Mauritius

Mutual Assistance in Criminal and Related Matters Act 2003

PART III - FORMS OF MUTUAL ASSISTANCE

15. Foreign request for the location of the proceeds of crime

(1) Where-

(b) an international criminal tribunal requests the Central Authority to assist in locating property believed to be the proceeds of an international criminal tribunal offence,
the Central Authority may apply to a Judge in Chambers for an order -

(ii) that a bank or financial institution forthwith produces to the Central Authority all information obtained by it about any business transaction relating to the property for such period before or after the date of the order as the Judge may direct.

(2) Notwithstanding section 26 of the Bank of Mauritius Act 2004, section 64 of the Banking Act 2004, section 33 of the Financial Services Development Act 2001 and section 6(7) and (8), a Judge in Chambers may grant an order under subsection (1) on being satisfied that -
[Amended 14/05]
(a) the document is material and necessary to the proceedings in the foreign state or before the international criminal tribunal ; and
(b) the law of the foreign State authorises the granting of such an order in circumstances similar to the one relating to the request.

Keywords

Execution of requests for assistance (under Articles 93 and 96) in accordance with national law
Service of documents - national procedures for ICC proceedings
Provision of records and documents - national procedures for ICC proceedings
Identification of assets - national procedures for ICC proceedings
Tracing of assets - national procedures for ICC proceedings



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