An application is executed in accordance with the required state law. The Securities and Exchange Commission (SEC) has developed informal, on a case-by-case basis agreements that facilitate the production of information from other countries. These range from declarations of intent to framework conditions for cooperation, to less specific exchanges and companies. The countries concerned include Switzerland, Japan, Canada, Brazil, the Netherlands, France, Mexico, Norway, Argentina, Spain, Italy, Chile, Australia, the United Kingdom, Sweden, South Africa, Germany, Luxembourg and Hungary, as well as joint declarations of cooperation with the European Union (EU). See Mann, Mari – Lavdas, International Agreements and Understands for the Production of Information and Other Mutual Assistance, The Int`l Law, Vol. See also Transnational Initiatives, Cumulative Digest of United States Practice in International Law, 1981-1988, Department of State, Vol. II, 1495, 1510 (1994); Mann and Mari, Developments in International Securities Law Enforcement and Regulation, Securities Regulation Seminar, 24. Oktober 1990, Los Angeles, California. For information regarding SEC agreements with foreign securities officials, please contact the Securities and Exchange Commission, Enforcement Division, Office of International Affairs. A number of executive agreements have entered into force between the United States and the Inter-American Convention on Obtaining Evidence Abroad (14 Int`l Legal Materials 328 (1975) and 24 Int`l Legal Materials 472 (1985). The United States did not sign a document or send it to the Senate for consultation and ratification approval. See also: Low, “International Judicial Assistance Among the American States: Inter-American Conventions,” 18 Int`l Law.
705 (1984). Asia-Africa Legal Council, draft bilateral agreements on mutual assistance in civil or commercial matters abroad, 25 ILM 920-934, No. 4 (July 1986), and explanatory notes under 934-956. The United States is not a party to this agreement. In addition to MLATs, the United States has a Mutual Legal Assistance Agreement (MLAA) with China, as well as an MLAA between the American Institute of Taiwan and the Taipei Economic and Cultural Representative Office in the United States. The United States has also concluded a number of executive recovery cooperation agreements, including an agreement with the United Kingdom providing for consumer aid and asset allocation in drug cases; an expiry agreement with the Kingdom of the Netherlands; and an agreement on drug forfeiture with Singapore. The United States has asset-sharing agreements with Canada, the Cayman Islands (extended to Anguilla, the British Virgin Islands, Montserrat and the Turks and Caicos Islands), Colombia, Ecuador, Jamaica, Mexico and Monaco. Mutual legal assistance in criminal matters (MLATs) is a relatively young development. They aim to improve the effectiveness of mutual legal aid and to supervise and facilitate its procedures. Each country designates a central authority, usually the two ministries of justice, for direct communication.
Contracts include the power to call witnesses, force the production of documents and other actual evidence, issue search warrants and serve the trial. In general, the corrective measures proposed in the contracts are only available to prosecutors. The defence should normally be using methods of obtaining criminal evidence under the laws of the host country, which are usually letters of mutual legal assistance.