Section 35: Registration of forfeiture order

35. Registration of forfeiture order (1) Where the Attorney-General receives a request for assistance in executing a forfeiture order in Mauritius made by the International Criminal Court, he shall ascertain that— (a) the order is final and not subject to review or appeal; (b) the person against whom the order was made had the opportunity of defending himself; (c) the order cannot be satisfied in full except by confiscating and realising property; (d) the order is enforceable by the International Criminal Court; (e) the person concerned holds property in Mauritius; and (f) the request is supported by— (i) a concise statement of the purpose of the request, including the legal basis and the ground for the request; (ii) as much information as possible about the location or identification of the property in question; (iii) a concise statement of the essential facts underlying the request; (iv) the reasons for and details of any procedure or requirement to be followed; and (v) any other information that is available and may be relevant in the circumstances. (2) On being satisfied that the requirements of subsection (1) have been complied with, the Attorney-General shall lodge with the Clerk of a Court in Mauritius having jurisdiction or the Master and Registrar, as the case may be, a certified copy of the forfeiture order. [Issue 4] I15B – 18 Revised Laws of Mauritius (3) The Clerk or the Master and Registrar of the Court registering a forfeiture order shall forthwith issue a notice in writing, addressed to the person against whom the order has been made, to the effect that— (a) the order has been registered at the Court concerned; and (b) the said person may, within the prescribed period and in the prescribed manner, apply to that Court for the setting aside of the registration of the order. (4) (a) Where the person against whom the forfeiture order has been made is present in Mauritius, the notice referred to in subsection (3) shall be served on the person in the prescribed manner. (b) Where the said person is not present in Mauritius, he shall be informed of the registration of the forfeiture order in such manner as the Court may determine.