PART III - FORMS OF MUTUAL ASSISTANCE
8. Request for transfer of detained persons to Mauritius
(1) Where a foreign State or an international criminal tribunal grants a request made by Mauritius under section 4(2)(l), the Central Authority may, by written notice addressed to the Commissioner of Prisons, authorise -
(a) the temporary detention in Mauritius, for such period as may be specified in the notice, of a person detained in a foreign State, or by an international criminal tribunal, who is to be transferred to Mauritius ; and
(b) the return in custody of the person to the foreign State, or international criminal tribunal, when his presence is no longer required.
(2) A person in respect of whom a notice is issued under subsection (1) shall, so long as the notice is in force -
(a) be permitted to enter and remain in Mauritius for the purposes of the request, and be required to leave Mauritius when no longer required for those purposes ; and
(b) while in custody in Mauritius for the purposes of the request, be deemed to be in lawful custody for the purposes of section 170 of the Criminal Code.
(3) The Central Authority may, at any time, vary a notice issued under subsection (1), and where the foreign State, or the international criminal tribunal, agrees to the release of the person from custody, either immediately or on a specified date, the Central Authority shall direct that the person be released from custody accordingly.
(4) Any person who escapes from lawful custody while in Mauritius pursuant to subsection (1) may be arrested without warrant and returned to the custody authorised under subsection (1)(a).
9. Safe conduct guarantee
(1) Subject to subsection (2), where a person, whether or not a detained person, is in Mauritius, pursuant to a request by the Central Authority under section 4(2)(l), to give evidence or to assist in any proceedings, the person shall not, while in Mauritius, be -
(a) detained, prosecuted, punished or subjected to any other restriction of personal liberty ; or
(b) subjected to civil process, in respect of any act or omission that occurred before the person’s departure from the foreign State, or international criminal tribunal, pursuant to the request.
(2) The person specified in subsection (1) shall not, without his consent, be required to give evidence in any proceedings other than those to which the request relates.
(3) Subsection (1) shall not apply to the person where he -
(a) leaves Mauritius and subsequently returns voluntarily to Mauritius ; and
(b) has had the opportunity to leave Mauritius but remains in Mauritius for more than 10 days after the Central Authority has notified him that he is no longer required for the purposes of the request.
10. Foreign request for consensual transfer of detained persons from Mauritius
(1) Where the Central Authority approves a request under section 5 to have a person, who is detained in custody in Mauritius by virtue of a sentence or order of a court, transferred to a foreign State or to an international criminal tribunal to give evidence, or otherwise assist in any proceedings, he may apply to a Judge in Chambers for a transfer order.
(2) The Judge in Chambers may make a transfer order under this section where he is satisfied, after having considered any document filed or information given in support of the application, that the detained person consents to the transfer.
(3) A transfer order made under subsection (2) shall-
(a) set out the name of the detained person and his current place of confinement ;
(b) order the person who has custody of the detained person to deliver him into the custody of a person designated in the order ;
(c) order the person receiving him into custody to take him to the foreign State, or to the international criminal tribunal, as the case may be, and, on return of the detained person to Mauritius, to return that person to a place of confinement in Mauritius specified in the order, unless the person is no longer required to be held in custody ;
(d) state the reasons for the transfer ; and
(e) fix the time within which the detained person has to be returned.
(4) The time spent in custody by a person pursuant to a transfer order shall count toward any sentence required to be served by that person, so long as the person remains in such custody and is of good behaviour.
11. Foreign request for restraining order
(1) Where-
(a) a foreign State or an international criminal tribunal requests the Central Authority to obtain the issue of a restraining order against the proceeds of crime which are believed to be located in Mauritius ; and
(b) proceedings relating to the proceeds of crime have commenced in the foreign State, or before the international criminal tribunal, and there are reasonable grounds to believe that the proceeds of the crime are located in Mauritius, the Central Authority may apply to a Judge in Chambers for a restraining order under this section.
(2) Where, upon an application made under subsection (1), the Judge in Chambers is satisfied that the proceeds of crime are located in Mauritius, he may make a restraining order in respect of the proceeds of the crime, on such conditions as he may deem fit to impose, including any condition as to payment of debts, sale, transfer or disposal of any property.
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.
13. Effect of registration of foreign confiscation order or foreign restraining order
(1) Subject to subsections (2) and (3), where an order has been registered under section 12 and the Supreme Court is notified that it has been established to the satisfaction of a foreign court or international tribunal that the property or any part thereof constitutes the proceeds of crime of a serious offence or of an international tribunal offence, order that the property be confiscated and be vested in the State until such arrangement is made under section 19 by the Central Authority with the foreign State.
(2) The Court may make an order under subsection (1) on such conditions as it may deem fit to impose, including any condition as to payment of debts, sale, transfer or disposal of any property.
(3) Any person who claims to have an interest in property subject to an order registered under section 12 shall, within 21 days from the last publication of the registration under section 12, apply to the Court for an order under subsection (4).
(4) Where the Court is satisfied that the applicant under subsection (3) -
(a) was not in any way involved in the commission of the offence in respect of which the confiscation or restraining order was sought ; and
(b) acquired the property without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time of acquisition tainted property,
the Court shall make an order declaring the nature of the interest of the applicant.
14. Cancellation of registration of foreign restraining order or foreign confiscation order
The Supreme Court shall, on application by the Central Authority, cancel the registration of -
(a) a foreign restraining order, if it appears to him that the order has ceased to have effect ;
(b) a foreign confiscation order, if it appears to him that the order has been satisfied, or has ceased to have effect.
15. Foreign request for the location of the proceeds of crime
(1) Where-
(a) a foreign State requests the Central Authority to assist in locating property believed to be the proceeds of a serious crime committed in that State ; or
(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 -
(i) that any information relevant to -
(A) identifying, locating or quantifying any property ; or
(B) identifying or locating any document necessary for the transfer of any property, belonging to, or in the possession or under the control of that person be delivered forthwith to the Central Authority ; or
(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 -
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(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.
16. Enforcement of request for the location of the proceeds of crime
A Judge in Chambers may, on good cause shown by the Central Authority that a person is failing to comply with, is delaying or is otherwise obstructing an order made in accordance with section 15, order the Central Authority, or an officer authorised by the Central Authority, to enter and search the premises specified in the order and remove any document, material or other thing therein for the purposes of executing such order.
Other forms of cooperation
Cooperation of State
National procedures for execution of requests for other forms of cooperation
EDIT.