PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE


73. Request for assistance in the restraining and seizure of property associated to crime -

(1) Where the ICC requests assistance in identifying, tracing and restraining or seizing property for the purpose of eventual forfeiture, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister has reasonable grounds to believe that the property is or may be located in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General -

(a) shall use its best endeavours to give effect to the request; or
(b) may, where appropriate, apply to a Judge for a restraining 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 Judge considering an application under subsection 2(b) may make a restraining or seizing order, as appropriate, if satisfied -

(a) that a forfeiture order has been made 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 application for the restraining or seizing order relates consists of or includes property that is or may be affected by such a forfeiture order.

(5) A restraining 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 Judge for an order to vary or discharge the restraining or seizing order in relation to the person’s interest.

(7) The Judge may vary or discharge the restraining or seizure order in relation to the interest of a person making an application under subsection (6) only if the Judge 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 that the property was the proceeds of, or associated with, the crime.

(8) Subject to subsection (7), the property shall remain subject to the restraining or seizing order until the ICC issues a relevant forfeiture order in respect of the property and that order has been registered for enforcement under section 96 or the ICC advises that no such order will be issued, in which case the property shall be discharged from the restraining or seizing order.