Enforcement of fines

Uganda

The International Criminal Court Act 2010

Part VI – Enforcement of Penalties

Assistance with Enforcement of Victim Reparation Fines and Forfeiture Orders

65. Enforcement of fines.
(1) Where the ICC requests enforcement in accordance with article 109 of the Statute of an order for the payment of a fine made under article 77(2)(a) 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 order for the payment of the fine is subject to further appeal; and

(b)the order can be enforced in the manner provided in this section, and shall refer the request to the appropriate Ugandan agency.

(2) The appropriate Ugandan agency shall, without delay –

(a) take such steps as are necessary to enforce the order as if it were a fine imposed on conviction under section 110 or 111 of the Trial on Indictments Act; and

(b) make such report to the Minister on the results of any action taken as it considers to be appropriate in the circumstances.

(3) Nothing in this section shall be construed as limiting or affecting the provision of other types of assistance to the ICC in relation to a penalty imposed under article 77 of the Statute.

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 –

(xiii) the enforcement of orders for fines, penalties and reparation; or

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 –

(b) any of the following articles of the Statute –


(v) article 109 of the Statute (which relates to the enforcement of fines and forfeiture measures);

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

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.