Forfeiture of assets

Co-operative Republic of Guyana

Guyana -Mutual Assistance in Criminal Matters Act 2010

34(a) an order is made in a Commonwealth country—



confiscating or forfeiting proceeds of a specified serious offence;



imposing on the person against whom the order is made a pecuniary penalty calculated by reference to the value of proceeds of a specified serious offence; or



restraining dealings with property which is, or is suspected on reasonable grounds of being proceeds of a specified serious offence;

(b) proceeds of the serious offence, or any property –



available for the satisfaction of the order;



as the case may be, available for the satisfaction of the pecuniary penalty; or



to which the order would apply, are or is suspected on reasonable grounds to be in Guyana;

a request is transmitted requesting that the order concerned be enforced in accordance with the law of Guyana and, that to that end, Guyana give appropriate assistance; and



the request is accepted.

34(8) All property confiscated or forfeited tinder subsection (7) —



shall be distributed between the Consolidated Fund and the requesting country; and



may be donated to any person or organisation, as agreed between the central authority for Guyana and the central authority for the requesting country.

Rome Statute

Article 93 Other forms of cooperation

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

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.