Drug Trafficking (Bailiwick of Guernsey) (Designated Countries and Territories) Ordinance, 2000

Summary

This Ordinance, made under the Drug Trafficking (Bailiwick of Guernsey) Law, 2000, designates specific countries and territories for the purposes of recognising and enforcing external drug trafficking confiscation orders in Guernsey. It sets out evidentiary rules for proving foreign court orders, judgments and certificates, and modifies parts of the 2000 Law as they apply to proceedings involving designated countries.

• Designation: Schedule 1 lists designated countries and territories and their appropriate authorities for the purposes of sections 35 and 36 of the Drug Trafficking Law, 2000; from 28 July 2010 any country not already designated is automatically designated.
• Evidence rules: Foreign court orders, judgments and authenticated copies from designated countries are deemed valid evidence without further proof in Royal Court proceedings.
• Certificates: Certificates from a designated country's appropriate authority (on proceedings, confiscation orders, unpaid sums, notifications) are admissible as evidence of the facts stated.
• Satisfaction of orders: Where property is recovered abroad following a request by Her Majesty's Procureur, the Guernsey confiscation order is reduced by the value recovered, evidenced by a certificate from the designated country's authority.
• Currency conversion: Amounts in foreign currency are converted using the exchange rate prevailing on the date of recovery or registration, and a bank officer's written certificate of the rate is admissible evidence.
• Modifications: Schedule 2 modifies specific sections of the Drug Trafficking Law, 2000 as they apply to designated-country proceedings, and the Appendix sets out when 'proceedings are instituted' in each designated country for these purposes.

The Ordinance is primarily a mechanism for courts, Her Majesty's Procureur and banks assisting with currency certification, rather than a compliance obligation imposed on licensed financial services businesses generally. It came into force on 1 January 2001 and has been amended in 2002 and 2006 to update the list of designated countries.

Key obligations

• Her Majesty's Procureur must send a request to the appropriate authority of a designated country for assistance in enforcing a confiscation order before any reduction based on recovered property can apply
• A bank officer issuing a certificate as to a currency exchange rate must state the rate prevailing on the specified date for it to be admissible as evidence
• Certificates and authenticated documents relied upon in Royal Court proceedings involving designated countries must be certified by the specified officials or appropriate authority to be treated as duly authenticated

Applies to

Royal Court, Her Majesty's Procureur, banks in the Bailiwick, courts of designated countries

Deadlines

• 1st January, 2001: Commencement date of the Ordinance
• 28th July, 2010: From this date, any country or territory not already designated under section 35(1) of the Law (including any newly created country) is automatically designated
• 31st May, 2002: Effective date of insertions to Schedule 1 and the Appendix made by the 2002 Amendment Ordinance

Related documents

• This document is made under Drug Trafficking (Bailiwick of Guernsey) Law, 2000