Part 2 Requests by Barbados to Commonwealth Countries for Assistance

Article 14 Assistance in tracing property

Where

(a) in Barbados a person

(i) has been charged with, or convicted of, a serious offence; or

(ii) is suspected, on reasonable grounds, of having committed such an offence; and

(b) property or benefits derived or obtained, directly or indirectly, from the commission of that offence is suspected, on reasonable grounds, to be in a Commonwealth country,

a request may be transmitted requesting that assistance be given by the Commonwealth country in accordance with the law of that country in identifying, locating or assessing the value or amount of the property or benefits.

Part 3 Requests by Commonwealth Countries to Barbados for Assistance

Article 25 Assistance to country in tracing property

(1) This section applies where

(a) the central authority for a Commonwealth country transmits to the central authority for Barbados a certificate given, for the purpose of a request for assistance under this section, by a person legally qualified in the Commonwealth country, to the effect that in the country a named person

(i) has been charged with, or convicted of, a specified serious offence, or

(ii) is suspected, on reasonable grounds of having committed such a specified offence;

(b) property derived or obtained, directly or indirectly, from the commission of that offence is suspected, on reasonable grounds, to be in Barbados;

(c) a request is transmitted requesting assistance by Barbados in identifying, locating or assessing the value or amount of that property; and

(d) the request is accepted.

(2) Where this section applies, the central authority for Barbados shall

(a) use its best endeavours to give the assistance requested and, in doing so, shall invoke the powers and procedures available for that purpose; and

(b) inform the central authority for the Commonwealth country making the request as to the outcome of those endeavours.

Schedule 1

Request for Assistance made by Commonwealth Countries

Article 2

(7) Where a request such as referred to in section 25 is made by a Commonwealth country, the request shall

(a) give details of the specified serious offence; and

(b) state the grounds for suspecting that the relevant property is in Barbados and give any information in the possession of the country which will assist in identifying or locating that property.

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 18 Proceeds of Crime

1. The requested State shall, upon request, take measures to locate proceeds of crime believed to be located within its territory and shall notify the requesting State of the results of such measures.

2. When, pursuant to paragraph 1, suspected proceeds of crime are found, the requested State shall take such measures as are permitted by its law to seize, freeze, and confiscate these proceeds.