''Part VI-PROCEEDS OF CRIME, Division 1-Requests by Fiji, 29. Requests for enforcement of orders''
Fiji may request an appropriate authority of a foreign country to make arrangements for the enforcement of -
(a) a forfeiture order made in Fiji against property that is believed to be located in that foreign country,
(b) a confiscation order made in Fiji where some or all of the property available to satisfy the order is believed to be located in that foreign country, or
(c) a restraining order made in Fiji against property that is believed to be located in that foreign country, if the order was made in respect of a serious offence.
''Part VI-PROCEEDS OF CRIME, Division 2 - Requests by foreign countries, 31. Requests for enforcement of orders''
(1) Where-
(a) a foreign country requests the Attorney-General to make arrangements for the enforcement of -
(i) a foreign forfeiture order, made in respect of a serious offence, against property that is believed to be located in Fiji; or
(ii) a foreign confiscation order, made in respect of a serious offence, where some or all of the property available to satisfy the order is believed to be located in Fiji; and
(b) the Attorney-General is satisfied that-
(i) a person has been convicted of the offence; and
(ii) the conviction and the order are not subject to further appeal in the foreign country,
the Attorney-General may authorise the Director of Public Prosecutions, in writing, to apply for the registration of the order in the Court.
(2) Where a foreign country requests the Attorney-General to make arrangements for the enforcement of a foreign restraining order, made in respect of a serious offence, against property that is believed to be located in Fiji the Attorney-General may, authorise the Director of Public Prosecutions, in writing, to apply for the registration of the order in the Court.
(3) Where the Director of Public Prosecutions applies to the Court for registration of a foreign order under this section, the Court may register the order.
(4) A foreign forfeiture order registered in the Court under this section has effect, and may be enforced, as if it were a forfeiture order made by the Court under the Proceeds of Crime Act, 1997 at the time of registration.
(5) A foreign confiscation order registered in the Court under this section has effect, and may be enforced, as if it were a confiscation order made by the Court under the Proceeds of Crime Act, 1997 at the time of registration and requiring the payment to the State of the amount payable under the order.
(6) A foreign restraining order registered in the Court under this section has effect, and may be enforced, as if it were a restraining order made by the Court under the proceeds of Crime Act, 1997 at the time of registration.
(7) Where a foreign confiscation order or a foreign restraining order is registered in the Court under 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 amendment does not, for the purposes of this Act and the Proceeds of Crime Act, 1997 come into effect until registered.
(8) An order or an amendment of an order shall be registered in the Court by the registration, in accordance with the rules of the Court, of-
(a) a copy of the appropriate order or amendment sealed by the Court or other authority making that order or amendment; or
(b) a copy of that order or amendment duly authenticated under subsection 48(2).
(9) A facsimile copy of a sealed or authenticated copy of an order or an amendment of an order shall be regarded for the purposes of this Act as the same as the sealed or authenticated copy but registration effected by means of the facsimile copy ceases to have effect at the end of 21 days unless the sealed or authenticated copy has been registered by then.
(10) The Attorney-General may, in writing, direct the Director of Public Prosecutions to apply to the Court for cancellation of the registration of a foreign confiscation order or a foreign restraining order which has been registered in the Court.
(11) Where the Director of Public Prosecutions applies to the Court under subsection (10), the Court shall cancel the registration accordingly.
(12) Section 73 of the Proceeds of Crime Act, 1997 does not apply to an order registered under this section.
1. Les États Parties font exécuter les peines d'amende et les mesures de confiscation ordonnées par la Cour en vertu du chapitre VII, sans préjudice des droits des tiers de bonne foi et conformément à la procédure prévue par leur législation interne.
2. Lorsqu'un État Partie n'est pas en mesure de donner effet à l'ordonnance de confiscation, il prend des mesures pour récupérer la valeur du produit, des biens ou des avoirs dont la Cour a ordonné la confiscation, sans préjudice des droits des tiers de bonne foi.
3. Les biens, ou le produit de la vente de biens immobiliers ou, le cas échéant, d'autres biens, obtenus par un État Partie en exécution d'un arrêt de la Cour sont transférés à la Cour.