Drug Traffi cki ng Off ences (Enf orce ment of Over se as Conf i sc ati on 0 rders) Or de r

Summary

This is a revised (as at 1 January 2020) consolidation of the Drug Trafficking Offences (Enforcement of Overseas Confiscation Orders) Order, a Virgin Islands statutory instrument made under the Drug Trafficking Offences Act 1992. It sets out the legal mechanism by which the BVI High Court recognises and enforces external (overseas) confiscation orders relating to drug trafficking proceeds, and designates which countries and authorities can request such enforcement.

• Designation of requesting countries: Schedule 1 lists countries and territories whose confiscation orders can be enforced in the BVI, and the appropriate authority in each (many entries are left blank, meaning the court determines the appropriate authority case by case).
• Evidentiary rules: Orders, judgements, and certificates from courts or authorities in a requesting country are treated as authentic and admissible in BVI High Court proceedings without further proof, subject to certification requirements.
• Governor's role: The Governor may certify the appropriate authority of a requesting country where none is specified, and requests for assistance are channelled through the Governor to the Crown Prosecution Service or Commissioner of Customs.
• Satisfaction and currency conversion of orders: Amounts payable under a BVI confiscation order are reduced by property recovered abroad under a mutual request, with currency conversion calculated using exchange rates prevailing on the recovery or registration date; a bank officer's certificate as to the prevailing exchange rate is admissible as evidence.
• Modified application of the Act: Schedules 2 and 3 modify the Drug Trafficking Offences Act 1992 as it applies to external confiscation orders and related overseas proceedings, including how and when proceedings are deemed 'instituted' in each listed requesting country.

The Order is primarily a court and Governor-level enforcement mechanism rather than a compliance regime for financial institutions; it does not impose recurring filing or reporting obligations on licensees. Its main practical relevance for compliance officers is understanding how overseas drug trafficking confiscation orders can be recognised and enforced against assets in the Virgin Islands.

Key obligations

• A bank officer certifying the prevailing exchange rate on a specified date must provide a written certificate for use as evidence in confiscation order proceedings.
• The Governor must channel requests for assistance from a requesting country's appropriate authority to the Crown Prosecution Service or Commissioner of Customs for action in High Court proceedings.

Applies to

banks, High Court, Governor of the Virgin Islands, Crown Prosecution Service, Commissioner of Customs