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


96. Enforcement of forfeiture orders -

(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.

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


96. Enforcement of forfeiture orders -

(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.

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

96. Enforcement of forfeiture orders

(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.

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

98. Orders for forfeiture of Property on conviction by ICC

(2) Before making an order under subsection (1), the court shall give every person appearing to have an interest in the property in respect of which the order is proposed to be made, an opportunity of being heard, and subsections (3), (4), (5), (6), (7), (8), (9), (10) and (11) of section 96 shall, mutatis mutandis, apply to an order made under this section.

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.