Part VI – Enforcement of Penalties
Assistance with Enforcement of Victim Reparation Fines and Forfeiture Orders
66. 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 he or she 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 Uganda or that the person concerned, directly or indirectly, holds property in Uganda that may be the subject of the forfeiture order,
and shall refer the request to the Registrar for enforcement in accordance with this section.
(2) Upon receipt of a referral under subsection (1), the Registrar shall file the original or a certified copy of the forfeiture order of the ICC with the High Court and upon being filed, the order shall be entered as a judgment of that court.
(3) Upon the entry of the order, the High Court may direct the Registrar to do either or both of the following –
(a) give notice of the entry, in the manner and within the time the Court considers appropriate to such persons, other than a person convicted of an offence 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 entry in the manner and within the time the Court considers appropriate.
(4) A forfeiture order entered under subsection (2) shall have, from the date it is entered, the same effect and may be enforced as if it were an order for the forfeiture of property issued by the High Court.
(5) A forfeiture order entered under subsection (2) may not be enforced until the expiry of any period set by the Court in any notice given or published under subsection (3), or two months from the entry of the order, whichever is the longer period.
(6) If a forfeiture order is entered under subsection (2), a person, other than a person convicted of an offence in respect of which the order was made, who claims an interest in the property, may apply to the High Court, with notice to the Registrar.
(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 may not make an application under subsection (6) without leave of the Court.
(8) The High 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 set in a notice under subsection (3) or within two months of the entry of the order, whichever is the longer period, unless the Court grants leave.
(10) On application under subsection (6), the Court may make an order setting aside an entry in whole or in part if satisfied that –
(a) the applicant has an interest in the property;
(b) the applicant did not receive notice of the hearing before the ICC or through no fault of his or her own, did not appear;
(c) the applicant was not in any way involved in the commission of the offence 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) In the circumstances described in subsection (10(a), 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.
Enforcement of forfeiture orders
EDIT.