Freezing of assets - national procedures for ICC proceedings

Mauritius

Mauritius - ICC Act 2011 EN

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

Mauritius - Mutual Assistance Act 2003 EN

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.

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