ENFORCEMENT OF PENALTIES
Assistance with Enforcement of Forfeiture Orders
129. If the High Court registers an order under section 128, the Court may direct the Solicitor General to do either or both of the following—
(a) give notice of the registration, 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; or
(b) publish notice of the registration in the manner and within the time the Court considers appropriate.
132. (1) If a forfeiture order is registered under section 128, a person, other than a person convicted of an offence in respect of which the order was made, who claims an interest in any of the property to which the order relates may apply to the High Court for an order under section 133.
(2) 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 (1) without the leave of the High Court.
(3) The High Court shall not grant leave under subsection (2) unless it is satisfied that—
(a) the applicant had good reason for failing to attend the hearing held by the ICC in connection with the making of the forfeiture order;
(b) evidence proposed to be adduced by the applicant in connection with the application under subsection (1) was not reasonably available to the applicant at the time of the hearing of the ICC; or
(c) there are special reasons justifying the grant of leave.
(4) An application under subsection (1) shall be made before the expiry of the period of two months beginning on the date on which the forfeiture order is registered in the High Court.
(5) Notwithstanding subsection (4), the High Court may grant a person leave to make an application under subsection (1) after the expiry of the period referred to in subsection (4) if it is satisfied that the person’s failure to apply within that period was not owing to any neglect on his part.
(6) A person who makes an application under sub¬section (1) shall serve notice of the application on the Solicitor General, who shall be a party to any proceedings on the application.
(7) This section and section 133 apply subject to any contrary provision in the Statute or the Rules.
133. (1) This section applies if—
(a) a person applies to the High Court for an order under this section in respect of an interest in property; and
(b) the Court is satisfied that the applicant’s claim is valid.
(2) If this section applies, the High Court shall make an order—
(a) declaring the nature, extent, and value of the applicant’s interest in the property; and
(i) directing that the interest be transferred to the applicant; or
(ii) declaring that payment be made to the applicant of an amount equal to the value of the interest declared by the Court.
(3) Notwithstanding subsection (2), the Court may, if it thinks fit, refuse to make an order under that subsection if it is satisfied that—
(a) the applicant was, in any respect, involved in the commission of the offence in respect of which the order was made; or
(b) although the applicant acquired the interest at the time of or after the commis¬sion of the offence, it was not acquired in good faith and for value.
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.