Certified Anti-Money Laundering Specialist Certification (CAMS) Practice Exam

According to FATF Recommendation 37, mutual legal assistance should be rendered even if:

1. There are no existing treaties

2. There is a lack of dual criminality

3. Information is outdated

4. Security concerns arise

The correct answer is: There is a lack of dual criminality

The correct answer highlights that mutual legal assistance, as outlined in FATF Recommendation 37, should be provided even in situations where there is a lack of dual criminality. This principle indicates that countries are encouraged to assist each other with legal matters, regardless of whether the crime in question is recognized in both jurisdictions involved. The focus is on the importance of cooperation and the need to combat transnational crime, particularly in money laundering and terrorist financing. Dual criminality means that for mutual legal assistance to be granted, the act must be considered a crime in both countries. However, the FATF recognizes that practical challenges may arise, particularly in handling crimes that may not be defined identically across different legal systems. Therefore, the emphasis is on facilitating assistance rather than adhering strictly to the dual criminality requirement, allowing for greater collaboration between countries. The other choices do not align with the spirit of FATF Recommendation 37. For instance, the existence of treaties, the relevance and timeliness of information, and security concerns can play a role in specific cases but do not negate the fundamental push for international cooperation in legal assistance as emphasized by the FATF.