The project “Promoting transparency and action against economic crime”, is currently supporting the authorities of Uzbekistan with strengthening the country’s legal and institutional framework for mutual legal assistance (MLA) in criminal matters.

Taking into consideration the high interest on the side of the authorities in exploring new venues of international cooperation in the MLA area, the Economic Crime and Cooperation Division (ECCD) has undertaken a set of activities aiming at raising awareness and familiarising relevant stakeholders in Uzbekistan with the existing multilateral and bilateral instruments for cooperation.

In this regard, following the International Conference on “Council of Europe Convention on Mutual Assistance in Criminal Matters” held on 23 July 2021 and the legal review of Uzbekistan’s current legislative framework against the provisions of the MLA Convention and its Additional Protocols, the ECCD developed a model bilateral agreement on mutual legal assistance. The model agreement which was presented to the Uzbek authorities respects the specificities of different legal systems and contains a set of provisions adjustable on a case-by-case basis, taking into consideration the legal requirements of different jurisdictions.

Upon the finalisation of the first draft, the project organised two working meetings with representatives of the International Legal Department of the General Prosecutor’s Office of Uzbekistan which is the designated institution responsible for drafting and negotiating bilateral agreements in criminal matters. During the meetings the Council of Europe expert explained the rationale and provided examples with specific jurisdictions for which some of the provisions will be a mandatory requirement. Additionally, the discussion focused on possible ways of reconciling some of the EU countries’ requirements with Uzbekistan’s legal framework.

While encouraging the national authorities to proceed with the conclusion of bilateral agreements, especially with the countries where there is significant MLA “turnover” and neighbouring countries, the ECCD strongly advocated for the prioritisation of the multilateral approach to the international legal cooperation, including in the field of MLA in criminal matters. Since it is based on harmonised standards applied by all parties, the multilateral cooperation facilitates the work of the competent national institutions and legal practitioners and contributes to the effectiveness and efficiency of the activities in the field of MLA. It also saves a lot of time, efforts, expert and financial resources that are usually invested in negotiating separately with different states.

This activity was organised in the framework of the project “Promoting Transparency and Action against Economic Crime” within the framework of the Central Asia Rule of Law Programme 2020-2023 which is a joint initiative co-funded by the European Union and the Council of Europe and implemented by the Council of Europe. The project is aimed at strengthening capacities to fight and prevent economic crime in five Central Asian countries, including Uzbekistan.