PART VI
ENFORCEMENT OF SENTENCES AND ORDERS OF THE ICC IN SAMOA


96. Enforcement of forfeiture orders -

(1) Where the ICC requests enforcement in accordance with article 109 of the Statute, of an order for forfeiture of property made under article 77(2)(b) of the Statute, the Minister shall give authority for the request to proceed if the Minister has reasonable grounds to believe that -

(a) neither the conviction in respect of which the order was imposed, nor the forfeiture order, is subject to further appeal; and
(b)the property identified by the ICC is located in Samoa or that the person concerned, directly or indirectly, holds property in Samoa that may be the subject of the forfeiture order, and shall refer the request to the Attorney General for enforcement in accordance with this section.

(2) Upon receipt of a referral under subsection (1), the Attorney General shall file the original or a certified copy of the forfeiture order of the ICC with the Supreme Court.

(3) Upon the filing of the order in the Supreme Court under subsection (2), the court may direct the Attorney General to do either or both of the following -

(a) give notice of the filing, in the manner and within the time the court considers appropriate to such persons, other than a person convicted of a crime in respect of which the order was made, as the court has reason to believe may have an interest in the property;
(b) publish notice of the filing in the manner and within the time the court considers appropriate.

(4) A forfeiture order filed in the Supreme Court under subsection (2) shall have, from the date it is filed, the same force and effect as if it were an order for the forfeiture of property issued by that court and shall be enforced accordingly.

(5) A forfeiture order filed under subsection (2) shall not be enforced until after the expiry of any period specified by the court in any notice given or published under subsection (3), or two months from the filing of the order, whichever is the longer period.

(6) Where a forfeiture order is filed in the Supreme Court under subsection (2), a person, other than a person convicted of a crime in respect of which the order was made, who claims an interest in the property, may apply to the court, with notice to the Attorney General.

(7) 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 shall not make an application under subsection (6) without leave of the court.

(8) The Supreme Court shall grant leave under subsection (7) only where it determines that it would be contrary to the interests of justice not to do so.

(9) An application under subsection (6) shall be made before the expiry of any period specified in a notice made or published under subsection (3) or within two months of the filing of the order, whichever is the longer period, unless the court grants leave.

(10) On an application under subsection (6), the court may make an order for the enforcement of the forfeiture order subject to the interest of the applicant if satisfied that –

(a) the applicant has an interest in the property;
(b) hearing before the ICC or through no fault of the person, did not appear at the hearing;
(c) the applicant was not in any way involved in the commission of the crime in respect of which the order was made; and
(d) the applicant had no knowledge that the property constituted the proceeds of, or was associated with, the crime.

(11) Where the court makes an order under subsection (10), the Court may -

(a) declare the nature, extent and value of the applicant’s interest in the property; and
(b) either direct that the interest be transferred to the applicant or that payment be made to the applicant of an amount equivalent to the value of the interest.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
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.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.