Chapter 3 Legal Cooperation
Article Thirty One
Request for Money and Asset Recovery
The Afghan government can request recovery of monies and assets [which have been] confiscated by a verdict of a relevant foreign court or can accept [a similar type of] request from a foreign country.
Chapter 3 Legal Cooperation
Article Thirty Three
Transfer of Moveable Assets and the Price of Immoveable Assets
Moveable assets of a citizen of Afghanistan or a foreigner which are confiscated based on the verdict of a competent court of a foreign country may be ceded to the requesting country. Immoveable assets are sold through a bidding process and the amount [received from the sale] shall be transferred to the foreign country. Based on an agreement, Afghanistan can be one of the stakeholders in the monies and assets that are located in Afghanistan and confiscated through a verdict of a foreign court.
Chapter 3 Legal Cooperation
Article Thirty Seven
Rejection or postponement of returning assets
If the assets to be frozen, seized, or confiscated, are related to a case under [Afghan] prosecution, the court can reject, or can postpone a request to send the items to the requesting country.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
Immunity of the Court, its Property, Funds and Assets
1. The Court, and its property, funds and assets, wherever located and by whomsoever held, shall be immune from every form of legal process, except insofar as in any particular case the Court has expressly waived its immunity. It is however, understood that no waiver of immunity shall extend to any measure of execution.
2. The property, funds and assets of the Court, wherever located and by whomsoever held, shall be immune from search, seizure, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
3. To the extent necessary to carry out the functions of the Court, the property, funds and assets of the Court, wherever located and by whomsoever held, shall be exempt from restrictions, regulations, controls or moratoria of any nature.