Enforcement of fines

Republic of Trinidad and Tobago

The International Criminal Court Act 2006



Co-operation Relating to Offences Against Administration of Justice

23. (1) If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice that request must be dealt with in the case of a request for—

(b) enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts III and VI and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules;


24. (1) This Part applies to a request by the ICC for assistance that is made under—
(b) any of the following articles of the Statute—

(v) article 109 of the Statute, which relates to the enforcement of fines and forfeiture measures.


Orders Relating to Victim Reparation

125. (1) This section applies if— Enforcement of fines
(a) the ICC—
(i) orders payment of a fine under article 77(2)(a) of the Statute; and
(ii) requests that the order be enforced in accordance with article 109 of the Statute; and
(b) neither the conviction in respect of which the order was imposed nor the order for payment of a fine is subject to further appeal.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that the order—
(a) involves a monetary penalty; and
(b) is of a kind that can be enforced in the manner provided in this section.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall refer the request to the appropriate Trinidad and Tobago agency; and
(b) that agency shall, without delay—
(i) take such steps as are necessary to enforce the order as if it were a fine imposed on conviction under the laws of Trinidad and Tobago; and

(ii) make such report to the Attorney General on the results of any action taken as it considers to be appropriate in the circumstances.
(4) Nothing in this section limits or affects the provisions of other types of assistance to the ICC in relation to a penalty imposed under article 77 of the Statute.


Transfer of Money or Property Recovered under
this Part
135. (1) Any money or property, including the pro¬ceeds of sale of property, recovered as a result of the enforcement under this Part of an order of the ICC shall be transferred to the ICC.
(2) Subsection (1) applies—
(a) subject to section 130(3)(b) and (c); but
(b) notwithstanding any other provision in this Part or in any other Act.

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.