MLATs and the Foreign Discoverability Requirement

Anyone who has gone through the cumbersome and laborious process of trying to obtain discovery from abroad through letters rogatory will appreciate the frustration that gave rise to Mutual Legal Assistance Treaties in Criminal Matters (MLATs). Generally, these treaties, which the United States has negotiated with dozens of countries, provide procedures by which prosecutors in one signatory country can obtain evidence located within the territory of the other. These procedures are usually faster and more reliable than letters rogatory or letters of request, in part because the assistance of signatory countries is mandatory, and the procedures for obtaining the requested evidence are standardized. For prosecutors, another advantage is that MLATs, unlike letters rogatory, are of no help to defendants, those under investigation or other interested persons. The mutual assistance available under MLATs includes taking testimony of individuals, providing documents and articles of evidence, locating or identifying persons, serving documents, transferring persons in custody, executing requests for searches and seizures, and tracing and freezing assets.