Identification of assets - national procedures for ICC proceedings

Republic of Trinidad and Tobago

The International Criminal Court Act 2006

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24. (1) This Part applies to a request by the ICC for assistance that is made under—
(a) Part 9 of the Statute, namely—

(xii) 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

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Identifying, Freezing, or Seizing Property Associated with Crime

111. (1) This section applies if the ICC requests assistance under article 93(1)(k) of the Statute in identifying, tracing and freezing, or seizing tainted property for the purpose of eventual forfeiture.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an international crime that is being investigated by the Prosecutor, or which is the subject of proceedings before the ICC; and
(b) tainted property is or may be located in Trinidad and Tobago.
112. (1) If the Attorney General gives authority for the request for assistance in identifying, tracing and freezing, or seizing tainted property to proceed, he may authorize the appropriate Trinidad and Tobago authority to apply for one or more of the following orders or warrants under the Proceeds of Crime Act, 2000: Act No.55 of 2000
(a) a search warrant;
(b) a restraint order;
(c) a charging order; or
(d) a confiscation order.
(2) If the ICC’s request relates to the freezing of tainted property, and the ICC has made an order in the nature of a restraint order, the Attorney General may authorize the appropriate authority to register that order, and section 130 shall apply accordingly, with the necessary modifications.

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