At what stage may assistance be sought?
Under the EPOJ, assistance may be sought in relation to civil matters where proceedings have been instituted before the requesting court or institution before that court is being contemplated. With regard to criminal matters assistance may only be rendered where proceedings have been instituted by the requesting court.
Under the CJICL, assistance may be sought where an investigation is ongoing into the alleged commission of a criminal offence and there and reasonable grounds for suspecting that a specified person has committed or has benefited from an offence and this law applies. It is not necessary for a person to have been charged with committing a criminal offence or for proceedings to have been instituted.
Under the MDL assistance may be sought where proceedings have been instituted against the defendant, the proceedings have not concluded, and an external confiscation order has been made in the proceedings or it appears that there are reasonable grounds for thinking that such an order may be made.
Under the Proceeds of Crime Law assistance may be sought where proceedings have been instituted against the defendant, the proceedings have not concluded, and an external confiscation order has been made in the proceedings or it appears that there are reasonable grounds for thinking that such an order may be made.
Which Authorities may make requests to the Cayman Islands?
Request for assistance may be made by any competent authoritiy which would include but not be limited to courts, tribunals, judicial bodies, Attorney Generals, prosecutorial and investigative authorities.
In what instances may assistance be sought?
Assistance may be sought in respect of the investigation and prosecution of all offences, including drug trafficking and financial crimes. In addition the Cayman Islands may provide assistance in respect of restraint of assets located in the jurisdiction and enforcement of foreign awards.
What Range of Assistance is Available?
The Cayman Islands is able to provide assistance as listed below:
- Examine witnesses, either orally or in writing;
- Production of documents, either originals or certified copies;
- Inspection, photographing, preservation, custody or detention of any property;
- Service of orders;
- Restraint of property;
- Enforcement of orders and awards;
- Service of summons.
How is a request to be made?
A request should be made in writing in English to the Attorney General who is the Central Authoritiy of the Cayman Islands. Requests may be sent to:
Honorable Attorney General of the Cayman Islands
Attorney General's Chambers
Government Administration Building
Cayman Islands
Telephone: +1 (345) 244 2429
Fax: +1 (345) 949
Requests may be sent by fax but the original should then follow by post or courier. The original request will be required for production to the court in the event that an application is deemed necessary by the Central Authority. In addition requests may be made through Diplomatic Channels.
What form should requests take?
Requests sent to the Central Authority of the Cayman Islands should be in writing. In addition requests must be submitted in English or with an English translation. Translation should be to a standard whereby the receiving country can understand the request being made and the allegations therein. The information that is to be included in a letter of request is dependent upon the nature of the assistance sought. Please refer to the laws outline above and the requirements for each.
A request should contain:
- the identity of the party making the request;
- the subject matter and nature of the investigation, prosecution or proceeding to which the request relates;
- the name and functions of the persons conducting such investigation, prosecution or proceeding;
- a summary of all relevant facts respecting the request, except in respect of requests for the purpose of service of judicial documents;
- a description of the assistance sought and details of any particular procedure the requesting Party requires to be followed;
- where possible, the identity, location and nationality of any person concerned; and
- the purpose for which the evidence, information or action is sought.
To the extent necessary and possible, a request shall also include:
- the identity and location of a person to be served, that person's relationship to the proceedings and the manner in which service is to be made;
- a precise description of the place or person to be searched and of the articles to be seized;
- a description of the manner in which any testimony or statement is to be taken and recorded;
- a list of questions to be posed to a witness;
- a description of any particular procedure to be followed in executing the request;
- information as to the allowances and expenses to which a person asked to appear in the territory of a Party will be entitled; and
- any other information which may be brought to the attention of the Authority to facilitate its execution of the request.
How long does it take to execute a request?
The Central Authority endeavours to deal with requests within a reasonable time, however, there may be factors which could delay the process. Examples are:
- Complexity of matter;
- Requirements of law under which assistance is sought are not met and further details have to be obtained from the requesting country;
- No offence appears to have been committed;
- There is no reasonable basis for belief that the information sought is in the Cayman Islands;
- The translation to English or improper grammar makes it difficult to identify the pertinent information.
Are requests ever declined?
In certain circumstances requests may have to be declined. Examples of these circumstances include where the request:
- Does not satisfy the legal criteria;
- Is likely to prejudice security and public order;
Are requests kept confidential?
The contents of letters of request are in the usual course not disclosed outside of the relevant government department executing and processing the request. The court may give directions as to the onward disclosure of the request or any material generated by the request.
