PART III GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

28. Requests for assistance - A request for assistance is a request made by the ICC to the Minister, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, in relation to a crime within the jurisdiction of the ICC, for:

(a) assistance in respect of any one or more of the following, namely –

(xii) the identification, tracing and restraining, or seizure of proceeds of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

PART V REQUESTS FOR OTHER TYPES OF ASSISTANCE

73. Request for assistance in restraining and seizure of property associated to crime

(1) Where the ICC requests assistance in identifying, tracing and restraining or seizing property for the purpose of eventual forfeiture, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister has reasonable grounds to believe that the property is or may be located in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General -
(a) shall use its best endeavours to give effect to the request; or
(b) may, where appropriate, apply to a Judge for a restraining or seizing order with respect to the property.

(3) An application under subsection 2(b) may be made ex parte and may be granted without a hearing.

(4) The Judge considering an application under subsection 2(b) may make a restraining or seizing order, as appropriate, if satisfied -
(a) that a forfeiture order has been made in proceedings before the ICC; or
(b) that there are reasonable grounds to believe that a forfeiture order may be made in such proceedings, and that the property to which the application for the restraining or seizing order relates consists of or includes property that is or may be affected by such a forfeiture order.

(5) A restraining or seizing order shall provide for notice to be given to any persons with an interest in the property or otherwise affected by the order.

(6) A person affected by the order may apply to a Judge for an order to vary or discharge the restraining or seizing order in relation to the person’s interest.

(7) The Judge may vary or discharge the restraining or seizure order in relation to the interest of a person making an application under subsection (6) only if the Judge is satisfied that the applicant has an interest in the property, was not in any way involved in the commission of the crime to which the property relates, and had no basis to believe that the property was the proceeds of, or associated with, the crime.

(8) Subject to subsection (7), the property shall remain subject to the restraining or seizing order until the ICC issues a relevant forfeiture order in respect of the property and that order has been registered for enforcement under section 96 or the ICC advises that no such order will be issued, in which case the property shall be discharged from the restraining or seizing order.

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.