, and its then-Belgian and Spanish Presidencies, in 

the aftermath of the September 11, 2001, terrorist attacks on ways 

of improving trans-Atlantic cooperation against terrorism. These 

discussions led to the conclusion that modernization of existing bilateral mutual legal assistance treaties (‘‘MLATs’’) between the 

United States and EU Member States would be a valuable step, as 

would creation of new bilateral mutual legal assistance agreements 

with Member States that did not already have such agreements 

with the United States. By concluding agreements with the European Union, the United States could achieve uniform improvements and expansions in coverage across much of Europe. In addition, the U.S.-EU Agreements will enable the strengthening of an 

emerging institutional relationship on law enforcement matters between the United States and the European Union, during a period 

when the EU is actively harmonizing national criminal law procedures and methods of international cooperation. 

Negotiation of the U.S.-EU Agreements was conducted during 

2002 and 2003. The European Union’s delegation was led by officials from Denmark and Greece, which held the EU’s rotating Presidency at that time, and also included officials from the Council 

and Commission. After the U.S.-EU Agreements were signed on 

June 25, 2003, the United States pursued negotiation with each 

Member State of implementing bilateral mutual legal assistance instruments. Initial efforts focused on the fifteen states that were 

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VII

ments were signed, and then expanded to the additional ten states, 

which joined the EU in 2004. The last of the bilateral instruments 

was signed on June 9, 2006. 

The U.S.-EU Mutual Legal Assistance Agreement and bilateral 

instruments are regarded as self-executing treaties under U.S. law, 

and thus will not require implementing legislation for the United 

States. With respect to implementation within the European 

Union, there is greater complexity. The EU, as a Contracting 

Party, is responsible for implementation of the obligations contained in the U.S.-EU Mutual Legal Assistance Agreement, even 

though practical application of those obligations would occur at the 

Member State level. The EU Council would monitor implementation and empower the Presidency as necessary to ensure that Member States comply in all respects. EU Member States, while formally not Contracting Parties to the U.S.-EU Mutual Legal Assistance Agreement are bound to its provisions under internal EU law. 

The Member States also would have international obligations to 

the United States under the bilateral instruments. Most Member 

States, in order to comply with the requirements of their domestic 

constitutional order, are like the United States, pursuing domestic 

processes in order to ratify both the U.S.-EU Mutual Legal Assistance Agreement and the bilateral instrument. A number of Member States also secured domestic parliamentary endorsement of the 

U.S.-EU Mutual Legal Assistance Agreement prior to its signature. 

The following is an article-by-article description of the provisions 

of the U.S.-EU Mutual Legal Assistance Agreement. 

The Preamble underscores that cooperation between the United 

States and European Union Member States serves to protect democratic society and our common values, including the rights of individuals and the rule of law. 

Article 1 (‘‘Object and Purpose’’) states that the United States 

and the EU undertake to provide enhancements to cooperation and 

mutual legal assistance, in the manner specified in the U.S.-EU 

Mutual Legal Assistance Agreement. To the extent that mutual 

legal assistance between the United States and EU Member States 

is carried out pursuant to bilateral treaties, this phrasing underscores the obligation to supplement, and, where necessary, modify 

these existing bilateral treaties to effectuate the terms of the U.S.- 

EU Mutual Legal Assistance Agreement. 

Article 2 (‘‘Definitions’’) defines three terms used frequently in 

the U.S.-EU Mutual Legal Assistance Agreement: ‘‘Contracting 

Parties,’’ ‘‘Member States,’’ and ‘‘Ministry of Justice.’’

Article 2(1) provides that the Contracting Parties to each U.S.- 

EU Agreement are the United States and the European Union. 

Under Articles 24 and 38 of the Treaty of European Union, the European Union may enter into international agreements in the area 

of criminal judicial cooperation. The Member State then holding 

the rotating Presidency (Denmark, followed by Greece) leg negotiations for the European Union. At the conclusion of negotiations, 

Greece was authorized unanimously by the European Council to 

sign the U.S.-EU Mutual Legal Assistance Agreement on behalf of 

the European Union. 

Article 3(1) (‘‘Scope of application’’) provides that the Contracting 

Parties shall ensure that the provisions of the U.S.-EU Mutual 


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VIII

Legal Assistance Agreement are applied in relation to existing bilateral mutual legal assistance treaties between the United States 

and EU Member States. Thus the EU is responsible, as the Party 

to the Agreement, for ensuring that Member States make the necessary changes in their bilateral mutual legal assistance relationships with the United States. 

The remainder of Article 3(1) specifies the manner in which existing mutual legal assistance treaties between the United States 

and EU Member States are affected by the U.S.-EU Mutual Legal 

Assistance Agreement, or, alternatively, the manner in which the 

U.S.-EU Mutual Legal Assistance Agreement is to apply where 

there is no mutual legal assistance treaty in force between a Member State and the United States. Generally, Article 4 (creating a 

mechanism for identifying bank accounts and transactions), 5 (providing a mechanism for forming joint investigative teams), 6 (establishing a mechanism for using video conferencing technology in 

criminal investigations and proceedings), 7 (providing for the use of 

expedited means of communications) and 8 (authorizing the providing of mutual legal assistance to certain administrative authorities), which either create new cooperation mechanisms or deal with 

them in great detail than in existing treaties, supplement the 

terms of existing bilateral mutual legal assistance treaties, and 

also apply in the absence of a treaty. Article 9 (facilitating broad 

law enforcement use of information and evidence received pursuant 

to mutual legal assistance requests), replaces use limitation provisions in existing bilateral mutual legal assistance treaties, and is 

applicable where the bilateral mutual legal assistance treaty either 

contains no use limitation provisions (i.e. the U.S.-Belgium MLAT) 

or where there is no mutual legal assistance treaty in force. Article 

10 (providing a procedure for the requesting State to seek the confidentiality of its request) is applied bilaterally except if the applicable bilateral mutual legal assistance treaty already has such a 

provision. 

The extent to which current mutual legal assistance treaties with 

EU Member States are modified or supplemented by application of 

these substantive provisions is described later in this analysis, on 

a country-by-country basis. 

Article 3(2) elaborates on the EU’s obligation to ensure the application of the provisions of the U.S.-EU Mutual Legal Assistance 

Agreement by its Member States having existing bilateral MLATs 

with the United States. Specifically, the EU shall ensure that each 

Member State acknowledges the consequential changes to its existing bilateral mutual legal assistance treaty by entering into a written ‘‘instrument’’ with the United States, that is, a free-standing 

international agreement binding under international law. The EU 

also must ensure that countries acceding to the European Union 

after the entry into force of the U.S.-EU Mutual Legal Assistance 

Agreement and having mutual legal assistance treaties with the 

United States conclude bilateral instruments with the United 

States after accession or preferably prior thereto. 

Article 3(3) provides that both the United States and the European Union are obliged to ensure the application of the U.S.-EU 

Mutual Legal Assistance Agreement by Member States lacking an 

existing bilateral MLAT with the United States. Such a Member 


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IX

State also must enter into a written ‘‘instrument’’ with the United 

States. Countries acceding to the European Union after the entry 

into force of the U.S.-EU Mutual Legal Assistance Agreement and 

not having mutual legal assistance treaties with the United States 

likewise are obliged to conclude bilateral instruments with the 

United States after accession, and are encouraged to do so prior to 

their accession. 

Article 3(4) states that the U.S.-EU Mutual Legal Assistance 

Agreement shall apply in mutual legal assistance relations between 

the United States and a new Member State from the date of notification that internal procedures for the bilateral instrument have 

been completed. 

There are both legal and practical reasons for the requirement of 

a bilateral instrument between the United States and each EU 

Member State. As a matter of international law, the conclusion of 

a bilateral instrument conveys to the United States the sovereign 

consent of the Member State to the changes required in treaties 

concluded and applied at the bilateral level, rather than relying entirely on the effect of EU internal law to ensure application of 

changes in bilateral treaties to which the European Union itself is 

not party. 

In addition, as a practical matter, since mutual legal assistance 

treaties are litigated and interpreted extensively in national courts, 

it was seen as important to delineate in instruments concluded at 

the bilateral level the changes made by the U.S.-EU Mutual Legal 

Assistance Agreement in these bilateral treaties. The consequential 

changes are set out either in a revised integrated text of the particular treaty (included as an Annex to the instrument) or in provisions placed in the instrument itself specifically delineating the 

new operative language. Conclusion of bilateral instruments thus 

serves to ease application of the revised treaties for practitioners 

and the judiciary. 

Finally, Article 3(5), like other U.S. mutual legal assistance treaties, states that the provisions of the U.S.-EU Mutual Legal Assistance Agreement are intended solely for mutual legal assistance between the United States and EU Member States and shall not give 

rise to a right on the part of any private person to obtain, suppress, 

or exclude evidence, impede the execution of a request, or expand 

or limit rights otherwise available under domestic law. 

Article 4 (‘‘Identification of bank information’’) is one of the provisions included in order to provide a form of assistance not specifically set forth in existing mutual legal assistance treaties. Its 

terms supplement the provisions of all existing treaties with EU 

Member States, and apply in the absence of a treaty. 

Mutual legal assistance treaties generally address the production 

of records located in the requested State. For such provisions to 

function properly with respect to bank and other business records, 

a requesting State must provide sufficient information regarding 

the bank branch or account involved to enable the records to be located and produced. In the Protocol to the European Union Mutual 

Legal Assistance Treaty, which applies among EU Member States, 

Article 1 went a step further by establishing a procedure by which 

a requested State is obligated to search on a centralized basis for 

bank accounts located within its territory that may be important 


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to a criminal investigation in the requesting State. Section 314(a) 

of the USA Patriot Act established a comparable centralized mechanism by which the Treasury Department’s Financial Crime Information Center (‘‘FinCen’’) can query domestic banking institutions 

in order to locate transactions or accounts that may be involved in 

money laundering or terrorism violations. The availability of these 

existing comparable mechanisms provided a basis for Article 4 of 

the U.S.-EU Mutual Legal Assistance Agreement. 

Article 4(1)(a) requires the requested State, upon receiving a request in accordance with the terms of the article, to promptly ascertain if banks located in its territory possess information on 

whether a natural or legal person suspected of or charged with a 

criminal offense as designated pursuant to paragraph 4, holds a 

bank account or accounts. Paragraph 1(b) permits, but does not obligate, the requested State to ascertain whether bank information 

exists pertaining to convicted persons, or whether there is information in the possession of non-bank financial institutions, or financial transactions other than those related to accounts. 

Article 4(2) requires a request for this form of cooperation to include, first, the identity of the natural or legal person relevant to 

locating such accounts or transactions; second, sufficient information to enable the competent authority of the requested State to 

reasonably suspect that such person engaged in a criminal offense 

and that banks or non-bank financial institutions in the requested 

State may have the information requested and to conclude that the 

information sought relates to the criminal investigation or proceeding for which assistance is sought; and, third, as much information as possible concerning which banks or other institutions 

may have the information, in order to reduce the breadth of the inquiry. 

Article 4(3) provides that request and information may be transmitted through, for the United States, designated law enforcement 

components and, for the European Union, designated law enforcement authorities of the Member States, or their Central Authorities under bilateral mutual legal assistance treaties. In each of the 

bilateral instruments with the 25 EU Member States implementing 

the U.S.-EU Mutual Legal Assistance Agreement, the United 

States designated its legal attache ́ to the Member State concerned 

representing the Federal Bureau of Investigation, Drug Enforcement Administration or Immigration and Customs Enforcement 

(depending on the nature of the investigation or proceeding giving 

rise to the request), as the channel of communication under this article, since this was viewed as the most rapid channel for the exchange of information which may be time-sensitive. Paragraph 3 

also allows the United States and the EU to modify these designations by exchange of diplomatic notes after the entry into force of 

this agreement. 

Under Article 4 paragraph 4(a), a State may limit its obligation 

to provide assistance under this Article to certain forms of criminality, specifically: (i) offenses punishable under the laws of the requesting and requested States (i.e., conduct as to which there is 

dual criminality standard); (ii) offenses punishable by a maximum 

penalty of at least two years in the requested State and four years 

in the requesting State (i.e., a modified application of the dual 


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XI

criminality standard); or (iii) designated offenses punishable under 

the laws of the requesting and requested States. A State may also 

make application of Article 4 unlimited in scope (i.e., no dual criminality requirement). 

Under paragraph 4(b), should a State choose to limit the scope 

of its obligation to provide assistance under the options set forth 

in paragraphs 4(a)(ii) or (iii), it must at a minimum provide assistance with respect to terrorist activity and laundering of proceeds 

generated from a comprehensive range of serious criminal activities 

punishable under the laws of both the requesting and requested 

States. In the bilateral instruments between the United States and 

EU Member States implementing the U.S.-EU Mutual Legal Assistance Agreement, the United States, consistent with the scope of 

Section 314(a) of the USA Patriot Act, chose to limit application of 

this measure to terrorist and money laundering activity punishable 

in both the requesting and requested States, and to such criminal 

activity as may subsequently be agreed between the Parties (so 

that the scope of assistance could be expanded in the future in a 

manner corresponding to any future expansion of U.S. domestic 

legislation). Most EU Member States, in turn, chose also to provide 

assistance to the same extent, but, as will be described in the country-by-country analysis of bilateral instruments that follows, a 

number agreed to provide assistance under this Article more broadly. Those EU Member States that chose to provide assistance to the 

same extent as the United States assured the United States that 

assistance would be available with respect to a wide range of conduct associated with terrorism (which includes the conduct 

criminalized in international counter-terrorism conventions to 

which they are party), and money laundering with respect to an extremely broad range of predicate offenses. The U.S. negotiators in 

turn provided the same assurance. 

Article 4(5) prohibits the invocation of bank secrecy in order to 

refuse assistance under this Article. Strictly speaking, this specification does not alter the applicable standard where there is a mutual legal assistance treaty in force between an EU Member State 

and the United States, since no U.S. MLAT permits the assertion 

of bank secrecy as a ground for refusal of assistance. However, with 

respect to EU Member States with which the United States does 

not have a mutual legal assistance treaty, this paragraph prohibits 

the EU Member State from seeking to deny assistance on this 

basis. 

Article 4(6) provides that once information has been provided 

under this Article identifying accounts or transactions, the actual 

production of records pertaining to such accounts or transactions is 

governed by the already existing MLAT provision governing the 

production of records, or, in the absence of an MLAT, by the applicable domestic law of the requested State. The same would of 

course be true with respect to the freezing or forfeiture of funds 

identified through application of this Article. 

Under Article 4(7), the United States and EU are under an obligation to ensure that application of this Article does not impose extraordinary burdens on requested States. In the event that the volume of requests became overly burdensome to banks or the points 

of contact designated under paragraph 3, a consultation mechanism 


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XII

has been established for purposes of facilitating a more effective 

application of the Article, including such measures as may be required to reduce pending and future burdens. 

Article 5 (‘‘Joint investigative teams’’) also provides a form of cooperation not explicitly provided for in existing United States bilateral mutual legal assistance treaties, and its terms supplement the 

provisions of existing treaties and apply in the absence of a treaty. 

Paragraph 1 requires the Parties to provide for the necessary legal 

authority to establish and operate joint investigative teams in the 

respective territories of the United States and the EU Member 

States, where the States concerned agree to do so. For the United 

States, the legal authority to engage in such cooperation with foreign authorities already exists under the statutory and regulatory 

frameworks for U.S. law enforcement agencies. For some EU Member States, however, an obligation to assist set forth in a binding 

legal instrument was deemed necessary to permit operation of joint 

teams in a broad variety of circumstances, such as a joint team 

similar in complexity to a U.S. domestic law enforcement task 

force, in which both police and prosecutorial components (or the investigative magistrate that in some EU countries performs this 

function) participate simultaneously. 

Under Article 5(2), the manner of the team’s operation shall be 

agreed between the competent authorities determined by the respective States concerned. 

Article 5(3) describes channels of communication. The competent 

authorities determined by the respective States concerned shall 

communicate directly for purposes of establishment and operation 

of such team, except where the complexity, scope, or other circumstances involved are deemed to require more central coordination, in which case the States concerned may agree upon other 

channels of communication. This approach facilitates speed, efficiency, and clarity by providing for direct communications in most 

cases among the affected law enforcement components, rather than 

through a mutual legal assistance request transmitted through the 

Central Authority, as would otherwise take place pursuant to a bilateral MLAT. 

Article 5(4) states that where the joint investigative team needs 

investigative measures to be taken in one of the States involved in 

the team, a member of the team of that State may request its own 

competent authorities to take those measures without the other 

State having to submit a mutual legal assistance request. The legal 

standard for obtaining the measure is the applicable domestic 

standard. In other words, where an investigative measure is to be 

carried out in the United States, for example, a U.S. team member 

would do so by invoking existing domestic investigative authority, 

and would share resulting information or evidence seized pursuant 

to existing authority to share with foreign authorities. An MLAT 

request would not be required. Of course, in a case in which there 

is no domestic U.S. jurisdiction and consequently a compulsory 

measure cannot be carried out based on domestic authority, the 

other provisions of the bilateral MLAT in force (or, absent an 

MLAT, the provisions of 28 U.S.C. Section 1782 or other provisions) 

may furnish a separate legal basis for carrying out such measure. 


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Article 6 (‘‘Video-conferencing’’) also supplements the terms of existing bilateral mutual legal assistance treaties and applies in the 

absence of a treaty. Paragraph 1 requires the Parties to provide for 

the necessary legal authority to use video transmission technology 

between the United States and the EU Member States for the purpose of taking witness testimony sought by the requesting State. 

The procedures to be applied in taking such testimony are as otherwise set forth in the applicable mutual legal assistance treaty in 

force (e.g., provisions governing execution of requests, or procedures for taking of testimony in the requested State), or—either in 

the absence of a treaty or where the terms of the treaty so provide—under the law of the requested State. Here too, general provisions of bilateral MLATs already in force and 28 U.S.C. Section 

1782 already enable the United States to provide this form of cooperation on behalf of a foreign State, but a separate provision was 

deemed useful to enable a number of EU Member States to provide 

the same cooperation to the United States. 

Article 6(2) deals with costs. Unless otherwise agreed, the requesting State shall bear the cost associated with establishing and 

servicing the transmission. Other costs are treated in accordance 

with the costs provision of the applicable MLAT in force, or, absent 

an MLAT, as agreed between the requesting and requested States. 

Article 6(3) provides for a consultation mechanism in order to facilitate legal, technical or logistical issues that may arise in a particular State. 

Article 6(4) provides that the making of intentionally false statements or other witness or expert misconduct shall be punishable in 

the same manner as if such conduct had been committed in the 

course of a domestic proceeding. This is already the case where the 

United States has been requested to facilitate the taking of video 

testimony from a witness or expert located in the United States on 

behalf of a foreign State, since the proceeding to execute the request is a U.S. proceeding and therefore penalties under U.S. law 

for perjury, obstruction of justice or contempt of court are applicable. 

Article 6(5) specifies that the availability of video transmission 

technology for purposes of facilitating the taking of testimony does 

not mean that other means of obtaining testimony are no longer 

applicable. 

Article 6(6) makes clear that the requested State may also permit the use of video conferencing technology for purposes other 

than providing testimony, including for purposes of identification of 

persons or objects, and taking of investigative statements (to the 

extent these are not considered to be testimony under the law of 

the requesting State). 

Article 7 (‘‘Expedited transmission of requests’’) supplements the 

terms of existing mutual legal assistance treaties in force and applies in the absence of a treaty. It provides that requests for mutual legal assistance, and communications related thereto, may be 

made by expedited means of communications, including fax or 

email, with formal confirmation to follow where required by the requested State. The requested State may respond to the request by 

any such expedited means of communication. Use of these means 

of transmitting or responding to requests is at the option of the 


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XIV

State concerned, and generally will facilitate the rapid execution of 

requests. 

Article 8 (‘‘Mutual legal assistance to administrative authorities’’) 

also supplements the terms of existing treaties, and applies in the 

absence thereof. Paragraph 1 provides an express legal basis for 

providing assistance to an administrative authority investigating 

conduct with a view to criminal prosecution of the conduct or referral of the conduct to criminal investigation or prosecution authorities, pursuant to its specific administrative or regulatory authority 

to undertake such investigation. If the administrative authority anticipates that no prosecution or referral will take place, assistance 

is not available under this agreement. 

This provision benefits U.S. regulatory authorities including, but 

not limited to, the Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Federal Trade 

Commission, which have statutory authority to conduct investigations with a view to subsequent referral to the Department of Justice for criminal prosecution. By the terms of Article 8(1), there is 

an obligation to afford assistance to these ‘‘national’’ (i.e., federal) 

authorities. With respect to assistance to ‘‘other’’ administrative authorities (i.e., at the state or local level), the requested State may 

provide assistance at its discretion. These obligations are described 

in more detail in the explanatory note to the U.S.-EU Mutual Legal 

Assistance Agreement, which also clarifies that there is an obligation to assist irrespective of the fact that the administrative or regulatory authority is also pursuing sanctions other than possible referral for criminal prosecution, and irrespective of whether or not 

the authority ultimately decides to pursue criminal prosecution referral. 

Pursuant to Article 8(2)(a), requests are to be transmitted between the Central Authorities pursuant to the applicable mutual 

legal assistance treaty in force, or between such other authorities 

as may be agreed among the Central Authorities. In the absence 

of a mutual legal assistance treaty, paragraph 2(b) specifies that 

such requests are to be transmitted between the U.S. Department 

of Justice and the Ministry of Justice of the EU Member State (or 

its comparable ministry where designated pursuant to Article 

15(1)), or between such other authorities as may be agreed between 

the Department of Justice and such Ministry. Pursuant to paragraph 3, the United States and EU are under an obligation to ensure that application of this Article does not impose extraordinary 

burdens on requested States. Should this occur, a consultation 

mechanism has been established for purposes of facilitating more 

effective application of the Article, including such measures as may 

be required to reduce pending and future burdens. 

Article 9 (‘‘Limitations on use to protect personal and other 

date’’) replaces the use limitation provision of existing bilateral mutual legal assistance treaties (subject to paragraphs 4 and 5, described further below). It also applies where the existing treaty has 

no use limitation article (i.e. the U.S.-Belgium treaty), as well as 

where there is no treaty in force. 

Article 9(1) permits the requesting State to use evidence or information it has obtained from the requested State for its criminal investigations and proceedings, for preventing an immediate and seVerDate Aug 31 2005 01:18 May 02, 2008 Jkt 042112 PO 00000 Frm 00016 Fmt 7633 Sfmt 7633 E:\HR\OC\TD013.XXX TD013

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rious threat to its public security, for non-criminal judicial or administrative proceedings directly related to its criminal investigations, for non-criminal judicial or administrative proceedings for 

which assistance was provided under Article 8, and for any other 

purpose if the information or evidence was made public within the 

framework of the proceedings for which it was transmitted or pursuant to the above permissible uses. Other uses of the evidence or 

information require the prior consent of the requested State. This 

paragraph represents a broader formulation than in pre-existing 

MLATs that require the consent from the requested State if the 

evidence or information is to be used for an investigation or proceeding different from that set forth in the request. The new formulation authorizes the use of the evidence and information received 

for a particular case in other criminal cases and for preventive purposes. 

Article 9(2)(a) specifies that the article does not preclude the requested State from imposing additional conditions where the particular request for assistance could not be granted in the absence 

of such conditions. Where such additional conditions are imposed, 

the requested State may require the requesting State to give information on the use made of the evidence or information. 

Article 9(2)(b) provides that generic restrictions with respect to 

the legal standards in the requesting State for processing personal 

data may not be imposed by the requested State as a condition 

under paragraph 2(a) to providing evidence or information. This is 

further elaborated upon in the explanatory note to the U.S.-EU 

Mutual Legal Assistance Agreement, which specifies that the fact 

that the requesting and requested States have different systems of 

protecting the privacy of data does not give rise to a ground for refusal of assistance, and may not as such give rise to additional conditions under paragraph 2(a). Such refusal of assistance could only 

arise in exceptional cases in which, upon balancing the important 

interests involved in the particular case, furnishing the specific 

data sought by the requesting State would raise difficulties so fundamental as to be considered by the requested State to fall within 

the essential interests grounds for refusal. 

Article 9(3) provides that where, following disclosure to the requesting State, the requested State becomes aware of circumstances that may cause it to seek additional conditions in a 

particular case, it may consult with the requesting State to determine the extent to which the evidence or information can be protected. 

Article 9(4) provides that the requested State instead may apply 

the use limitation provision of the existing mutual legal assistance 

treaty where to do so will result in less restriction on the use of 

evidence of information than provided for in this Article. This paragraph applies to those mutual legal assistance treaties between the 

United States and EU Member States in which there is no use limitation unless specifically invoked by the requested State. In such 

cases, the requested State remains free to impose no limitation, 

and the use limitation article in the relevant bilateral instruments 

between the United States and such EU Member States has been 

drafted accordingly. 


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Article 9(5) provides that, where the bilateral mutual legal assistance treaty in force between the United States and an EU 

Member State on the date of signature of the U.S.-EU Mutual 

Legal Assistance Agreement limits the obligation to provide assistance with respect to certain tax offenses, the Member State concerned may indicate in its written instrument with the United 

States that, with respect to such offenses, it will continue to apply 

the pre-existing bilateral provision. Only Luxembourg has made 

use of this provision, so that with respect to tax offenses as to 

which the obligation to provide assistance is limited by the U.S.- 

Luxembourg MLAT, the prior use limitation provision applies. 

Article 10 (‘‘Requesting State’s request for confidentiality’’), like 

similar provisions in many modern U.S. MLATs, requires the requested State, if asked, to use its best efforts to keep confidential 

a request and its contents, and to inform the requesting State if 

the request cannot be executed without breaching confidentiality. 

The article applies where the existing mutual legal assistance treaty does not already contain such a provision, or in the absence of 

a treaty. 

Under Article 11 (‘‘Consultations’’), the United States and European Union shall consult for purposes of enabling the most effective use of the U.S.-EU Mutual Legal Assistance Agreement. 

Article 12 (‘‘Temporal application’’) provides that the U.S.-EU 

Mutual Legal Assistance Agreement applies to offenses committed 

before as well as after it enters into force. Articles 6 (‘‘Video-conferencing’’) and 7 (‘‘Expedited transmission of requests’’) apply to requests pending in a requested State at the time of the U.S.-EU Mutual Legal Assistance Agreement’s entry into force; otherwise the 

Agreement applies to requests for mutual legal assistance made 

after its entry into force. 

Article 13 (‘‘Non-derogation’’) makes clear that the U.S.-EU Mutual Legal Assistance Agreement’s provisions do not preclude the 

assertion of a ground for refusal set forth in the applicable mutual 

legal assistance treaty, or, in the absence of a treaty, applicable 

legal principles (sovereignty, security, ordre public or other essential interests) except where such ground for refusal is precluded by 

Articles 4(5) (bank secrecy) and 9(2)(b) (generic restrictions relating 

to personal data) of the U.S.-EU Mutual Legal Assistance Agreement. 

Article 14 (‘‘Future bilateral mutual legal assistance treaties with 

Member States’’) provides that the United States and EU Member 

States may conclude future mutual legal assistance agreements 

consistent with the U.S.-EU Mutual legal Assistance Agreement. In 

the Explanatory Note, it is clarified that should measures set forth 

in the U.S.-EU Mutual Legal Assistance Agreement create operational difficulties for the United States or a Member State, and 

consultations alone cannot remedy the difficulty, a future bilateral 

agreement with the Member State could contain an operationally 

feasible alternative mechanism that satisfies the objectives of the 

provision in question. 

Article 15 (‘‘Designation and notification’’) provides that the EU 

shall notify the United States of designations pursuant to Articles 

4(3) (points of contact for identification of bank information), 4(4) 

(designation of scope of bank information article) and 8(2) (comVerDate Aug 31 2005 01:18 May 02, 2008 Jkt 042112 PO 00000 Frm 00018 Fmt 7633 Sfmt 7633 E:\HR\OC\TD013.XXX TD013

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petent authority other than Ministry of Justice designated as point 

of contact for cooperation with administrative authorities), prior to 

the completion of bilateral written instruments between the U.S. 

and Member States under Articles 3(2) or 3(3). This notification requirement was intended to ensure that the identity of these authorities would be set forth in the bilateral instruments. 

Under Article 16(1) (‘‘Territorial application’’), the U.S.-EU Mutual Legal Assistance Agreement applies to the United States of 

America, to EU Member States, to territories for whose external relations a Member State is is responsible, and to countries for whom 

the member has other duties pertaining to their external relations, 

where agreed upon by exchange of diplomatic note between the EU 

and United States, duly confirmed by the relevant Member State. 

Several EU Member States have such responsibilities; hence, this 

enables the United States and EU to agree to include such territories or countries within the ambit of the U.S.-EU Mutual Legal 

Assistance Agreement. Under paragraph 2, application of the U.S.- 

EU Mutual Legal Assistance Agreement to such territories or countries may be terminated upon six month’s written notice through 

the diplomatic channel, again where confirmed between the United 

States and the Member State concerned. 

Article 17 (‘‘Review’’) provides that the United States and the EU 

will carry out a common review of the U.S.-EU Mutual Legal Assistance Agreement no later than five years after its entry into 

force, in particular for purposes of addressing its practical implementation and the consequences of the further development of the 

European Union in relation to the subject matter of the U.S.-EU 

Mutual Legal Assistance Agreement. 

Article 18(1) (‘‘Entry into force and termination’’), provides that 

the U.S.-EU Mutual Legal Assistance Agreement shall enter into 

force on the first day following the third month after the date on 

which the United States and the EU have indicated that they have 

completed their internal procedures for this purpose. The exchange 

of instruments of ratification between the United States and the 

European Union shall also indicate that the bilateral instruments 

between the United States and all EU Member States have been 

completed. Article 18(2) provides that either the United States or 

EU may terminate the U.S.-EU Mutual Legal Assistance Agreement by giving written notice to the other, with such termination 

effective six months after the date of such notice. 

Bilateral Instruments between the United States and the EU Member States implementing the U.S.-EU Mutual Legal Assistance 

Agreement 

As noted above, Article 3(2) of the U.S.-EU Mutual Legal Assistance Agreement requires the conclusion of a written instrument between the United States and each Member State, indicating the application of Agreement’s provisions in the bilateral mutual legal assistance relationship. The following discussion delineates the content and character of each of these instruments, and any particular 

understandings reached between the United States and individual 

Member States during the course of negotiations. 

The title chosen for the ‘‘written instrument’’ required by Article 

3(2) of the U.S.-EU Mutual Legal Assistance Agreement varies 


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among the Member States. Most Member States preferred to retain 

the term ‘‘Instrument’’ as used in the U.S.-EU Agreement, but others preferred more specific descriptions utilized under their national law that also are consistent with the binding character of the 

instrument under international law. Thus, instruments with several Member States (e.g. Germany and the Czech Republic) are 

termed supplementary treaties, to indicate their precise function 

and legal character in relation to existing treaties, while other 

Member States (e.g. Austria and Greece) preferred the similar term 

‘‘protocol.’’ Still others chose the more general ‘‘Agreement;’’ (e.g. 

Netherlands and Poland). 

Each instrument first expresses the agreement of the Parties to 

apply the provisions of the U.S.-EU Mutual Legal Assistance 

Agreement under the terms laid out in Article 3. The new textual 

provisions to be applied are either specified verbatim in the instrument, or set out in an annex containing a revised consolidated text. 

The United States regarded the annex form as preferable from the 

perspective of U.S. courts and practitioners called upon to interpret 

a particular mutual assistance treaty with a Member State. A majority of Member States agreed. 

Other Member States, however, opted for non-integrated texts, in 

which only the newly-operative supplemental or replacement language is set forth, and in the instrument itself rather than in a 

separate annex. These Member States regarded inclusion of a consolidated text as not permitted by their domestic law. The consequence of the non-integrated approach is only that reference to 

both the instrument and the pre-existing treaty is necessary in 

order to apply the entire set of obligations between the United 

States and the Member State. 

Each instrument, for reasons of clarity, also recites the provision 

on temporal application from the U.S.-EU Mutual Legal Assistance 

Agreement, stating that the instrument applies to offenses committed before as well as after it enters into force, but, in general, 

does not apply to requests made prior to its entry into force. 

Instruments with several Member States required specification 

as to their geographic scope. These states—Denmark, the Netherlands, and the United Kingdom—exercise foreign relations responsibilities for territories or independent countries, including applying the European state’s law enforcement treaties on their behalf. 

However, since the geographic scope of the European Union for 

purposes of criminal justice cooperation does not necessarily extend 

to all these territories and countries, the provisions of the U.S.-EU 

Mutual Legal Assistance Agreement would not apply to them unless specifically stipulated. Consequently, the relevant bilateral instruments spell out whether mutual legal assistance relations with 

the United States in respect of these territories and countries 

would continue to be governed by the pre-existing treaties in unmodified form. 

Each bilateral instrument also contains a provision on entry into 

force and termination. Entry into force of each instrument occurs 

on the date of entry into force of the U.S.-EU Mutual Legal Assistance Agreement, after exchange of notifications. Eighteen Member 

States will ratify both the U.S.-EU Mutual Legal Assistance Agreement and the bilateral instrument, since they serve to amend bilatVerDate Aug 31 2005 01:18 May 02, 2008 Jkt 042112 PO 00000 Frm 00020 Fmt 7633 Sfmt 7633 E:\HR\OC\TD013.XXX TD013

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eral treaties which previously also were ratified. Four Member 

States regard formal ratification of the U.S.-EU Mutual Legal Assistance Agreement as unnecessary under their domestic constitutional order, however, as authority in this respect has been deemed 

to have been granted to the EU, but will ratify the implementing 

bilateral instruments. Three Member States viewed it as unnecessary to ratify even the bilateral instrument. 

Finally, in the event of termination of the U.S.-EU Mutual Legal 

Assistance Agreement—a step that would take place between the 

Parties to this Agreement—the bilateral instruments also shall terminate. Thereupon application of the pre-existing bilateral treaties, 

which are regarded as suspended while the bilateral instruments 

are in force, would resume. The United States and the Member 

States could, however, agree bilaterally to continue to apply some 

or all of the provisions in the bilateral instrument derived from the 

U.S.-EU Mutual Legal Assistance Agreement. 

Austria 

The bilateral mutual legal assistance instrument with Austria 

was signed on July 20, 2005, and is entitled a protocol to the 1995 

U.S.-Austria Mutual Legal Assistance Treaty. Articles 1–7 of the 

bilateral protocol incorporate the U.S.-EU Mutual Legal Assistance 

Agreement provisions into the 1995 MLAT as follows: Articles 4(1)–

(5) (identification of bank information), 5 (joint investigative 

teams), and 6(1), (3)–(6) (video) conferencing) of the U.S.-EU Mutual Legal Assistance Agreement are added as Articles 18–20, with 

the existing Articles 18–20 being renumbered accordingly; Article 

6(2) of the U.S.-EU Mutual Legal Assistance Agreement (cost of 

video-conference) is added as the final sentence of Article 6 of the 

bilateral treaty (costs); Article 7 of the U.S.-EU Mutual Legal Assistance Agreement (expedited transmission of requests) is incorporated through a new formulation that replaces Article 4(1); Article 8(2) of the U.S.-EU Mutual Legal Assistance Agreement (channel for transmission of requests by administrative or regulatory authorities) is added as the final sentence of Article 2(2), which already provided for the power to make such requests required by 

U.S.-EU Mutual Legal Assistance Agreement in Article 8(1); and 

Article 9(1)–(3) of the U.S.-EU Mutual Legal Assistance Agreement 

(use limitations) replaces the majority of Article 7. The final two 

articles of the bilateral protocol reflect the provisions of Articles 12 

(temporal application) and 18 (entry into force and termination) of 

the U.S.-EU Mutual Legal Assistance Agreement. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 4 of the bilateral protocol (identification of bank information) specifies that Austria’s point of contact for the exchange of bank information under 

this Article is the Ministry of Justice, and that, like the United 

States, Austria will provide assistance under this Article with respect to money laundering and terrorist activity punishable under 

the laws of both States and with respect to such other criminal activity as Austria may notify the United States. 


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Belgium 

The bilateral mutual legal assistance instrument with Belgium 

was signed on December 16, 2004. Paragraph 1 of the bilateral instrument specifies the articles of the U.S.-EU Mutual Legal Assistance Agreement applicable between the United States and Belgium 

as well as certain clarifications and designations concerning the 

Annex to the instrument. Paragraph 2 provides that the Annex reflects the integrated text that shall apply between the United 

States and Belgium. Paragraphs 3–5 contain rules on temporal application, entry into force and termination, based on those set forth 

in Articles 12 and 18 of the U.S.-EU Mutual Legal Assistance 

Agreement. 

The Annex integrates the U.S.-EU Mutual Legal Assistance 

Agreement into the 1988 U.S.-Belgium Mutual Legal Assistance 

Treaty as follows: Article 4 of the U.S.-EU Mutual Legal Assistance 

Agreement (identification of bank information) is added as Article 

12 bis; Article 5 of the U.S.-EU Mutual Legal Assistance Agreement (joint investigative teams) is added as Article 12 ter; Article 

6 of the U.S.–EU Mutual Legal Assistance Agreement (video-conferencing) is added as Articles 18(2 bis) and 12 quarter; Article 7 

of the U.S.-EU Mutual Legal Assistance Agreement (expedited 

transmission of requests) is set forth in Article 17(3); Article 8 of 

the U.S.-EU Mutual Legal Assistance Agreement (assistance to administrative or regulatory authorities) is added as Article 1(1 bis); 

and Article 9 of the U.S.-EU Mutual Legal Assistance Agreement 

(use limitations) is added as Article 13 bis. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, paragraph 1(a)(ii) of 

the bilateral instrument and Article 12 bis of the Annex (identification of bank information) specify that Belgium’s point of contact for 

the exchange of bank information under this Article is the Minister 

of Justice, and that, like the United States, Belgium will provide 

assistance under this Article with respect to money laundering and 

terrorist activity punishable under the laws of both States and with 

respect to such other criminal activity as the States may notify 

each other. 

Cyprus 

The bilateral mutual legal assistance instrument with Cyprus 

was signed on January 20, 2006. Paragraph 1 of the bilateral instrument specifies the articles of the U.S.-EU Mutual Legal Assistance Agreement applicable between the United States and Cyprus. 

Paragraph 2 provides that the Annex to the instrument reflects the 

integrated text that shall apply between the United States and Cyprus. Paragraphs 3–5 contain rules on territorial application, entry 

into force and termination, based on those set forth in Articles 12 

and 18 of the U.S.-EU Mutual Legal Assistance Agreement. 

The Annex integrates the U.S.-EU Mutual Legal Assistance 

Agreement into the 1999 U.S.-Cyprus Mutual Legal Assistance 

Treaty as follows: Article 4 of the U.S.-EU Mutual Legal Assistance 

Agreement (identification of bank information) is added as Article 

17 bis; Article 5 of the U.S.-EU Mutual Legal Assistance Agreement (joint investigative teams) is added as Article 17 ter; Article 

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encing) is added to Article 6 and as Article 17 quater; Article 7 of 

the U.S.-EU Mutual Legal Assistance Agreement (expedited transmission of requests) is set forth in a new formulation that replaces 

Article 4(1); Article 8 of the U.S.-EU Mutual Legal Assistance 

Agreement (assistance to administrative or regulatory authorities) 

is added as Article 1 (1 bis); and Article 9 of the U.S.-EU Mutual 

Legal Assistance Agreement (use limitations) replaces Article 7(1)– (3). 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 17 bis of the 

Annex (identification of bank information) specifies that Cyprus’ point of contact for the exchange of bank information under this 

Article is its central authority under Article 2 of the 1999 Treaty 

(i.e., the Minister of Justice and Public Order or his designee), and 

that it will provide assistance under this Article with respect to offenses punishable by a penalty involving deprivation of liberty or 

a detention order of a maximum period of at least four years in the 

requesting State and at least two years in the requested State. 

Czech Republic 

The bilateral mutual legal assistance instrument with the Czech 

Republic was signed on May 16, 2006, and is entitled a supplementary treaty to the 1998 U.S.-Czech Mutual Legal Assistance 

Treaty. Articles 1 through 6 of the supplementary treaty incorporate the U.S.-EU Mutual Legal Assistance Agreement provisions 

into the 1998 MLAT, as follows: Articles 4 (identification of bank 

information), 5 (joint investigative teams), and 6 (video-conferencing) of the U.S.-EU Mutual Legal Assistance Agreement, reflected in Articles 3, 6–8 of the supplementary treaty, are added as 

new Articles 6(1)(d), 20a, 20b and 20c of the 1998 MLAT. Article 

7 of the U.S.-EU Mutual Legal Assistance Agreement (expedited 

transmission of requests), reflected in Article 2 of the supplementary treaty, replaces Article 4(1) of the 1998 MLAT. Article 8 

of the U.S.-EU Mutual Legal Assistance Agreement (assistance to 

administrative or regulatory authorities), reflected in Article 1 of 

the supplementary treaty, replaces Article 2(1) and (2) of the 1998 

MLAT. Article 9 of the U.S.-EU Mutual Legal Assistance Agreement (use limitations), reflected in Article 4 of the supplementary 

treaty, replaces Article 7 of the 1998 MLAT. Article 10 of the U.S.- 

EU Mutual Legal Assistance Agreement (requesting State’s request 

for confidentiality), reflected in Article 5 of the supplementary treaty, replaces Article 8 of the 1998 MLAT. 

Articles 9 and 11 of the supplementary treaty reflect the provisions of Articles 12 (temporal application) and 18 (entry into force 

and termination) of the U.S.-EU Mutual Legal Assistance Agreement. Article 10 confirms that the supplementary treaty shall be 

interpreted consistent with the U.S.-EU Mutual Legal Assistance 

Agreement. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 6 of the supplementary treaty (identification of bank information) specifies that 

the Czech Republic’s point of contact for the exchange of bank information under this Article is its central authority (i.e., the Office 

of the Prosecutor General and the Ministry of Justice); and that, 


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like the United States, the Czech Republic will provide assistance 

under this Article with respect to money laundering and terrorist 

activities punishable under the laws of both States, and other 

criminal activity as the States may notify each other. 

Denmark 

The bilateral mutual legal assistance instrument with Denmark 

was signed on June 23, 2005, and is entitled an agreement. The bilateral agreement, in paragraph 1, specifies the articles of the U.S.- 

EU Mutual Legal Assistance Agreement applicable between the 

United States and Denmark. Paragraph 2 provides that the Annex 

to the agreement reflects the provisions that shall apply between 

the United States and Denmark. Paragraph 3, in accordance with 

Article 16 of the U.S.-EU Mutual Legal Assistance Agreement, provides that the instrument shall not apply to Greenland or the 

Faroe Islands unless the United States and the EU, by exchange 

of diplomatic notes duly confirmed by Denmark, subsequently 

agree otherwise. Paragraphs 4 and 5 contain rules of temporal application, based on those set forth in Article 12 of the U.S.-EU Mutual Legal Assistance Agreement. Paragraph 6 contains the provisions on entry into force and termination, based on those set forth 

in Article 18 of the U.S.-EU Mutual Legal Assistance Agreement. 

Since the United States and Denmark do not have a bilateral 

mutual legal assistance treaty in force between them, the bilateral 

agreement is a partial one governing only those issues regulated by 

the U.S.-EU Mutual Legal Assistance Agreement, specifically: Article 4 (identification of bank information), 5 (joint investigative 

teams), 6 (video conferencing), 7 (expedited transmission of requests), 8 (assistance to administrative or regulatory authorities), 

9 (use limitations), 10 (requesting State’s request for confidentiality), and 13 (grounds for refusal). 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 1 of the 

Annex (identification of bank information) specifies that Denmark’s 

point of contact for the exchange of bank information under this 

Article is the Ministry of Justice, and that Denmark will provide 

assistance under this Article with respect to offenses punishable 

under the laws of the requesting State by a penalty of four years 

and under the laws of the requested State by a penalty of two 

years. Article 5 of the Annex provides that requests for assistance 

to administrative or regulatory authorities shall be transmitted between the U.S. Department of Justice and the Danish Ministry of 

Justice. 

Estonia 

The bilateral mutual legal assistance instrument with Estonia 

was signed on February 8, 2006. The bilateral instrument, in paragraph 1, specifies the articles of the U.S.-EU Mutual Legal Assistance Agreement applicable between the United States and Estonia. 

Paragraph 2 provides that the Annex to the instrument reflects the 

integrated text that shall apply between the United States and Estonia. Paragraphs 3–5 contains rules of temporal application, entry 

into force and termination, based on those set forth in Articles 12 

and 18 of the U.S.-EU Mutual Legal Assistance Agreement. 


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The Annex integrates the U.S.-EU Mutual Legal Assistance 

Agreement into the 1998 U.S.-Estonia Mutual Legal Assistance 

Treaty, as follows: Article 4 of the U.S.-EU Mutual Legal Assistance Agreement (identification of bank information) is added as Article 17 bis; Article 5 of the U.S.-EU Mutual Legal Assistance 

Agreement (joint investigative teams) is added as Article 17 ter; 

Article 6 of the U.S.-EU Mutual Legal Assistance Agreement (video 

conferencing) is added in Articles 6 and 17 quater; Article 7 of the 

U.S.-EU Mutual Legal Assistance Agreement (expedited transmission of requests) is incorporated through a new formulation that 

replaces Article 4(1); Article 8 of the U.S.-EU Mutual Legal Assistance Agreement (assistance to administrative or regulatory authorities) is added as Article 1 (1 bis); and Article 9 of the U.S.- 

EU Mutual Legal Assistance Agreement (use limitations) replaces 

the majority of Article 7. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 17 bis of the 

Annex (identification of bank information) specifies that Estonia’s 

point of contact for the exchange of bank information under this 

Article is the Ministry of Justice, and that Estonia will provide assistance under this Article with respect to offenses punishable 

under the laws of the requesting and requested States. 

Finland 

The bilateral mutual legal assistance instrument with Finland 

was signed on December 16, 2004, and is entitled a treaty. Paragraph 1 of the bilateral treaty specifies the articles of the U.S.-EU 

Mutual Legal Assistance Agreement that are to be applied. Paragraph 2 provides that the Annex to the treaty reflects the provisions that shall apply between the United States and Finland. 

Paragraphs 3–5 contain rules on temporal application, entry into 

force and termination, based on those set forth in Articles 12 and 

18 of the U.S.-EU Mutual Legal Assistance Agreement. 

Since the United States and Finland do not have a bilateral mutual legal assistance treaty in force between them, the bilateral 

treaty is a partial one governing only those issues regulated by the 

U.S.-EU Mutual Legal Assistance Agreement, specifically: Articles 

4 (identification of bank information), 5 (joint investigative teams), 

6 (video-conferencing), 7 (expedited transmission of requests), 8 (assistance to administrative or regulatory authorities), 9 (use limitations), 10 (requesting State’s request for confidentiality); and 13 

(grounds for refusal). 

With respect to the designations required by Articles 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 1 of the 

Annex (identification of bank information) specifies that Finland’s 

point of contact of the exchange of bank information under this Article is its Military of Justice, and that, like the United States, Finland will provide assistance under this Article with respect to 

money laundering and terrorist activity punishable under the laws 

of both States and with respect to such other criminal activity as 

the States may notify each other. Article 5 of the Annex provides 

that requests for assistance to administrative or regulatory authorities shall be transmitted between the U.S. Department of Justice and the Finnish Ministry of Justice. 


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France 

The bilateral mutual legal assistance instrument with France 

was signed on September 30, 2004. Paragraph A of Articles I–VI 

sets forth the text of the articles of the U.S.-EU Mutual Legal Assistance Agreement applicable between the United States and 

France. Paragraph B of Articles I–VI specifies the extent to which 

these provisions supplement or replace provisions of the 1998 U.S.- 

France Mutual Legal Assistance Treaty, and provides other necessary explanations regarding the manner in which the U.S.-EU 

Mutual Legal Assistance Agreement text is to operate in a bilateral 

setting. Articles VII–VIII contain rules of temporal application, 

entry into force and termination based on those set forth in Articles 

12 and 18 of the U.S.-EU Mutual Legal Assistance Agreement. 

Six provisions of the U.S.-EU Mutual Legal Assistance Agreement are incorporated into the 1998 MLAT, as follows: Articles 4 

(identification of bank information), 5 (joint investigative teams), 6 

(video conferencing), 7 (expedited transmission of requests), and 8 

(requests by administrative or regulatory authorities) of the U.S.- 

EU Mutual Legal Assistance Agreement supplement the provisions 

of the 1998 MLAT. Article 9(1)–(4) of the U.S.-EU Mutual Legal 

Assistance Agreement (use limitations) applies in place of Article 

14(3)–(5) of the 1998 MLAT; although, pursuant to U.S.-EU Article 

9(4), Article 14 of the 1998 Treaty may be applied if to do so would 

result in less limitation on use. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article I (identification of bank information) specifies that France’s point of contact for 

the exchange of bank information under this Article is its central 

authority under Article 2(1) of the 1998 Treaty (i.e., the Ministry 

of Justice), and that France will provide assistance under this Article even in the absence of dual criminality. 

Germany 

The bilateral mutual legal assistance instrument with Germany 

was signed on April 18, 2006, and is entitled a supplementary treaty to the 2003 U.S.-Germany Mutual Legal Assistance Treaty. The 

instrument foresees the entry into force of the 2003 bilateral treaty 

prior to, or contemporaneous with, the entry into force of this bilateral supplementary treaty. 

Articles 1–7 of the bilateral supplementary treaty incorporates 

the U.S.-EU Mutual Legal Assistance Agreement provisions into 

the 2003 MLAT as follow: Article 4 of the U.S.-EU Mutual Legal 

Assistance Agreement (identification of bank information) is added 

as Article 9 bis: Article 5 of the U.S.-EU Mutual Legal Assistance 

Agreement (joint investigative teams) is added as Article 12 bis; 

Article 6 of the U.S.-EU Mutual Legal Assistance Agreement (video 

conferencing) is added as Article 10 bis, and the costs provision 

thereof is incorporated in Article 21(1); Article 7 of the U.S.-EU 

Mutual Legal Assistance Agreement (expedited transmission of requests) is incorporated through a new formulation that replaces Article 17(3); Article 8 of the U.S.-EU Mutual Legal Assistance Agreement (requests by administrative or regulatory authorities) is set 

forth in a new formulation replacing Article 1(1) of, and adding a 

new Article 2(5) to, the 2003 MLAT; and Article 9 of the U.S.-EU 


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Mutual Legal Assistance Agreement (use limitations) is incorporated through new formulations that replace Articles 15 and 16. 

The final two articles of the supplementary treaty reflect the provisions of Articles 12 (temporal application) and 18 (entry into force 

and termination) of the U.S.-EU Mutual Legal Assistance Agreement. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 3 of the supplementary treaty (identification of bank information) specifies that 

Germany’s point of contact for the exchange of bank information 

under this Article is the Federal Ministry of Justice, and that, like 

the United States, Germany will provide assistance under this Article with respect to money laundering and terrorist activity punishable under the laws of both States and with respect to such 

other criminal activity as the States may notify each other. 

The United States and Germany agreed that the penultimate 

sentence of the new text of Article 16 of the supplementary treaty 

entitles U.S. authorities competent in treating antitrust offenses 

(including the U.S. Central Authority for mutual legal assistance) 

to disclose to other authorities evidence or information received 

from Germany that may aid in the investigation or prosecution of 

other offenses. 

Greece 

The bilateral mutual legal assistance instrument with Greece 

was signed on January 18, 2006, and is entitled a protocol to the 

1999 U.S.-Greece Mutual Legal Assistance Treaty. Articles 1 

through 6 of the bilateral protocol incorporate the U.S.-EU Mutual 

Legal Assistance Agreement provisions into the 1999 MLAT, as follow: Article 4 (identification of bank information), 5 (joint investigative teams), 6 (video-conferencing), and 8 (assistance to administrative or regulatory authorities), of the U.S.-EU Mutual Legal 

Assistance Agreement, set forth in Articles 1, 2, 3 and 5 of the bilateral protocol, generally supplement the provisions of the 1999 

MLAT. Article 7 of the U.S.-EU Mutual Legal Assistance Agreement (expedited transmission of requests), set forth in Article 4 of 

the bilateral protocol, supplements Article 4(1). Article 9 of the 

U.S.-EU Mutual Legal Assistance Agreement (use limitations), set 

forth in Article 6 of the bilateral protocol, replaces Article 7, paragraphs 1, 3, and 4. 

The final provisions of the bilateral protocol are as follows: Article 7 thereof confirms that other provisions of the 1999 MLAT remain in force, and that the protocol shall be interpreted consistent 

with the U.S.-EU Mutual Legal Assistance Agreement. Article 8 

and 9 reflect the provisions of Article 12 (temporal application) and 

18 (entry into force and termination) of the U.S.-EU Mutual Legal 

Assistance Agreement. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 1 of the protocol (identification of bank information) specifies that Greece’s 

point of contact for the exchange of bank information under this 

Article is the Ministry of Justice; and that, like the United States, 

Greece will provide assistance under this Article with respect to 

money laundering and terrorist activities punishable under the 


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laws of both States and with respect to such other criminal activity 

as the States may notify each other. 

Hungary 

The bilateral mutual legal assistance instrument with Hungary 

was signed on November 15, 2005, and is entitled a protocol to the 

1994 U.S.-Hungary Mutual Legal Assistance Treaty. Articles 1 

through 8 of the bilateral protocol incorporate the U.S.-EU Mutual 

Legal Assistance Agreement provisions into the 1994 MILAT, as 

follow: Article 4 of the U.S.-EU Mutual Legal Assistance Agreement (identification of bank information) is added as Article 17A; 

Article 5 of the U.S.-EU Mutual Legal Assistance Agreement (joint 

investigation teams) is added as Article 17B; Article 6 of the U.S.- 

EU Mutual Legal Assistance Agreement (video-conferencing) is 

added as Article 6(2) and 17C; Article 7 of the U.S.-EU Mutual 

Legal Assistance Agreement (expedited transmission of requests) is 

incorporated through a new formulation that replaces Article 4(1); 

Article 8 of the U.S.-EU Mutual Legal Assistance Agreement (assistance to administrative or regulatory authorities) is added as Article 1 (1A); Article 9 of the U.S.-EU Mutual Legal Assistance 

Agreement (use limitations) is incorporated through a new formulation that replaces Article 7; and Article 10 of the U.S.-EU Mutual 

Legal Assistance Agreement (requesting State’s request for confidentiality) is added as Article 7A. 

The final provisions of the bilateral protocol are as follows: Articles 9 and 10 of the bilateral protocol reflect the provisions of Article 12 (temporal application) and 18 (entry into force and termination) of the U.S-EU Mutual Legal Assistance Agreement. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 6 of the protocol (identification of bank information) specifies that Hungary’s 

point of contact for the exchange of bank information under this 

Article is the Prosecutor General, provided however that a request 

from Hungary concerning a matter in which trial has commenced 

shall be transmitted by the Ministry of Justice. With respect to the 

scope of Article 4, Hungary will provide assistance under this Article with respect to criminal activity punishable under the laws of 

both States. 

Ireland 

The bilateral mutual legal assistance instrument with Ireland 

was signed on July 14, 2005. The 2001 U.S.-Ireland Mutual Legal 

Assistance Treaty is not yet in force, having been ratified by the 

United States but not by Ireland. Ireland intends to ratify the 2001 

Treaty and this instrument contemporaneously. 

Article 1 of the bilateral instrument specifies the articles of the 

U.S.-EU Mutual Legal Assistance Agreement applicable between 

the United States and Ireland. Article 2 provides that the Annex 

to the instrument reflects the integrated text that shall apply between the United States and Ireland. Articles 3–5 contain rules on 

temporal application, entry into force and termination, based on 

those set forth in Articles 12 and 18 of the U.S.-EU Mutual Legal 

Assistance Agreement. 


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XXVII

The Annex integrates the U.S.-EU Mutual Legal Assistance 

Agreement into the 2001 MLAT as follows: Article 4 of the U.S.- 

EU Mutual Legal Assistance Agreement (identification of bank information) is added as Article 16 bis; Article 5 of the U.S.-EU Mutual Legal Assistance Agreement (joint investigative teams) is 

added as Article 16 ter; Article 6 of the U.S.-EU Mutual Legal Assistance Agreement (video-conferencing) amends Article 6 and is 

added as Article 16 quater; Article 7 of the U.S.-EU Mutual Legal 

Assistance Agreement (expedited transmission of requests) is set 

forth in a new formulation and replaces Article 4(1); Article 8 of 

the U.S.-EU Mutual Legal Assistance Agreement (assistance to administrative or regulatory authorities) is added as Article 1 (1 bis); 

and Article 9 of the U.S.-EU Mutual Legal Assistance Agreement 

(use limitations) replaces Article 7. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 16 bis of the 

Annex (identification of bank information) specifies that Ireland’s 

point of contact for the exchange of bank information under this 

Article is its central authority under Article 2 of the 2001 MLAT 

(i.e., the Minister of Justice, Equality and Law Reform, or designee), and that it will provide assistance under this Article with 

respect to money laundering and terrorist activity punishable 

under the laws of both States, and with respect to other criminal 

activity punishable by a maximum sentence of at least five years’ imprisonment or more serious penalty under Irish law and also 

punishable under United States law. 

Finally, although not required by the U.S.-EU Agreement, the 

United States and Ireland revised the forms to be used in conjunction with application of the bilateral instrument. The result is that 

Forms A, B, C, D, and E of the 2001 MLAT have been renumbered 

as Forms A1, B1, C1, D1, and E1 are to be used when Ireland is 

the requesting Party. When the United States is the requesting 

Party, new forms A2, B2, C2, D2, and E2 have been provided, 

which are identical in many respects but which contain minor 

modifications sought by Ireland in order to better conform to its 

law and practice. 

Italy 

The bilateral mutual legal assistance instrument with Italy was 

signed on May 3, 2006. The instrument, in paragraph 1, specifies 

the articles of the U.S.-EU Mutual Legal Assistance Agreement applicable between the United States and Italy. Paragraph 2 provides 

that the Annex to the instrument reflects the integrated text that 

shall apply between the United States and Italy. Paragraphs 3 and 

4 contain rules of temporal application, based on those set forth in 

Article 12 of the U.S.-EU Mutual Legal Assistance Agreement. 

Paragraph 5 provides for a change to Article 18 (seizure, immobilization, and forfeiture of assets) of the 1982 U.S.-Italy Mutual 

Legal Assistance Treaty. Paragraph 6 contains the provisions on 

entry into force and termination, based on those set forth in Article 

18 of the U.S.-EU Mutual Legal Assistance Agreement. 

The Annex integrates Articles 4–11 of the U.S.-EU Mutual Legal 

Assistance Agreement into the 1982 MLAT, as follows: Article 4 of 

the U.S.-EU Mutual Legal Assistance Agreement (identification of 


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XXVIII

bank information) is added as Article 18 bis; Article 5 of the U.S.- 

EU Mutual Legal Assistance Agreement (joint investigative teams) 

is added as Article 18 ter; Article 6 of the U.S.-EU Mutual Legal 

Assistance Agreement (video conferencing) is added as Article 18 

quater and through a change to Article 7 (costs); Article 7 of the 

U.S.-EU Mutual Legal Assistance Agreement (expedited transmission of requests) is incorporated through a new formulation that 

replaces Article 2(3); Article 8 of the U.S.-EU Mutual Legal Assistance Agreement (assistance to administrative or regulatory authorities) is added as Article 1(1 bis); and Article 9 of the U.S.-EU 

Mutual Legal Assistance Agreement (use limitations) replaces the 

majority of Article 8. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 18 bis of the 

Annex (identification of bank information) specifies that Italy’s 

point of contact for the exchange of bank information under this 

Article is the Minister of Justice. Article 18 bis also specifies that 

Italy will provide assistance under this Article with respect to terrorist and money laundering activity punishable under the law of 

both States. Since Italian law does not punish the person committing the predicate offense for the separate offense of money laundering, it further states that Italy shall provide cooperation with 

respect to activities punishable as the offense of money laundering 

in the United States but as a predicate offense to money laundering under Italian law. Finally, Italy also will provide assistance 

with respect to such other criminal activity as it may subsequently 

designate. 

In addition, as mentioned above, although not required by the 

U.S.-EU Mutual Legal Assistance Agreement, the United States 

and Italy modified Article 18 of the 1982 MLAT (seizure, immobilization, and forfeiture of assets), in order to replace the original 

formulation, which had not been implemented in accordance with 

an exchange of diplomatic notes between the United States and 

Italy dated November 13, 1985. The Parties also agreed that the 

formulation in Article 2(3) does not change the current, non-treatybased practice, whereby requests are made by the Central Authorities, although in executing requests the relevant executing authorities may communicate with authorities of the other country. 

Latvia 

The bilateral mutual legal assistance instrument with Latvia 

was signed on December 7, 2005, and is entitled a protocol to the 

1997 U.S.-EU Mutual Legal Assistance Treaty. Articles 1–7 of the 

bilateral protocol incorporate the U.S.-EU Mutual Legal Assistance 

Agreement provisions into the 1997 MLAT as follows: Articles 4(1)–

(5) (identification of bank information), 5 (joint investigative 

teams), and 6(1), (3)–(6) (video conferencing) of the U.S.-EU Mutual 

Legal Assistance Agreement are added as Articles 17a–17c; Article 

6(2) of the U.S.-EU Mutual Legal Assistance Agreement (cost of 

video conference) is added as Article 6(d)(costs); Article 7 of the 

U.S.-EU Mutual Legal Assistance Agreement (expedited transmission of requests) is incorporated through a new formulation that 

replaces Article 4(1); Article 8 of the U.S.-EU Mutual Legal Assistance Agreement (request by administrative or regulatory authoriVerDate Aug 31 2005 01:18 May 02, 2008 Jkt 042112 PO 00000 Frm 00030 Fmt 7633 Sfmt 6602 E:\HR\OC\TD013.XXX TD013

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ties) is added as Article 1(1)(b) and (c); and Article 9(1)–(3) of the 

U.S.-EU Mutual Legal Assistance Agreement (use limitations) replaces the majority of Article 7. The final two articles of the bilateral protocol reflect the provisions of Articles 12 (temporal application) and 18 (entry into force and termination) of the U.S.-EU Mutual Legal Assistance Agreement. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 5 of the bilateral protocol (identification of bank information) specifies that Latvia’s point of contact for the exchange of bank information under 

this Article is the Office of the Prosecutor General during the pretrial investigation, and the Ministry of Justice during trial. Latvia 

will provide assistance under this Article with respect to any criminal activity. 

Lithuania 

The bilateral mutual legal assistance instrument with Lithuania 

was signed on June 15, 2005, and is entitled a protocol to the 1998 

U.S.-Lithuania Mutual Legal Assistance Treaty. The bilateral protocol, in paragraph 1, specifies the articles of the U.S.-EU Mutual 

Legal Assistance Agreement applicable between the United States 

and Lithuania. Paragraph 2 provides that the Annex to the protocol reflects the integrated text that shall apply between the 

United States and Lithuania. Paragraphs 3–5 contains rules of 

temporal application, entry into force and termination, based on 

those set forth in Articles 12 and 18 of the U.S.-EU Mutual Legal 

Assistance Agreement. 

The Annex integrates the U.S.-EU Mutual Legal Assistance 

Agreement into, the 1998 MLAT as follows: Article 4 of the U.S.- 

EU Mutual Legal Assistance Agreement (identification of bank information) is added as Article 16 bis; Article 5 of the U.S.-EU Mutual Legal Assistance Agreement (joint investigative teams) is 

added as Article 16 ter; Article 6 of the U.S.-EU Mutual Legal Assistance Agreement (video conferencing) is added in Articles 6 and 

16 quater; Article 7 of the U.S.-Mutual Legal Assistance Agreement 

(expedited transmission of requests) is incorporated through a new 

formulation that replaces Article 4(1); Article 8(2) of the U.S.-EU 

Mutual Legal Assistance Agreement (channel for transmission of 

requests by administrative or regulatory authorities) is added as 

Article 2(2)(b) (subparagraph (a) of which had already provided for 

the authority required by the U.S.-EU Mutual Legal Assistance 

Agreement in Article 8(1) to make such requests); and Article 9 of 

the U.S.-EU Mutual Legal Assistance Agreement (use limitations) 

replaces the majority of Article 7. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 16 bis of the 

Annex (identification of bank information) specifies that Lithuania’s point of contact for the exchange of bank information under 

this Article is the Office of the Prosecutor General, and that, like 

the United States, Lithuania will provide assistance under this Article with respect to money laundering and terrorist activity punishable under the laws of both States and with respect to such 

other criminal activity as the States may notify each other. 


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Luxembourg 

The bilateral mutual legal assistance instrument with luxembourg was signed on February 1, 2005. Paragraph A of Articles I– VI sets forth the text of the articles of the U.S.-EU Mutual Legal 

Assistance Agreement applicable between the United States and 

Luxembourg. Paragraph B of Articles I–VI specifies the extent to 

which these provisions supplement or replace provisions of the 

1997 U.S.-Luxembourg Mutual Legal Assistance Treaty, and provides other necessary explanations regarding the manner in which 

the U.S.-EU Mutual Legal Assistance Agreement text is to operate 

in a bilateral setting. Articles VII–VIII contain rules of temporal 

application, entry into force and termination based on those set 

forth in Articles 12 and 18 of the U.S.-EU Mutual Legal Assistance 

Agreement. 

Six provisions of the U.S.-EU Mutual Legal Assistance Agreement are incorporated into the 1997 MLAT provisions as follows: 

Articles 4 (identification of bank information), 5 (joint investigative 

teams), 6 (video conferencing), 7 (expedited transmission of requests), and 8(2) (channel for transmission of requests by administrative or regulatory authorities) of the U.S.-EU Mutual Legal Assistance Agreement supplement the provisions of the 1997 MLAT. 

Article 9 of the U.S.-EU Mutual Legal Assistance Agreement (use 

limitations) applies in place of Article 7 of the 1997 MLAT; although, pursuant to U.S.-EU Mutual Legal Assistance Agreement 

Article 9(4), Article 7 may be applied if to do so would result in less 

limitation on use; and, pursuant to U.S.-EU Mutual Legal Assistance Agreement Article 9(5), Luxembourg shall continue to apply 

Article 7 of the 1997 MLAT with respect to the tax offenses described in that treaty. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article I (identification of bank information) specifies that Luxembourg’s point of contact for the exchange of bank information under this Article is its 

Central Authority under Article 2 of the 1997 MLAT (the Parquet 

Ge ́ne ́ral), and that, like the United States, Luxembourg will provide assistance under this Article with respect to money laundering 

and terrorist activity punishable under the laws of both States and 

with respect to such other criminal activity as the States may notify each other. 

Malta 

The bilateral mutual legal assistance instrument with Malta was 

signed on May 18, 2006. Paragraph 1 specifies the articles of the 

U.S.-EU Mutual Legal Assistance Agreement that are to be applied. Paragraph 2 provides that the Annex to the instrument reflects the provisions that shall apply between the United States 

and Malta. Paragraphs 3–5 contain rules on temporal application, 

entry into force and termination, based on those set forth in Articles 12 and 18 of the U.S.-EU Mutual Legal Assistance Agreement. 

Since the United States and Malta do not have a bilateral mutual legal assistance treaty in force between them, the instrument 

is a partial treaty governing only those issues regulated by the 

U.S.-EU Mutual Legal Assistance Agreement, specifically: Articles 

4 (identification of bank information), 5 (joint investigative teams), 


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6 (video-conferencing), 7 (expedited transmission of requests), 8 (assistance to administrative or regulatory authorities), 9 (use limitations), 10 (requesting State’s request for confidentiality); and 13 

(grounds for refusal). 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 1 of the 

Annex (identification of bank information) specifies that Malta’s 

point of contact for the exchange of bank information under this 

Article is the Office of the Attorney General, and that, like the 

United States, Malta will provide assistance under this Article 

with respect to money laundering and terrorist activity punishable 

under the laws of both States and with respect to such other criminal activity as the States may notify each other. Article 5 of the 

Annex provides that requests for assistance to administrative or 

regulatory authorities shall be transmitted between the U.S. Department of Justice and the Office of the Attorney General of 

Malta. 

The Netherlands 

The bilateral mutual legal assistance instrument with the Netherlands was signed on September 29, 2004, and is entitled an 

agreement. Article 1 of the bilateral agreement specifies the articles of the U.S.-EU Mutual Legal Assistance Agreement applicable 

between the United States and the Netherlands. Article 2 provides 

that the Annex to the agreement reflects the integrated text that 

shall apply between the United States and the Netherlands. Article 

3 provides that the bilateral agreement shall not apply to the Netherlands Antilles or Aruba unless the United States and the EU, by 

exchange of diplomatic notes, subsequently agree to extend its application to them. Articles 4–6 contain rules on temporal application, entry into force and termination, based on those set forth in 

Articles 12 and 18 of the U.S.-EU Mutual Legal Assistance Agreement. 

The Annex integrates the U.S.-EU Mutual Legal Assistance 

Agreement into the 1981 U.S.-Netherlands Mutual Legal Assistance Treaty as follows: Article 4 of the U.S.-EU Mutual Legal Assistance Agreement (identification of bank information) is added as 

Article 9 bis of the 1981 MLAT; Article 5 of the U.S.-EU Mutual 

Legal Assistance Agreement (joint investigative teams) is added as 

Article 9 ter; Article 6 of the U.S.-EU Mutual Legal Assistance 

Agreement (video-conferencing) is added as Article 17(1) and Article 9 quater; Article 7 of the U.S.-EU Mutual Legal Assistance 

Agreement (expedited transmission of requests) is added as Article 

14(2); Article 8 of the U.S.-EU Mutual Legal Assistance Agreement 

(assistance to administrative or regulatory authorities) is added as 

Article 1 (1 bis); Article 9 of the U.S.-EU Mutual Legal Assistance 

Agreement (use limitations) is incorporated through a new Article 

11 bis which replaces Article 11(2); and Article 10 of the U.S.-EU 

Mutual Legal Assistance Agreement (requesting State’s request for 

confidentiality) is added as Article 11(2). 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 9 bis of the 

Annex (identification of bank information) specifies that the Netherlands’ point of contact for the exchange of bank information 


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XXXII

under this Article is its competent authority under Article 14 of the 

1981 MLAT (i.e., the Minister of Justice), and that the Netherlands 

will provide assistance under this Article with respect to activity 

punishable under the laws of both States and which is a ‘‘misdrijf’’

(crime) under Dutch law, a term which includes but is not limited 

to money laundering and terrorist activity. 

In addition, the Schedule to the Annex (availability of search and 

seizure for certain offenses) has been modified to provide the texts 

of Dutch legislation currently in force, and to enable an exchange 

of notes to set forth the applicable provisions of law should the 

agreement be applied in future to the Netherlands Antilles and 

Aruba. Finally, by exchange of diplomatic notes contemporaneous 

with signature of the bilateral agreement, the United States and 

the Netherlands agreed that prior diplomatic notes exchanged on 

June 12, 1981, with respect to the application of the 1981 MLAT 

shall continue to apply to the corresponding provisions of the 

Annex, except for the second paragraph pertaining to Article 11 of 

the 1981 MLAT, which was deemed incompatible with Article 9 of 

the U.S.-EU Mutual Legal Assistance Agreement. The exchange of 

diplomatic notes in conjunction with signing the bilateral agreement also confirms that the prior exchange of notes of December 

31, 1985, applying the 1981 MLAT to the Netherlands Antilles and 

Aruba, remains unaffected by the U.S.-EU Mutual Legal Assistance Agreement, and that the explanatory note to the U.S.-EU Mutual Legal Assistance Agreement applies to the corresponding provisions of the Annex. 

Poland 

The bilateral mutual legal assistance instrument with Poland 

was signed on June 9, 2006, and is entitled an agreement. The bilateral agreement, in Article 1, specifies the articles of the U.S.-EU 

Mutual Legal Assistance Agreement applicable between the United 

States and Poland. Article 2 provides that the Annex to the agreement reflects the integrated text that shall apply between the 

United States and Poland. Articles 3 and 4 contain rules of temporal application, based on those set forth in Article 12 of the U.S.- 

EU Mutual Legal Assistance Agreement. Article 5 contains the provisions on entry into force and termination, based on those set 

forth in Article 18 of the U.S.-EU Mutual Legal Assistance Agreement. 

The Annex integrates the U.S.-EU Mutual Legal Assistance 

Agreement into the 1996 Mutual Legal Assistance Treaty, as follows: Article 4 of the U.S.-EU Mutual Legal Assistance Agreement 

(identification of bank information) is added as Article 3 bis; Article 

5 of the U.S.-EU Mutual Legal Assistance Agreement (joint investigative teams) is added as Article 9 bis; Article 6 of the U.S.-EU 

Mutual Assistance Agreement (video conferencing) is added as Articles 8 bis and through a change to Article 6 (costs); Article 7 of the 

U.S.-EU Mutual Legal Assistance Agreement (expedited transmission of requests) is incorporated through a new formulation that 

replaces Article 4(a); Article 8 of the U.S.-EU Mutual Legal Assistance Agreement (assistance to administrative or regulatory authorities) is added as Article 1 bis; and Article 9 of the U.S.-EU 


erowe on PRODPC61 with HEARING
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Mutual Legal Assistance Agreement (use limitations) replaces the 

majority of Article 7. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 3 bis of the 

Annex (identification of bank information) specifies that Poland’s 

point of contact for the exchange of bank information under this 

Article is its central authority under Article 2 of the 1996 MLAT 

(i.e., the Minister of Justice-Attorney General, or designee), and 

that Poland will provide assistance under this Article with respect 

to money laundering and terrorist activity punishable under the 

laws of both States, and with respect to such other criminal acclivity as the States may notify each other. 

Portugal 

The bilateral mutual legal assistance instrument with Portugal 

was signed on July 14, 2005. Paragraph 1 specifies of the U.S.-EU 

Mutual Legal Assistance Agreement that are to be applied and the 

designations and notifications required by Article 15 of the U.S.-EU 

Mutual Legal Assistance Agreement. Paragraph 2 provides that the 

Annex to the instrument reflects the provisions that shall apply between the United States and Portugal. Paragraphs 3–5 contain 

rules on temporal application, entry into force and termination, 

based on those set forth in Articles 12 and 18 of the U.S.-EU Mutual Legal Assistance Agreement. 

Since the United States and Portugal do not have a bilateral mutual legal assistance treaty in force between them, the bilateral instrument is a partial treaty governing only those issues regulated 

by the U.S.-Mutual Legal Assistance Agreement, specifically: Articles 4 (identification of bank information), 5 (joint investigative 

teams), 6 (video-conferencing), 7 (expedited transmission of request), 8 (assistance to administrative or regulatory authorities), 9 

(use limitations), 10 (requesting State’s request for confidentiality); 

and 13 (grounds for refusal). 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, paragraph 1(a) of the 

bilateral instrument and Article 1 of the Annex (identification of 

bank information) specify that Portugal’s point of contact for the 

exchange of bank information under this Article is the Prosecutor 

General’s Office (Procuradoria Geral da Republica), and that Portugal will provide assistance under this Article with respect to organized crime, money laundering, drug trafficking, and terrorist activity punishable under the laws of both States and with respect 

to such other criminal activity as Portugal may notify the United 

States. Paragraph 1(e) of the bilateral instrument and Article 5 of 

the Annex provide that requests for assistance to administrative or 

regulatory authorities shall be transmitted between the U.S. Department of Justice and the Portuguese Prosecutor General’s Office 

(Procuradoria Geral da Republica). 

Slovak Republic 

The bilateral mutual legal assistance instrument with the Slovak 

Republic was signed on February 6, 2006. Paragraph 1 provides 

that the U.S.-EU Mutual Legal Assistance Agreement shall be applied between them in the manner set forth in the instrument and 


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XXXIV

its Annex. Paragraph 2 provides that the Annex reflects the provisions that shall apply between the United States and the Slovak 

Republic. Paragraphs 3–5 contain rules on temporal application, 

entry into force and termination, based on those set forth in Articles 12 and 18 of the U.S.-EU Mutual Legal Assistance Agreement. 

Since the United States and the Slovak Republic do not have a 

bilateral mutual legal assistance treaty in force between them, the 

bilateral instrument is a partial treaty governing only those issues 

regulated by the U.S.-EU Mutual Legal Assistance Agreement, specifically: Articles 4 (identification of bank information), 5 (joint investigative teams), 6 (video-conferencing), 7 (expedited transmission of requests), 8 (assistance to administrative or regulatory 

authorities), 9 (use limitations), 10 (requesting State’s request for 

confidentiality); and 13 (grounds for refusal). 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 1 of the 

Annex (identification of bank information) specifies that the Slovak 

Republic’s point of contact for the exchange of bank information 

under this Article is the Ministry of Justice, and that, like the 

United States, the Slovak Republic will provide assistance under 

this Article with respect to money laundering and terrorist activity 

punishable under the laws of both States and with respect to such 

other criminal activity as the States may notify each other. Article 

5 of the Annex provides that requests for assistance to administrative or regulatory authorities shall be transmitted between the U.S. 

Department of Justice and the Ministry of Justice of the Slovak Republic. 

Slovenia 

The bilateral mutual legal assistance instrument with Slovenia 

was signed on October 17, 2005, and is entitled an agreement. The 

bilateral agreement, in paragraph 1, specifies the articles of the 

U.S.-EU Mutual Legal Assistance Agreement applicable between 

the United States and Slovenia. Paragraph 2 provides that the 

Annex to the agreement reflects the provisions that shall apply between the United States and Slovenia. Paragraphs 3–5 contain 

rules of temporal application, entry into force and termination, 

based on those set forth in Articles 12 and 18 of the U.S.-EU Mutual Legal Assistance Agreement. 

Because the United States and Slovenia do not have a bilateral 

mutual legal assistance treaty in force between them, the bilateral 

agreement is a partial treaty governing only those issues regulated 

by the U.S.-EU Mutual Legal Assistance Agreement, specifically: 

Article 4 (identification of bank information), 5 (joint investigative 

teams), 6 (video conferencing), 7 (expedited transmission of requests), 8 (assistance to administrative or regulatory authorities), 

9 (use limitations), 10 (requesting State’s request for confidentiality), and 13 (grounds for refusal). 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 1 of the 

Annex (identification of bank information) specifies that Slovenia 

point of contact for the exchange of bank information under this 

Article is its Ministry of Justice, and that, like the United States, 

Slovenia will provide assistance under this Article with respect to 


erowe on PRODPC61 with HEARING
XXXV

money laundering and terrorist activity punishable under the laws 

of both the requesting and requested States, and with respect to 

such other criminal activity as the States may notify each other. 

Article 5 of the Annex provides that requests for assistance to administrative or regulatory authorities shall be transmitted between 

the U.S. Department of Justice and the Ministry of Justice of the 

Republic of Slovenia. 

Spain 

The bilateral mutual legal assistance instrument with Spain was 

signed on December 17, 2004. The bilateral instrument, in paragraph 1, specifies the articles of the U.S.-EU Mutual Legal Assistance Agreement applicable between the United States and Spain. 

Paragraph 2 provides that the Annex to the instrument reflects the 

provisions that shall apply between the United States and Spain. 

Paragraphs 3–5 contain rules of temporal application, entry into 

force and termination, based on those set forth in Articles 12 and 

18 of the U.S.-EU Mutual Legal Assistance Agreement. 

The Annex integrates the U.S.-EU Extradition Agreement into 

the 1990 U.S.-Spain Mutual Legal Assistance Treaty, as follow: Article 4 of the U.S.-EU Mutual Legal Assistance Agreement (identification of bank information) is added as Article 16 bis; Article 5 

of the U.S.-EU Mutual Legal Assistance Agreement (joint investigative teams) is added as Article 16 ter; Article 6 of the U.S.-EU 

Mutual Assistance Agreement (video conferencing) is added in Articles 6 and 16 quater; Article 7 of the U.S.-EU Mutual Legal Assistance Agreement (expedited transmission of requests) is incorporated through a new formulation that replaces Article 4(1); Article 8 of the U.S.-EU Mutual Legal Assistance Agreement (assistance to administrative or regulatory authorities) is added as Article 

1(1 bis); and Article 9 of the U.S.-EU Mutual Legal Assistance 

Agreement (use limitations) replaces the majority of Article 7. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 16 bis of the 

Annex (identification of bank information) specifies that Spain’s 

point of contact for the exchange of bank information under this 

Article is the Ministry of Justice, and that, like the United States, 

Spain will provide assistance under this Article with respect to 

money laundering and terrorist activity punishable under the laws 

of both States and with respect to such other criminal activity as 

the States may notify each other. 

Sweden 

The bilateral mutual legal assistance instrument with Sweden 

was signed on December 16, 2004. The instrument foresees the 

entry into force of the 2001 U.S.-Sweden Mutual Legal Assistance 

Treaty prior to, or contemporaneous with, the entry into force of 

this bilateral instrument. 

Paragraph 1 of the bilateral instrument specifies the articles of 

the U.S.-EU Mutual Legal Assistance Agreement applicable between the United States and Sweden. Paragraph 2 provides that 

the Annex to the instrument reflects the provisions that shall apply 

between the United States and Sweden. Paragraphs 3 and 4 contain rules temporal application based on those set forth in Article 


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XXXVI

12 of the U.S.-EU Mutual Legal Assistance Agreement. Paragraph 

5 governs entry into force termination, based on Article 18 of the 

U.S.-EU Mutual Legal Assistance Agreement. 

The Annex integrates the U.S.-EU Mutual Legal Assistance 

Agreement into the 2001 MLAT as follows: Article 4 of the U.S.- 

EU Mutual Legal Assistance Agreement (identification of bank information) is added as Article 18 bis; Article 5 of the U.S.-EU Mutual Legal Assistance Agreement (joint investigative teams) is 

added as Article 18 ter; Article 6 of the U.S.-EU Mutual Legal Assistance Agreement (video-conferencing) is added as Articles 6(d) 

and 18 quater; Article 7 of the U.S.-EU Mutual Legal Assistance 

Agreement (expedited transmission of requests) is integrated as a 

new formulation of Article 4(a); Article 8(2) of the U.S.-EU Mutual 

Legal Assistance Agreement (transmission of requests for assistance to administrative or regulatory authorities) is added as Article 

2(3)(b); and Article 9 of the U.S.-EU Mutual Legal Assistance 

Agreement (use limitations) replaces Article 7. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 18 bis of the 

Annex (identification of bank information) specifies that Sweden’s 

point of contact for the exchange of bank information under this 

Article is the Ministry of Justice, and that Sweden will provide assistance under this Article with respect to offenses punishable 

under the laws of both States. 

United Kingdom 

The bilateral mutual legal assistance instrument with the United 

Kingdom was signed on December 16, 2004. The bilateral instrument, in paragraph 1, specifies the articles of the U.S.-EU Mutual 

Legal Assistance Agreement applicable between the United States 

and the UK Paragraph 2 provides that the Annex to the instrument reflects the integrated text that shall apply between the 

United States and UK Paragraph 3, in accordance with Article 16 

of the U.S.-EU Mutual Legal Assistance Agreement, provides that 

the instrument applies to Great Britain and Northern Ireland, but 

not to the Channel Islands, the Isle of Man or other territories to 

which the 1994 U.S.-UK Mutual Legal Assistance Treaty applies. 

Paragraphs 4–5 contain rules of temporal application, based on 

those set forth in Article 12 of the U.S.-EU Mutual Legal Assistance Agreement. Paragraph 6 contains the provisions on entry into 

force and termination, based on those set forth in Article 18 of the 

U.S.-EU Mutual Legal Assistance Agreement. 

The Annex integrates the U.S.-EU Mutual Legal Assistance 

Agreement into the 1994 MLAT, as follows: Article 4 of the U.S.- 

EU Mutual Legal Assistance Agreement (identification of bank information) is added as Article 16 bis; Article 5 of the U.S.-EU Mutual Legal Assistance Agreement (joint investigative teams) is 

added as Article 16 ter; Article 6 of the U.S.-EU Mutual Legal Assistance Agreement (video conferencing) is added as Article 16 

quater and through a change to Article 6 (costs); Article 7 of the 

U.S.-EU Mutual Legal Assistance Agreement (expedited Transmission of requests) is incorporated through a new formulation that 

replaces Article 4(1); Article 8 of the U.S.-EU Mutual Legal Assistance Agreement (assistance to administrative or regulatory auVerDate Aug 31 2005 01:18 May 02, 2008 Jkt 042112 PO 00000 Frm 00038 Fmt 7633 Sfmt 6602 E:\HR\OC\TD013.XXX TD013

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XXXVII

thorities) is added as Article 1 (1 bis); and Article 9 of the U.S.- 

EU Mutual Legal Assistance Agreement (use limitations) replaces 

the majority of Article 7. 

With respect to the designations required by Article 15 of the 

U.S.-EU Mutual Legal Assistance Agreement, Article 16 bis of the 

Annex (identification of bank information) specifies that the United 

Kingdom’s point of contact for the exchange of bank information 

under this Article is the Lord Advocate, where the request relates 

only to Scotland, the Secretary of State for Northern Ireland, where 

the request relates only to Northern Ireland, and the Secretary of 

State for the Home Department in all other cases, and that the UK 

will provide assistance under this Article with respect to money 

laundering and terrorist activity punishable under the laws of both 

States and with respect to such other criminal activity as the 

States may notify each other. 

In addition, upon signature, the United States and UK exchanged diplomatic notes stating that previous notes with respect 

to the 1994 MLAT, exchanged on January 6, 1994, (providing clarifications with respect to Articles 3(1)(a), 3(1)(b), 7(2) and 18 of the 

Treaty), and on April 30 and May 1, 2001, (revoking paragraph (d) 

of the 1994 exchange), shall remain applicable. 


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