Section 57: Foreign request for the location of tainted property
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
57. Foreign request for the location of tainted property
(1) Where a foreign State requests the Enforcement Authority to assist in
locating property believed to be proceeds, an instrumentality or terrorist
property, the Enforcement Authority may apply to a Judge for an order
that—
(a) any information relevant to—
(i) identifying, locating or quantifying any property; or
(ii) identifying or locating any document necessary for the
transfer of any property,
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Revised Laws of Mauritius
be delivered forthwith to the Enforcement Authority; or
(b) a financial institution forthwith produces to the Enforcement
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, section 64
of the Banking Act and section 83 of the Financial Services Act, a Judge
may grant an order under subsection (1) on being satisfied that—
(a) the document is material and necessary to the proceedings in
the foreign State; 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.
(3) A Judge may, on good cause shown by the Enforcement Authority
that a person is failing to comply with, is delaying or is otherwise obstructing
an order made in accordance with subsection (1), order a law enforcement
agent to enter and search the premises specified in the order and remove any
document, material or other thing therein for the purpose of executing such
order.