Freezing of assets - national proceedings


Barbados - Mutual Assistance in Criminal Matters Act 1992 EN

Part 3 Requests by Commonwealth Countries to Barbados for Assistance

Article 26 Assistance to country in relation to certain orders

(1) This section applies where

(a) an order is made in a Commonwealth country

(i) confiscating or forfeiting property derived or obtained directly or indirectly from the commission of a specified serious offence;

(ii) imposing on the person against whom the order is made, a pecuniary penalty calculated by reference to the value of property so derived or obtained; or

(iii) restraining dealings with property which is, or is suspected on reasonable grounds of being, property so derived or obtained;

(b) property available for the satisfaction of the order or the pecuniary penalty under the order, or to which the order would apply, is suspected, on reasonable grounds, to be in Barbados;

(c) a request is transmitted requesting that the order concerned be enforced in accordance with the law of Barbados and that, to that end, Barbados give appropriate assistance; and (d) the request is accepted.

(2) Where this section applies, the Attorney-General shall cause an application to be made to the Supreme Court in accordance with the rules of the Supreme Court for the registration of the order concerned.

(3) On application made pursuant to subsection (2), the Supreme Court shall register the order if it is satisfied

(a) that at the time of registration the order is in force; and

(b) in the case of an order such as is referred to in subsection (1)(a)(ii)

(i) that the person against whom the order was made appeared in the proceedings or, if he did not do so, that he received notice of the proceedings in sufficient time to enable him to defend them, or that he had died or absconded before such notice could be given to him, and

(ii) that the order is not subject to appeal.

(4) Where an order is registered in accordance with this section, a copy of an amendment made to the order (whether before or after registration) may be registered in the same way as the order, and the amendments do not, for the purposes of this Act have effect until they are registered.

(5) An order or an amendment of an order shall be registered by the registration, in accordance with the rules of the Supreme Court, of

(a) a copy of the order or amendment sealed by the court or other authority making the order or amendment; or

(b) a copy of the order or amendment duly authenticated in accordance with section 31(2)(a).

(6) The Supreme Court shall, after appropriate notice has been given to the central authority for Barbados, cancel the registration of an order made in accordance with this section if it appears to the court to have ceased to have effect in the Commonwealth country that made the request for assistance.

(7) Regulations may make provision for and with respect to the enforcement in Barbados of an order registered in accordance with this section and may, for that purpose, direct that any act shall apply in relation to the order, subject to the limitations, exceptions or restrictions (if any) as may be prescribed, and the Act shall apply accordingly.

(8) In this section “appeal” includes any proceedings by way of discharging or setting aside a judgment or an application for a new trial or stay of execution.

Schedule 1

Request for Assistance made by Commonwealth Countries

Article 2

(8) Where a request such as is referred to in section 26 is made by a Commonwealth country, the request shall

(a) be accompanied by a copy of the relevant order made in the country

(i) sealed by the court that made the order; or

(ii) duly authenticated, and identify the law under which the order was made;

(b) give details of the specified serious offence;

(c) state the grounds for suspecting that the relevant property is in Barbados and give any information in the possession of the country which will assist in identifying or locating the property; and

(d) give particulars of any amount paid or recovered under the relevant order.

Schedule 2

Caribbean Treaty on Mutual Legal Assistance in Serious Criminal Matters

Article 18 Proceeds of Crime

1. The requested State shall, upon request, take measures to locate proceeds of crime believed to be located within its territory and shall notify the requesting State of the results of such measures.

2. When, pursuant to paragraph 1, suspected proceeds of crime are found, the requested State shall take such measures as are permitted by its law to seize, freeze, and confiscate these proceeds.

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