Seizure of assets - national procedures for ICC proceedings


The International Criminal Court Act 2010

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

59. Request relating to property associated to crime.
(1) Where the ICC requests assistance under article 93(1)(k) in indentifying, 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.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) 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; and