Location of items - national procedures for ICC proceedings

Mauritius

International Criminal Court Act 2011

PART V – CO-OPERATION AND JUDICIAL ASSISTANCE

21. Areas of co-operation and judicial assistance

(1)

(a) the identification and whereabouts of persons or the location of items

Mutual Assistance in Criminal and Related Matters Act 2003

PART III - FORMS OF MUTUAL ASSISTANCE

6. Procedure for an evidence-gathering order or a search warrant

(1) Notwithstanding any other enactment, where the Central Authority grants a request by a foreign State, or an international criminal tribunal, to obtain evidence or a search warrant in Mauritius, the Central Authority may apply to a Judge in Chambers for -

(a) an evidence-gathering order ; or
(b) a search warrant for the search of a person or premises, and removal or seizure of any document or article.

PART III - FORMS OF MUTUAL ASSISTANCE

15. Foreign request for the location of the proceeds of crime

(1) Where-

(a) a foreign State requests the Central Authority to assist in locating property believed to be the proceeds of a serious crime committed in that State ; or

(b) an international criminal tribunal requests the Central Authority to assist in locating property believed to be the proceeds of an international criminal tribunal offence,
the Central Authority may apply to a Judge in Chambers for an order -

(i) that any information relevant to -
(A) identifying, locating or quantifying any property ; or
(B) identifying or locating any document necessary for the transfer of any property, belonging to, or in the possession or under the control of that person be delivered forthwith to the Central Authority ; or

(ii) that a bank or financial institution forthwith produces to the Central Authority all information obtained by it about any business transaction relating to the property for such period before or after the date of the order as the Judge may direct.

(2) Notwithstanding section 26 of the Bank of Mauritius Act 2004, section 64 of the Banking Act 2004, section 33 of the Financial Services Development Act 2001 and section 6(7) and (8), a Judge in Chambers may grant an order under subsection (1) on being satisfied that -
[Amended 14/05]
(a) the document is material and necessary to the proceedings in the foreign state or before the international criminal tribunal ; and
(b) the law of the foreign State authorises the granting of such an order in circumstances similar to the one relating to the request.

PART III - FORMS OF MUTUAL ASSISTANCE

15. Foreign request for the location of the proceeds of crime

(1) Where-

(a) a foreign State requests the Central Authority to assist in locating property believed to be the proceeds of a serious crime committed in that State ; or

(b) an international criminal tribunal requests the Central Authority to assist in locating property believed to be the proceeds of an international criminal tribunal offence,
the Central Authority may apply to a Judge in Chambers for an order -

(i) that any information relevant to -
(A) identifying, locating or quantifying any property ; or
(B) identifying or locating any document necessary for the transfer of any property, belonging to, or in the possession or under the control of that person be delivered forthwith to the Central Authority ; or

(ii) that a bank or financial institution forthwith produces to the Central Authority all information obtained by it about any business transaction relating to the property for such period before or after the date of the order as the Judge may direct.

(2) Notwithstanding section 26 of the Bank of Mauritius Act 2004, section 64 of the Banking Act 2004, section 33 of the Financial Services Development Act 2001 and section 6(7) and (8), a Judge in Chambers may grant an order under subsection (1) on being satisfied that -
[Amended 14/05]
(a) the document is material and necessary to the proceedings in the foreign state or before the international criminal tribunal ; and
(b) the law of the foreign State authorises the granting of such an order in circumstances similar to the one relating to the request.

16. Enforcement of request for the location of the proceeds of crime

A Judge in Chambers may, on good cause shown by the Central Authority that a person is failing to comply with, is delaying or is otherwise obstructing an order made in accordance with section 15, order the Central Authority, or an officer authorised by the Central Authority, to enter and search the premises specified in the order and remove any document, material or other thing therein for the purposes of executing such 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:

(a) The identification and whereabouts of persons or the location of items;