Bill: Pending Resolution on International Law Enforcement Co-Operation

[Capt11543]

A
RESOLUTION
TO
Establish Parliament's preferred framework for an international law enforcement co-operation treaty​

1 - About this Resolution
(1) This Resolution

(a) may be cited as the Resolution on International Law Enforcement Co-Operation, or the RILEC.​

(b) has been authored by MP Capt11543.​

(c) has been co-sponsored by Minister of Foreign Affairs PhillinDeBlanc.​

2 - Definitions
For the purposes of this Resolution, the following terms are defined:
(1) “International Investigation” - Any criminal investigation requiring collaboration between multiple countries.

(2) “Originating Country” - The country in which an international investigation began.

3 - Policy Goals of Parliament
Parliament supports a framework of international co-operation on criminal justice that:

(1) Protects due process and the rights of the criminally accused in both countries.

(2) Respects the investigative work of each country’s law enforcement apparatus.

(3) Upholds the sovereignty of each country’s judiciary.

(4) International co-operation should not be abused or misused to circumvent protections against overreach or misconduct by any country's domestic law enforcement.

4 - International Search Warrants
Parliament proposes the following framework for international search warrants:

(1) A Court with appropriate jurisdiction in the originating country determines that there is probable cause to issue a search warrant for particular materials, and that an international search may be required.

(2) The prosecuting authority in the originating country files an application for a search warrant in a Court in the co-operating country.

(3) The co-operating country's Court accepts the originating country's Court's findings of fact, and reviews the search warrant application against the laws of the co-operating country to protect the rights of the target of the warrant in that country.

5 - Intelligence Sharing
Parliament supports the sharing of intelligence between law enforcement agencies in the Kingdom of Alexandria and the Commonwealth of Redmont under the following guiding principles:

(1) Any intelligence sharing program between Alexandria and Redmont must:

(a) Not infringe upon the rights of any citizen of either country​

(b) Be limited to what is absolutely necessary to advance a criminal investigation.​

(2) It should be the responsibility of the originating country's law enforcement agency to ensure that information requested is relevant and appropriately limited in scope.

(3) It should be the responsibility of each country to ensure that individuals’ legal rights are being upheld when requesting intelligence and responding to intelligence requests.

(4) It should be the responsibility of both countries to develop procedures and best practices for the secure transfer of intelligence.

6 - Call to Action
Parliament calls upon the Ministry of Foreign Affairs to take the following actions:

(1) Re-open negotiations with the Redmont Department of State regarding international law enforcement co-operation as soon as possible.

(2) Advocate for and refine the framework and guidelines proposed by this Resolution.

 

[Capt11543]

Labour/Public Servants
Through Their MP Capt11543
Moves to Pass
The Resolution on International Law Enforcement Co-operation​

Parliament notes:
(1) As Alexandria develops, and its relationship with the Commonwealth of Redmont deepens, criminal organizations will begin operating internationally with greater sophistication.
(2) Recent high-profile criminal cases in the Kingdom of Alexandria have had international components which raised challenging legal questions. The law is not developed or clear in this area.
(3) The Redmont Department of State reached out to the Ministry of Foreign Affairs to establish negotiations regarding international co-operation on criminal investigations at the end of the Redwood Coalition's term.
(4) Parliament is given the power to ratify treaties by the Constitution.

Based on this, Parliament decides:
(1) To define its policy goals for international law enforcement co-operation.
(2) To propose specific frameworks and guidelines for international law enforcement co-operation.
(3) To call upon the Ministry of Foreign Affairs to negotiate with the Redmont Department of State on this subject matter.

To set precedent for the above, Parliament passes:

A
RESOLUTION
TO
Establish Parliament's preferred framework for an international law enforcement co-operation treaty​

1 - About this Resolution
(1) This Resolution

(a) may be cited as the Resolution on International Law Enforcement Co-Operation, or the RILEC.​

(b) may be numbered as P.B.04-### (to be assigned by the Office of the Speaker).​

(c) has been authored by MP Capt11543.​

(d) has been co-sponsored by Minister of Foreign Affairs PhillinDeBlanc.​

2 - Definitions
For the purposes of this Resolution, the following terms are defined:
(1) “International Investigation” - Any criminal investigation requiring collaboration between multiple countries.

(2) “Originating Country” - The country in which an international investigation began.

3 - Policy Goals of Parliament
Parliament supports a framework of international co-operation on criminal justice that:

(1) Protects due process and the rights of the criminally accused in both countries.

(2) Respects the investigative work of each country’s law enforcement apparatus.

(3) Upholds the sovereignty of each country’s judiciary.

(4) International co-operation should not be abused or misused to circumvent protections against overreach or misconduct by any country's domestic law enforcement.

4 - International Search Warrants
Parliament proposes the following framework for international search warrants:

(1) A Court with appropriate jurisdiction in the originating country determines that there is probable cause to issue a search warrant for particular materials, and that an international search may be required.

(2) The prosecuting authority in the originating country files an application for a search warrant in a Court in the co-operating country.

(3) The co-operating country's Court accepts the originating country's Court's findings of fact, and reviews the search warrant application against the laws of the co-operating country to protect the rights of the target of the warrant in that country.

5 - Intelligence Sharing
Parliament supports the sharing of intelligence between law enforcement agencies in the Kingdom of Alexandria and the Commonwealth of Redmont under the following guiding principles:

(1) Any intelligence sharing program between Alexandria and Redmont must:

(a) Not infringe upon the rights of any citizen of either country​

(b) Be limited to what is absolutely necessary to advance a criminal investigation.​

(2) It should be the responsibility of the originating country's law enforcement agency to ensure that information requested is relevant and appropriately limited in scope.

(3) It should be the responsibility of each country to ensure that individuals’ legal rights are being upheld when requesting intelligence and responding to intelligence requests.

(4) It should be the responsibility of both countries to develop procedures and best practices for the secure transfer of intelligence.

6 - Call to Action
Parliament calls upon the Ministry of Foreign Affairs to take the following actions:

(1) Re-open negotiations with the Redmont Department of State regarding international law enforcement co-operation as soon as possible.

(2) Advocate for and refine the framework and guidelines proposed by this Resolution.

 

[Capt11543]

AMENDMENT 01
Immediately after submitting this Amendment, the Resolution on International Law Enforcement Co-operation shall be amended in the manner described below.

§4(3) shall read the following:

"(3) The co-operating country's Court accepts the originating country's findings of fact, and reviews the search warrant application against the laws of the co-operating country to protect the rights of the target of the warrant in that country."