Tracing of assets - authority - ICC proceedings

New Zealand

International Crimes and International Criminal Court Act 2000

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Identifying, freezing, or seizing property associated with international crimes

111.
Request relating to property associated with crime—

(1)This section applies if the ICC requests assistance under article 93(1)(k) of the Statute in identifying, tracing and freezing, or seizing tainted property for the purpose of eventual forfeiture.

(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—

(a)the request relates to an international crime that is being investigated by the Prosecutor, or which is the subject of proceedings before the ICC; and

(b)tainted property is or may be located in New Zealand.

Cf Statute, articles 57(3)(e), 93(1)(k)

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