Enforcement of forfeiture orders


Barbados - Mutual Assistance in Criminal Matters Act 1992 EN

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 19 Enforcement of Orders Made in States Parties in Relation to the Proceeds of Crime

1. The requesting State may request assistance of the requested State in securing the enforcement of an order made by a court of competent jurisdiction relating to the proceeds of crime within the jurisdiction of the requested State.

2. The requested State shall, to the extent permitted by its law, give effect to or permit enforcement of a final order confiscating the proceeds of crime made by a court of the requesting State or take other appropriate action to secure the proceeds of crime following a request by the requesting State.

3. The request shall be accompanied by a copy of any order made in the requesting State and shall contain, so far as reasonably practicable, all information available to the central authority of the requesting State which may be required in connection with the procedures to be followed in the requested State.

4. The law of the requested State shall apply to the determination of the circumstances and manner in which an order may be enforced.

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.