Member Article

The methods employed by criminals to transfer and conceal proceeds of crime on a global scale are becoming increasingly sophisticated, making effective mutual legal assistance in criminal matters crucial for cross-border asset recovery. In response to this threat, the National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice jointly issued the Provisions on Several Issues Concerning the Implementation of the Law of the People's Republic of China on International Mutual Legal Assistance in Criminal Matters (for Trial Implementation) on April 22, 2024 (the "Implementing Provisions"). Since the issuance of the Law of the People's Republic of China on International Mutual Legal Assistance in Criminal Matters (the "MLA Law") in October 2018, this is the first set of implementing rules formulated in the field of international mutual legal assistance in criminal matters in China. In this article, we provide a review of the relevant content of the Implementing Provisions by combining the author's practical experience in the field of cross-border asset tracing and recovery while focusing on issues related to the tracing and recovery of cross-border criminal assets.