Part III – General Provisions Relating to Requests for Assistance

20. Requests for assistance.

(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;

Part V – Domestic Procedures for Other Types of Co-operation

Search and Seizure

59. Request relating to property associated to crime.

(1) Where the ICC requests assistance under article 93(1)(k) in identifying, tracing and freezing or seizing property for the purpose of eventual forfeiture, the Minister shall give authority for the request to proceed an transmit the request to the appropriate Ugandan agency if the Minister has reasonable grounds to believe that the property is or may be located in Uganda.

(2) Where the Minister authorises and transmits the request under subsection (1), the appropriate Ugandan agency –

(a) shall use its best endeavours to give effect to the request; or
(b) may, where appropriate, apply to a Registrar for a freezing or seizing order with respect to the property.

(3) An application under subsection 2(b) may be made ex parte and may be granted without a hearing.

(4) The Registrar considering an application under subsection 2(b) may make a freezing or seizing order, as appropriate, if satisfied –

(a) that a forfeiture order has been in proceedings before the ICC; or
(b) that there are reasonable grounds to believe that a forfeiture order may be made in such proceedings,
and that the property to which the order relates consists of or includes property that is or may be affected by such a forfeiture order.

(5) A freezing or seizing order shall provide for notice to be given to any persons with an interest in the property or otherwise affected by the order.

(6) A person affected by the order may apply to a registrar for an order to vary or discharge the freezing or seizing order in relation to his or her interest.

(7) The Registrar may vary or discharge the order in relation to the interest of a person under subsection (6) only if the registrar is satisfied that the applicant has an interest in the property, was not in any way involved in the commission of the crime to which the property relates, and had no basis to believe the property was the proceeds of, or associated with the crime.

(8) Subject to subsection (7), the property shall remain subject to the freezing or seizing order until the ICC issues a relevant forfeiture order in respect of the property or advises that no such order will be issued, in which case the property shall be discharged from the freezing order.

Part VI – Enforcement of Penalties

Assistance with Enforcement of Victim Reparation Fines and Forfeiture Orders

66. Enforcement of forfeiture orders.

(1) Where the ICC requests enforcement in accordance with article 109 of the Statute, of an order for forfeiture of property made under article 77 (2)(b) of the Statute, the Minister shall give authority for the request to proceed if he or she has reasonable grounds to believe that –

(a) neither the conviction in respect of which the order was imposed, nor the forfeiture order, is subject to further appeal; and
(b) the property identified by the ICC is located in Uganda or that the person concerned, directly or indirectly, holds property in Uganda that may be the subject of the forfeiture order,
and shall refer the request to the Registrar for enforcement in accordance with this section.

(2) Upon receipt of a referral under subsection (1), the Registrar shall file the original or a certified copy of the forfeiture order of the ICC with the High Court and upon being filed, the order shall be entered as a judgment of that court.

(3) Upon the entry of the order, the High Court may direct the Registrar to do either or both of the following –

(a) give notice of the entry, in the manner and within the time the Court considers appropriate to such persons, other than a person convicted of an offence in respect of which the order was made, as the Court has reason to believe may have an interest in the property;
(b) publish notice of the entry in the manner and within the time the Court considers appropriate.

(4) A forfeiture order entered under subsection (2) shall have, from the date it is entered, the same effect and may be enforced as if it were an order for the forfeiture of property issued by the High Court.

(5) A forfeiture order entered under subsection (2) may not be enforced until the expiry of any period set by the Court in any notice given or published under subsection (3), or two months from the entry of the order, whichever is the longer period.

(6) If a forfeiture order is entered under subsection (2), a person, other than a person convicted of an offence in respect of which the order was made, who claims an interest in the property, may apply to the High Court, with notice to the Registrar.

(7) A person on whom notice of the hearing of the ICC held in connection with the making of the forfeiture order was served or who appeared at the hearing may not make an application under subsection (6) without leave of the Court.

(8) The High Court shall grant leave under subsection (7) only where it determines that it would be contrary to the interests of justice not to do so.

(9) An application under subsection (6) shall be made before the expiry of any period set in a notice under subsection (3) or within two months of the entry of the order, whichever is the longer period, unless the Court grants leave.

(10) On application under subsection (6), the Court may make an order setting aside an entry in whole or in part if satisfied that –

(a) the applicant has an interest in the property;
(b) the applicant did not receive notice of the hearing before the ICC or through no fault of his or her own, did not appear;
(c) the applicant was not in any way involved in the commission of the offence in respect of which the order was made; and
(d) the applicant had no knowledge that the property constituted the proceeds of, or was associated with, the crime.

(11) In the circumstances described in subsection (10(a), the Court may –

(a) declare the nature, extent and value of the applicant’s interest in the property; and
(b) either direct that the interest be transferred to the applicant or that payment be made to the applicant of an amount equivalent to the value of the interest.