India, Nepal sign updated mutual legal assistance agreement

Kathmandu, Feb 18 (IANS) India and Nepal have signed an updated Agreement on Mutual Legal Assistance in Criminal Matters in Kathmandu, enabling the competent authorities of the two countries to cooperate in criminal investigations and legal proceedings.

After years of negotiations, the agreement -- which was initially agreed upon at a home secretary-level meeting in New Delhi in July last year -- was signed on Tuesday, formalising cooperation to tackle financial and non-financial crimes as well as terrorism.

Binod Kumar Bhattarai, the Joint Secretary at Nepal's Ministry of Law, Justice and Parliamentary Affairs, and Indian Ambassador to Nepal Naveen Srivastava signed the document on behalf of their respective governments in the presence of Law Minister Anil Kumar Sinha and other senior officials from several ministries, the law ministry said in a statement.

"This will provide a formal legal framework for cooperation between the competent authorities of both countries in areas such as the collection and exchange of evidence during the investigation, prosecution and judicial proceedings of criminal cases," the ministry said.

The ministry added that the agreement is expected to make a significant contribution to strengthening the rule of law and enhancing institutional coordination in the administration of justice.

"With the implementation of this agreement, cooperation between the central authorities of both countries is expected to become stronger and more result-oriented," it said.

"It will serve as a milestone in reducing financial crimes in Nepal and in making investigation, prosecution and adjudication more effective."

The ministry further stated that the agreement would also assist in mutual evaluations related to the prevention of money laundering and the financing of terrorist activities.

Officials in Kathmandu hope that the agreement signed with India will help Nepal be removed from the grey list of the Financial Action Task Force (FATF), the global anti-money laundering body.

Nepal was re-listed on the FATF grey list in February last year, after it was removed from the list in 2014.

Lately, Nepal has also introduced several rules to prevent terrorists from accessing financial resources.

Earlier in 2019, Nepal signed a mutual legal assistance agreement with China during President Xi Jinping's visit to the Himalayan nation.

The agreement will take effect once both parties notify each other through diplomatic channels.

The two sides will establish a formal mechanism to facilitate cooperation in criminal investigations, prosecutions and judicial proceedings, according to Nepali officials.

However, the two countries are yet to conclude the signing of an extradition treaty, with the main bone of contention being whether to extradite third-country nationals.