Criminal Justice (International Co-operation) (Enforcement of Overseas Forfeiture Orders) Order (Revised Edition 2020)

Summary

This is a Virgin Islands statutory instrument under the Criminal Justice (International Co-operation) Act, revised as at 1 January 2020, that sets out the framework for the High Court to enforce overseas ('external') forfeiture orders and to make restraint orders over property connected with drug trafficking or other indictable offences at the request of foreign governments. It is procedural legislation directed mainly at the Attorney General, the High Court, receivers, police officers and the Commissioner of Customs, rather than a compliance rulebook for licensees.

• External forfeiture orders: Defines and allows recognition in the Virgin Islands of foreign court orders forfeiting property connected to drug trafficking or other qualifying offences.
• Restraint orders: Empowers the High Court to prohibit dealing with property liable to forfeiture while foreign proceedings are ongoing or anticipated, and to appoint a receiver over that property.
• Requests for assistance: Requires the Attorney General to comply with requests for assistance from the appropriate authority of a requesting country under the 1993 Act or this Order.
• Registration and disposal: Sets conditions for the High Court to register an external forfeiture order and to order forfeiture and disposal of the specified property, and for cancelling registration once satisfied.
• Evidence and proof provisions: Provides rules on proof of foreign orders/judgments, certificates from appropriate authorities, and evidence admissibility in High Court proceedings under this Order.
• Schedules: List requesting countries and their appropriate authorities for drug trafficking offences (Schedule 2) and other offences (Schedule 3), and the steps constituting institution of proceedings (Schedule 1).

The Order does not impose ongoing compliance obligations on financial institutions or other FSC-regulated entities as such; its obligations run to the Attorney General, the High Court, receivers, police officers and persons holding or dealing with property subject to a restraint or forfeiture order.

Key obligations

• The Attorney General must comply with a request for assistance from the appropriate authority of a requesting country relating to matters under the 1993 Act or this Order.
• A person subject to a restraint order must not deal with the specified property except as permitted by the order's conditions or exceptions.
• The High Court must discharge a restraint order made in anticipation of proceedings if those proceedings are not instituted within the time the court considers reasonable.
• An application for a restraint order must be supported by an affidavit stating the grounds for believing an external forfeiture order may be made, particulars of the property, and (where applicable) when proceedings are intended to be instituted.
• The High Court must give persons holding an interest in property a reasonable opportunity to make representations before ordering its forfeiture or disposal.
• The High Court must cancel registration of an external forfeiture order once it has been satisfied by forfeiture of the property or other means.
• Any person on whose application a receiver is appointed must pay the receiver's remuneration and expenses.
• A police officer may seize property specified in a restraint order to prevent its removal from the Territory, and must deal with seized property in accordance with the court's directions.

Applies to

High Court, Attorney General, receivers appointed by the court, police officers, Commissioner of Customs, persons holding or dealing with property subject to a restraint or forfeiture order (defendants)