PART 4
ENFORCEMENT OF SENTENCES AND ORDERS
Power to make provision for enforcement of other orders
53.—(1) The Governor may make provision by regulations for the enforcement in the Territory of—
(a) fines or forfeitures ordered by the ICC, and
(b) orders by the ICC against convicted persons specifying reparations to, or in respect of, victims.
(2) The regulations may authorise the Governor—
(a) to appoint a person to act on behalf of the ICC for the purposes of enforcing the order, and
(b) to give such directions to the appointed person as appear to him necessary.
(3) The regulations made under this section shall provide for the registration of the order of the ICC by a court in the Territory as a precondition of enforcement.
An order shall not be so registered unless the court is satisfied that the order is in force and not subject to appeal.
If the order has been partly complied with, the court shall register the order for enforcement only so far as it has not been complied with.
(4) The regulations made under this section may provide that—
(a) for the purposes of enforcement an order so registered has the same force and effect,
(b) the same powers are exercisable in relation to its enforcement, and
(c) proceedings for its enforcement may be taken in the same way, as if the order were an order of a court in the Territory.
The regulations under this section may for that purpose apply all or any of the provisions (including provisions of subordinate legislation) relating to the enforcement in the Territory of orders of a court of a country or territory outside the Territory.
(5) A court shall not exercise its powers of enforcement under the regulations in relation to any property unless it is satisfied—
(a) that a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court and
(b) that the exercise of the powers will not prejudice the rights of bona fide third parties.
(6) The regulations under this section may provide that the reasonable costs of and incidental to the registration and enforcement of an order are recoverable as if they were sums recoverable under the order.
(7) Regulations made under this section may make different provision for different kinds of order
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.