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

15. Foreign request for the location of the proceeds of crime

(1) Where-

(b) an international criminal tribunal requests the Central Authority to assist in locating property believed to be the proceeds of an international criminal tribunal offence,
the Central Authority may apply to a Judge in Chambers for an order -

(ii) that a bank or financial institution forthwith produces to the Central Authority all information obtained by it about any business transaction relating to the property for such period before or after the date of the order as the Judge may direct.

(2) Notwithstanding section 26 of the Bank of Mauritius Act 2004, section 64 of the Banking Act 2004, section 33 of the Financial Services Development Act 2001 and section 6(7) and (8), a Judge in Chambers may grant an order under subsection (1) on being satisfied that -
[Amended 14/05]
(a) the document 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 authorises the granting of such an order in circumstances similar to the one relating to the request.