Mauritius

Mutual Assistance in Criminal and Related Matters Act 2003

PART III - FORMS OF MUTUAL ASSISTANCE

12. Foreign request for enforcement of foreign restraining order or confiscation

(1) Notwithstanding any other enactment, where a foreign State, or an international criminal tribunal, requests that necessary measures be taken for the enforcement of -

(a) a foreign restraining order ; or
(b) a foreign confiscation order,
the Central Authority may apply to the Supreme Court for registration of the order.

(2) The Supreme Court shall register the foreign restraining order where it is satisfied that, at the time of registration, the order is in force in the foreign State or before the international criminal tribunal.

(3) The Supreme Court shall register the foreign confiscation order where it is satisfied that -

(a) at the time of registration, the order is in force in the foreign State, or before the international criminal tribunal ; and

(b) in the case of a person who did not appear in the proceedings in the foreign State, or before the international criminal tribunal -

(i) the person was given notice of the proceedings in sufficient time to enable him to defend himself ; or
(ii) the person had absconded, or died before such notice could be given.

(4) For the purposes of subsections (2) and (3), a statement contained in the foreign request to the effect that -

(a) the foreign restraining or confiscation order is in force in the foreign State, or before the international criminal tribunal ; or
(b) the person who is the subject of the order was given notice of the proceedings in sufficient time to enable him to defend himself, or had absconded, or died before such notice could be given,
shall be prima facie evidence of the fact, without proof of the signature or official character of the person appearing to have signed the foreign request.

(5) Where a foreign restraining order or foreign confiscation order is registered in accordance with this section, a copy of any amendment made to the order in the foreign State, or before the international criminal tribunal, shall be registered in the same way as the order.

(6) Notice of the registration of any foreign confiscation order or foreign restraining order, shall be published in the Gazette and 2 daily newspapers, one of which shall be specified by the Supreme Court.

(7) Subject to subsection (9), where the foreign restraining order, or foreign confiscation order, comprises a facsimile copy of a duly authenticated foreign order, or amendment made to such an order, the facsimile shall be regarded for the purposes of this Act, as the duly authenticated foreign order.

(8) Any registration effected upon production of a facsimile shall cease to have effect up to the end of the period of 14 days commencing on the date of registration, unless a duly authenticated original of the order is registered by that time.

(9) Where a foreign restraining order, or foreign confiscation order, has been registered pursuant to this section, section 13 shall apply to such registration.

(10) A foreign restraining order shall stay in force until the determination of the proceedings in the foreign State, or by the international criminal tribunal.

Keywords

Other forms of cooperation
Provisional arrest
Provisional arrest - detention pending surrender
Execution of requests for assistance (under Articles 93 and 96) in accordance with national law
Cooperation under procedures of national law
National procedures for execution of requests for other forms of cooperation
Provisional arrest for ICC proceedings - national procedures
Seizure of assets - national procedures for ICC proceedings



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