Eleanor Ross
86 Geo. Wash. L. Rev. 839
In 2012, President Xi Jinping announced a new anti-corruption policy for the People’s Republic of China (“China”). This policy included sending Chinese officials to recover economic fugitives who fled to foreign countries that did not have extradition treaties with China. One such country is the United States, which has frequently refused to provide assistance to China on criminal matters. Sending these officials violates the United States’ sovereignty and ignores the legitimate concerns the United States has about the Chinese legal system. The United States and China should enter into a new, bilateral treaty for the provision of mutual legal assistance in criminal matters. This treaty should specifically cover economic crimes, provide for sharing the illicit gains of the economic crimes, and limit exceptions to the provision of mutual legal assistance. This new treaty will allow the countries to create a comprehensive and consistent practice for mutual legal assistance for economic crimes, thus allowing prosecution of economic fugitives attempting to escape justice while protecting the national interests of both countries.
