PART V—DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Assistance with Enforcement of Forfeiture Orders

126. (1) If the Attorney-General is unable to give effect to a forfeiture order, the Attorney-General shall take measures to recover—
(a) the value specified by the ICC as the value of theproperty ordered by the ICC to be forfeited; or
(b) if the ICC has not specified the value of the property, the value that, in the opinion of the Attorney-General, is the value of the 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 ordered to paid under the Penal Code for the equivalent amount and may be enforced accordingly as if it were a fine imposed on the date the forfeiture order was registered under this Act.

127. (1) If a forfeiture order is registered under section 123, 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 128.

(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 the person's part.
(6) A person who makes an application under subsection (1) shall serve notice of the application on the Attorney-General, who shall be a party to any pro¬ceedings on the application.
(7) This section and section 128 shall have effect subject to any contrary provision in the Rome Statute or
the ICC Rules.

128. (1) This section shall apply 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) 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 commission of the offence, it was not acquired in good faith and for value.

Article 109
Enforcement of fines and forfeiture measures
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.