Pierre-Gilles Bélanger, coordinator OAS REMJA Working Group on Mutual

1. JOINING THE AMERICAS AGAINST CRIME UNINDO AS AMÉRICAS CONTRA O CRIME UNIENDO LAS AMÉRICAS CONTRA EL CRIMEN UNIR LES AMÉRIQUES CONTRE LE CRIME BRASĺLIA Pierre-Gilles Bélanger, coordinator OAS REMJA Working Group on Mutual Legal Assistance in Criminal Matters and Extradition Second Meeting of Central Authorities and other experts on Mutual Legal Assistance in Criminal Matters and Extradition 1 – 3 SEPTEMBER 2005

2. AMERICAjus 1. WHYAMERICAjus? 2. WHAT ISAMERICAjus? - STRUCTURE - OBJECTIVES * General * Specific • NEXT STEPS www.oas.org/juridico/mla

3. AMERICAjus • WHYAMERICAjus? -REMJA 3 – ENHANCE MLA - MANDATE RECEIVED BY THE CENTRAL AUTHORITIES - Sept. 2004 – OAS mission and experts requested a more formal body. A permanent presence at the Secretariat (OAS & Experts had achieved something significant, growing from a basic WG to a body that is now creating expectations from the member States). They have asked the coordinator to propose a structure. - March 2005 – It was agreed to create Americajus. It was needed and wanted! (and to present the idea to the Heads of State and REMJA). - MANDATE OF THE OAS LEGAL SECRETARIAT

4. AMERICAjus • 2. WHAT ISAMERICAjus: • It is the creation of a Permanent Secretariat of a hemispheric body (by the name of AMERICAjus) whose fundamental mission would be to promote and strengthen international cooperation in criminal matters between the Members States through legal advisory services and the adoption of technical and operational measures aimed at achieving optimal coordination, while guaranteeing the respect of fundamental rights and freedoms and sovereignty in each member States.

5. AMERICAjus • Creates a Permanent body at the OAS responsible for strenghtening MLA at the OAS legal Secretariat. • Does not create additional bureaucracy and hurdles. • Is an inter-American space for international cooperation in criminal matters and related areas.

6. AMERICAjus • Idea to be presented at the 4th Summit of the Americas. • To be considered for adoption by REMJA VI. • Structure being defined through the MLA Working Group

7. GENERAL ASSEMBLY OF THE OAS REMJA Committee on Juridical and Political Affairs of the OAS Permanent Council AMERICAJUS REMJA Working Group on Mutual Legal Assistance in Criminal Matters and Extradition MLA TOC CICAD CICTE website on MLA Subcommittee Extradition Subcommittee Model LAw Secure E-mail WHAT IS AMERICAjus The Conference MEETING OF CENTRAL AUTHORITIES ON MUTUAL LEGAL ASSISTANCE Consolidation of MLA files

8. MUTUAL LEGAL ASSISTANCE AND EXTRADITIONEssential components in the fight against identified target areas of criminal activity IN INTERAMERICAN COOPERATION MUTUAL LEGAL ASSISTANCE AND EXTRADITION AMERICAJUS

9. COMPONENTS OF AMERICAJUS MEETING OF CENTRAL AUTHORITIES The Conference REMJA WORKING GROUP ON MLA Website GROOVE Model Law Subcommittee Extradition Subcommittee X DIP Subcommittee

10. STRUCTURE Plenary sessions – The Conference Ottawa,April 30 - May 2, 2003 Brasília, September 1-3, 2005 Target – 1(one), between each REMJA meeting, i.e. every two years • Minimum 50%+1 of all Member States of the OAS represented by experts and • All other relevant authorities

11. STRUCTURE Plenary sessions -AMERICAjus Conference WILL… • Consider recommendations of the AMERICAjusW G. • Be the final stage prior to holding REMJA. • Bring recommendations to REMJA. • Recommend to the WG issues to work on and develop.

12. STRUCTURE • AMERICAjusWorking Group - One President (represented by a Member State, elected at the Conference session) - One Vice-president (represented by a Member State, elected at a Conference session) • - One Secretary (General Secretariat of the OAS) Support from the Legal Secretariat • - Active participation by all central authorities • The functions ofAMERICAjusmust be determined by the Experts and their misions, submitted to REMJA; thus, Assembly should agree on the idea of accepting that We, the Experts, want the support of the OAS on a permanent basis and establish a long term structure of Experts on the Hemisphere level capable to enhanceMLA

13. STRUCTURE TWICE A YEAR • CONFERENCEWG meeting • OTTAWA 2003 1-2 March 2003 • WG meeting • 29-30 Oct. 2003 • REMJA WG meeting • MARCH 2004 1-2 March 2004 • WG meeting • 29-30 Oct. 2004 • CONFERENCEWG meeting • BRASILIA 1-2 March 2005 • SEPT. 2005 WG meeting • 29-30 Oct. 2005 • REMJA WG meeting • MARCH 2006 1-2 March 2006 • WG meeting • 29-30 Oct. 2006 TWICE A YEAR TWICE A YEAR TWICE A YEAR

14. ULTIMATE OBJECTIVES • The ultimate objective ofAMERICAJUSis to reinforce the justice systems of each member state by creating models for more efficient and better equipped local systems • AND • To assist the competent authorities of the Member States in extending the reach of their investigations and prosecutions.

15. TASKS • AMERICAjus - General Objectives: • AMERICAjuswill help foster greater cooperation and legal assistance throughout the Americas, to ensure the best possible cooperation between states in the resolution of international cases and to provide mechanisms for reducing obstacles to effective long term relations throughout the region.

16. TASKS • AMERICAjus - Specific Objectives: • Assist and/or provide legal advice and consultative assistance to central authorities and other experts on mutual legal assistance. • Hold two regular meetings a year on relatively established dates, provide all appropriate support to the hosting country of the second annual conference meeting of all experts and provide travel assistance to needy recipients. • Hire staff to support MLA authorities and help them to stay on top of the most recent developments. • Cooperate, share expertise, and consolidate mutual legal assistance functions with other organs, organisms and entities of the OAS, including CICAD, CIFTA, CICTE, MESISIC, among others.

17. TASKS • Cooperate, share expertise, and consolidate mutual legal assistance functions with other international organizations and entities, including UNODC, Eurojust, and the European Union’s Anti-Fraud Organization, among others. • Recommend that national authorities undertake certain measures to improve their cooperation systems. • Act as a liaison and provide useful information to central authorities and other experts on mutual legal assistance. • Provide services to users of the Inter-American system for mutual legal assistance. • Maintain and update a list of contact persons, recognized central authorities, members and institutions dedicated to mutual legal assistance.

18. TASKS • Advise in relation to specific problems, voluntarily submitted by member states. • Provide training to central authorities on operation issues and recent developments in the area of mutual legal assistance and related matters. • Operate and manage inter alia the mutual legal assistance webpage and secure email system. • Provide long-term growth potential for the development and capacity building ofAMERICAjus

19. NEXT STEPS • Agree on the idea of the project. • Receive support of the Heads of States /REMJA. • Start working on buildingAMERICAjus.