CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO TRINIDAD AND TOBAGO FOR ASSISTANCE

30. 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 of the pecuniary penalty under the order, or to which the order would apply, is suspected on reasonable grounds, to be in Trinidad and Tobago;

(c) a request is transmitted requesting that the order concerned be enforced in accordance with the laws of Trinidad and Tobago and to that end Trinidad and Tobago 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 under subsection (2), the Registrar of the Supreme Court shall register the order if he is satisfied—

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

(b) that, in the case of an order such as is referred to in subsection (1)(a)(ii)—
(i) 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;
(ii) the order is not subject to appeal; and
(iii) that enforcing the order in Trinidad and Tobago would not be contrary to the interest of justice.

(4) Where an order is registered in accordance with this section, a copy of any amendment made to the order, whether before or after registration, may be registered in the same way as the order, and the amendments shall not have effect until they are so 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 35(2)(a).

(6) The Supreme Court shall, after appropriate notice has been given to the Central Authority, cancel the registration of an external confiscation order or an external forfeiture order if—

(a) it appears to the Court that the order has been satisfied whether by payment of the amount due under the order or by the serving of a term of imprisonment by the person against whom the order is made; or
(b) after appropriate notice has been given to the Central Authority, it appears to the Court that the order has ceased to have effect in the Commonwealth country that made the request for assistance.

(7) 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.

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO TRINIDAD AND TOBAGO FOR ASSISTANCE

31. Assistance to country in obtaining restraining order.

(1) This section applies where—

(a) the Central Authority of a Commonwealth country transmits to the Central Authority, a certificate to the effect that—
(i) a named person has been, or is likely to be charged with, or has been convicted of, a specified serious offence; and
(ii) an order has been, or is likely to be made that has or, will have, the effect under the laws of that country—
(A) of confiscating or forfeiting property derived or obtained, directly or indirectly, by that person from the commission of the serious offence; or
(B) of imposing on that person a pecuniary penalty calculated by reference to the value of the property so derived or obtained;

(b) property so derived or obtained, or which would be available to satisfy a pecuniary penalty under the confiscation order, or, under such an order if made, is suspected on reasonable grounds to be in Trinidad and Tobago;

(c) a request is transmitted requesting that an order be made, in accordance with the laws of Trinidad and Tobago, restraining dealings with property and that Trinidad and Tobago give the 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 to secure the making of an appropriate order.

(3) The provisions of subsections (2) to (6) of section 30, shall apply mutatis mutandis with respect to the implementation of a request under this section.

PART II

INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Co-operation Relating to Offences Against Administration of Justice

23. (1) If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice that request must be dealt with in the case of a request for—

(b) enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts III and VI and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules;

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24. (1) This Part applies to a request by the ICC for assistance that is made under—
(b) any of the following articles of the Statute—

(v) article 109 of the Statute, which relates to the enforcement of fines and forfeiture measures.

PART VI
ENFORCEMENT OF PENALTIES

Assistance with Enforcement of Forfeiture Orders

126. (1) This section applies if—
(a) the ICC—
(i) makes an order under article 77(2)(b) of the Statute for the forfeiture of tainted property; and
(ii) requests assistance under article 109(1) of the Statute to enforce the forfeiture order; and
(b) neither the conviction in respect of which the order was imposed nor the forfeiture order is subject to further appeal.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that the order is of a kind that can be enforced in the manner provided in sections 127 to 131.
(3) If the Attorney General gives authority for the request to proceed, he shall refer the request to the Solicitor General for registration of the forfeiture order in the manner provided in sections 127 to 129.
127. (1) The Solicitor General may apply to the High Court for the registration of a forfeiture order or an amendment to such an order.
(2) On an application under subsection (1), the Court must register the order or the amendment to the order under section 128 if it is satisfied that the order or amendment to the order is in force.

128. (1) A forfeiture order, or an amendment to such an order, shall be registered in the High Court in accordance with the prescribed procedure, if any, of—
(a) a copy of the order or amendment sealed by the ICC; or
(b) a copy of the order or amendment authenti¬cated in accordance with subsection (2).
(2) A document is authenticated for the purposes of subsection (1)(b) if it purports to be—
(a) signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or
(b) authenticated in any other manner author¬ized by the Statute or the Rules.
(3) An amendment to a forfeiture order does not, for the purposes of this Act, have any effect until it is registered.
(4) A facsimile copy of a sealed or authenticated copy of an order or an amendment of an order has the same effect, for the purposes of this Act, as the sealed or authenticated copy that is not a facsimile.
(5) Notwithstanding subsection (4), registration effected by means of a facsimile copy ceases to have effect on the expiry of the period of twenty-one days commencing on the date of registration unless, before the expiry of that period, the sealed or authenticated copy is registered.
129. If the High Court registers an order under section 128, the Court may direct the Solicitor General to do either or both of the following—
(a) give notice of the registration, in the manner and within the time the Court considers appropriate, to such persons other than a person convicted of an offence in respect of which the order was made, as the Court has reason to believe may have an interest in the property; or

(b) publish notice of the registration in the manner and within the time the Court considers appropriate.
130. (1) A forfeiture order registered under section 128 has effect and may be enforced as if it were a forfeiture order—
(a) made by the High Court under the Proceeds of Crime Act, 2000; and
(b) entered on the date of registration.
(2) Subsection (1) applies subject to sections 132 and 133.
(3) If a forfeiture order is registered under section 128—
(a) the relevant provisions of the Proceeds of Crime Act, 2000, so far as are applicable and with any necessary modifications, apply in relation to the order;
(b) the property shall be disposed of, or other¬wise dealt with, in accordance with the order of, or directions given by, the ICC and the Attorney General may give such directions as may be necessary to give effect to that order or those directions; and
(c) if, for any reason, the Attorney General is not able to dispose of the property in accordance with the ICC’s order or directions, the Attorney General may, after consulting with the ICC, arrange for the property to be transferred to the person in whom it was vested immediately before the forfeiture order was made.
(4) A restraint order registered in accordance with section 112(2) has effect, and may be enforced, as if it were a restraint order—
(a) made by the High Court under the Proceeds of Crime Act, 2000; and
(b) entered on the date of registration.


131. (1) If the Attorney General is unable to give effect to a forfeiture order, he shall take measures to recover—

(a) the value specified by the ICC as the value of the tainted property ordered by the ICC to be forfeited; or
(b) if the ICC has not specified the value of the tainted property, the value that, in the opinion of the Attorney General, is the value of the tainted property ordered by the ICC to be forfeited.
(2) In a case to which subsection (1) applies, the forfeiture order is to be treated as a fine for the equivalent amount and may be enforced accordingly as if it were a fine—
(a) imposed by the High Court; and
(b) entered on the date of registration.
132. (1) If a forfeiture order is registered under section 128, a person, other than a person convicted of an offence in respect of which the order was made, who claims an interest in any of the property to which the order relates may apply to the High Court for an order under section 133.

(2) A person on whom notice of the hearing of the ICC held in connection with the making of the forfeiture order was served, or who appeared at the hearing, may not make an application under subsection (1) without the leave of the High Court.
(3) The High Court shall not grant leave under subsection (2) unless it is satisfied that—
(a) the applicant had good reason for failing to attend the hearing held by the ICC in connection with the making of the forfeiture order;

(b) evidence proposed to be adduced by the applicant in connection with the application under subsection (1) was not reasonably available to the applicant at the time of the hearing of the ICC; or
(c) there are special reasons justifying the grant of leave.
(4) An application under subsection (1) shall be made before the expiry of the period of two months beginning on the date on which the forfeiture order is registered in the High Court.
(5) Notwithstanding subsection (4), the High Court may grant a person leave to make an application under subsection (1) after the expiry of the period referred to in subsection (4) if it is satisfied that the person’s failure to apply within that period was not owing to any neglect on his part.
(6) A person who makes an application under sub¬section (1) shall serve notice of the application on the Solicitor General, who shall be a party to any proceedings on the application.
(7) This section and section 133 apply subject to any contrary provision in the Statute or the Rules.
133. (1) This section applies if—
(a) a person applies to the High Court for an order under this section in respect of an interest in property; and
(b) the Court is satisfied that the applicant’s claim is valid.
(2) If this section applies, the High Court shall make an order—
(a) declaring the nature, extent, and value of the applicant’s interest in the property; and

(b) either—
(i) directing that the interest be transferred to the applicant; or
(ii) declaring that payment be made to the applicant of an amount equal to the value of the interest declared by the Court.
(3) Notwithstanding subsection (2), the Court may, if it thinks fit, refuse to make an order under that subsection if it is satisfied that—
(a) the applicant was, in any respect, involved in the commission of the offence in respect of which the order was made; or
(b) although the applicant acquired the interest at the time of or after the commis¬sion of the offence, it was not acquired in good faith and for value.
134. (1) If a forfeiture order has been registered under section 128, the Attorney General may direct the Solicitor General to apply to the High Court for cancellation of the registration.
(2) Without limiting the generality of subsection (1), the Attorney General may give a direction under that subsection in relation to a forfeiture order if—
(a) the order has, since its registration in Trinidad and Tobago, ceased to have effect;
(b) the order was registered in contravention of section 126;
(c) the Attorney General considers that cancel¬lation is appropriate having regard to the arrangements in force with the ICC in relation to the enforcement of orders of that kind; or
(d) the ICC so requests.


(3) If, in accordance with a direction given under subsection (1), the Solicitor General applies to the High Court for cancellation of the registration of a forfeiture order, the Court shall cancel the registration accordingly.
Transfer of Money or Property Recovered under
this Part
135. (1) Any money or property, including the pro¬ceeds of sale of property, recovered as a result of the enforcement under this Part of an order of the ICC shall be transferred to the ICC.
(2) Subsection (1) applies—
(a) subject to section 130(3)(b) and (c); but
(b) notwithstanding any other provision in this Part or in any other Act.