PART I – PRELIMINARY

2. Interpretation

In this Act –

“forfeiture order” means an order, issued by the International Criminal Court, aimed at recovering the proceeds of an international crime or the value of such proceeds

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

21. Areas of co-operation and judicial assistance

(1)

(k) the identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of international crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

PART VI – OTHER FORMS OF ASSISTANCE

32. Request for enforcement of fine or forfeiture order

(1) Where the Attorney-General receives a request from the International Criminal Court for the enforcement of a fine or any order for forfeiture in Mauritius, he shall lodge with the Master and Registrar or present a certified copy of the order if where he is satisfied that the order is not subject to any review or appeal and that the request is supported by –
(a) a concise statement of the purpose of the request, and the assistance sought, including the legal basis and the ground for the request;
(b) as much information as possible about the location or identification of any person or place that shall be found in order for the assistance sought to be provided;
(c) a concise statement of the essential facts underlying the request;
(d) the reasons for and details of any procedure or requirement to be followed;
(e) such information as may be required by the law of Mauritius in order to execute the request; and
(f) any other information that is available and may be relevant in the
circumstances.

(2) The Master and Registrar with whom a certified copy of a request order is lodged under subsection (1) shall register such order in respect of the persons or items specified therein

PART VI - OTHER FORMS OF ASSISTANCE

35. Registration of forfeiture order

(1) Where the Attorney-General receives a request for assistance in executing a forfeiture order in Mauritius made by the International Criminal Court, he shall ascertain that –
(a) the order is final and not subject to review or appeal;
(b) the person against whom the order was made had the opportunity of defending himself;
(c) the order cannot be satisfied in full except by confiscating and realising property;
(d) the order is enforceable by the International Criminal Court;
(e) the person concerned holds property in Mauritius; and
(f) the request is supported by –
(i) a concise statement of the purpose of the request, including the legal basis and the ground for the request;
(ii) as much information as possible about the location or identification of the property in question;
(iii) a concise statement of the essential facts underlying the request ;
(iv) the reasons for and details of any procedure or requirement to be followed; and
(v) any other information that is available and may be relevant in the circumstances.

(2) On being satisfied that the requirements of subsection (1) have been complied with, the Attorney-General shall lodge with the Clerk of a Court in Mauritius having jurisdiction or the Master and Registrar, as the case may be, a certified copy of the forfeiture order.

(3) The Clerk or the Master and Registrar of the Court registering a forfeiture order shall forthwith issue a notice in writing, addressed to the person against whom the order has been made, to the effect that –
(a) the order has been registered at the Court concerned; and
(b) the said person may, within the prescribed period and in the prescribed manner, apply to that Court for the setting aside of the registration of the order.

(4) (a) Where the person against whom the forfeiture order has been made is present in Mauritius, the notice referred to in subsection (3) shall be served on the person in the prescribed manner.
(b) Where the said person is not present in Mauritius, he shall be informed of the registration of the forfeiture order in such manner as the Court may determine.

PART VI - OTHER FORMS OF ASSISTANCE

36. Effect of registration

(3) A forfeiture order may not be executed before the expiry of the period within which an application for the setting aside of the registration may be made, or if such application has been made, before the application is finally determined

PART VI - OTHER FORMS OF ASSISTANCE

37. Setting aside registration of forfeiture order

(1) On the application of any person against whom the registration of a forfeiture order in terms of section 35 has been made, the registration may be set aside if the Court at which it was registered is satisfied that –
(a) the order was registered in breach of this Act;
(b) the order is subject to review or appeal;
(c) the person against whom the order was made, through no fault on his part, did not appear at the proceedings concerned or did not receive notice of the said proceedings as prescribed by the Statute or, if no such notice has been prescribed, that he did not receive reasonable notice of the proceedings so as to enable him to defend himself at the proceedings; or
(d) the order has already been satisfied.

(2) The Court hearing an application referred to in subsection (1) may, at any time, postpone the hearing of the application to such date as it may determine

PART III - FORMS OF MUTUAL ASSISTANCE

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

(9) Notwithstanding section 26 of the Bank of Mauritius Act 2004, section 64 of the Banking Act 2004 and section 33 of the Financial Services Development Act 2001 and subsections (7) and (8), a Judge in Chambers hearing a request from a foreign State or an international criminal tribunal may grant an evidence-gathering order or search warrant against the Bank of Mauritius, a bank or financial institution where he is satisfied that -

(a) the information 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 permits the disclosure of information to foreign States in circumstances similar to the one relating to the request.

PART III - FORMS OF MUTUAL ASSISTANCE

13. Effect of registration of foreign confiscation order or foreign restraining order

(2) The Court may make an order under subsection (1) on such conditions as it may deem fit to impose, including any condition as to payment of debts, sale, transfer or disposal of any property.