juris

Section 57: Foreign request for the location of tainted property

Asset Recovery Act · PART VI: INTERNATIONAL CO-OPERATION

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, [Issue 5] A23A – 34 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.

Ask juris about this section Official source