Seizure of assets - national procedures for ICC proceedings

United Kingdom of Great Britain and Northern Ireland

International Criminal Court (Scotland) Act 2001 (2015)

PART 2
ASSISTANCE

19 Investigation of proceeds of ICC crime

Where the Scottish Ministers receive a request from the ICC for assistance—
in ascertaining whether a person has benefited from an ICC crime ; or
in identifying the extent or whereabouts of property derived directly or indirectly from an ICC crime,
the Scottish Ministers may direct such person as they may authorise to apply on behalf of the ICC for an order or warrant under schedule 5 to this Act (which makes provision for production or access orders and the issuing of search warrants).

PART 2
ASSISTANCE

20 Freezing orders in respect of property liable to forfeiture

Where the Scottish Ministers receive a request from the ICC for assistance in the freezing or seizure of proceeds, property and assets or instrumentalities of crime for the purpose of eventual forfeiture, they may—
authorise a person to act on behalf of the ICC for the purposes of applying for a freezing order, or applying for the variation or discharge of such an order ; and
direct that person to apply for such an order, or the variation or discharge of such an order, under schedule 6 to this Act (which makes provision for freezing orders in respect of property liable to forfeiture).

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