CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

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

29. Assistance to country in tracing property, etc.

(1) This section applies where—

(b) property derived or obtained, directly or indirectly, by the person from the commission of that offence is suspected, on reasonable grounds, to be in Trinidad and Tobago;
(c) a request is transmitted seeking assistance by Trinidad and Tobago in identifying, locating or assessing the value or amount of that property; and
(d) the request is accepted.

(2) Where this section applies, the Central Authority—

(a) shall use its best endeavours to give the assistance requested and, in doing so, may invoke such powers and procedures as may be prescribed for the purposes of this section; and
(b) shall inform the Central Authority for the Commonwealth country making the request as to the outcome of those endeavours.

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—
(a) Part 9 of the Statute, namely—

(xii) 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

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Identifying, Freezing, or Seizing Property Associated with Crime

111. (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 he 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 Trinidad and Tobago.
112. (1) If the Attorney General gives authority for the request for assistance in identifying, tracing and freezing, or seizing tainted property to proceed, he may authorize the appropriate Trinidad and Tobago authority to apply for one or more of the following orders or warrants under the Proceeds of Crime Act, 2000: Act No.55 of 2000
(a) a search warrant;
(b) a restraint order;
(c) a charging order; or
(d) a confiscation order.
(2) If the ICC’s request relates to the freezing of tainted property, and the ICC has made an order in the nature of a restraint order, the Attorney General may authorize the appropriate authority to register that order, and section 130 shall apply accordingly, with the necessary modifications.