Enforcement of forfeiture orders

Commonwealth of Australia

Australia - ICC Regulations 2008 (2018)

Form 11—Notice authorising application for registration of forfeiture order

Commonwealth of Australia

International Criminal Court Act 2002

Authorisation under subsection 155(2) to apply for registration of a forfeiture order

To [insert proceeds of crime authority]:

Because:
(a) the International Criminal Court has requested me to make arrangements for the enforcement of a forfeiture order made in relation to property that is reasonably suspected of being in Australia; and
(b) I am satisfied that:
(i) [insert name of person] has been convicted by the International Criminal Court of the crime within the jurisdiction of the Court to which the order relates; and
(ii) the conviction and the order are not subject to appeal or further appeal in the Court;
I, , Attorney General of the Commonwealth of Australia, under subsection 155(2) of the International Criminal Court Act 2002, authorise you, [insert proceeds of crime authority], to apply for the registration of the attached order.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.