QU OF NT AT A FE RU

BERMUDA

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998BR 1 / 1999

ORDER 1998of the court in question or by or on behalf of the appropriate authority of the designated

country.

5. Evidence in relation to proceedings and orders in a designated country

(1) For the purposes of sections 53 and 54 of the Act, and of the other relevant provisions of the Act as applied under article 3(2), a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country, stating—

(a) that proceedings have been instituted there and have not been concluded, or that proceedings are to be instituted there;

(b) in a case to which section 8 of the Act (institution of proceedings), as modified by Schedule 2, applies, that the defendant has been notified as specified in that paragraph;

(c) that an external confiscation order is in force and is not subject to appeal;

(d) that all or a certain amount of the sum payable under an external confiscation order remains unpaid in the designated country, or that other property recoverable under an external confiscation order remains unrecovered there;

(e) that any person has been notified of any proceedings in accordance with the law of the designated country; or

(f) that an order (however described) made or to be made by a court of the designated country has the purpose, or, as the case may be, will have the purpose, of recovering payments or other rewards received in connection with drug trafficking or relevant offences or their value; shall, in any proceedings in the Supreme Court, be admissible as evidence of the facts so stated.

(2) In any such proceedings a statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court in a designated country, shall be admissible as evidence of any fact stated therein.

(3) A document is duly authenticated for the purposes of paragraph (2) if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in a designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.

(4) Nothing in this article shall prejudice the admission of any evidence, whether contained in any document or otherwise, which is admissible apart from this article.

Certificate as to appropriate authority of a designated country

6 Where in relation to any designated country no authority is specified in Schedule 1, a certificate made by the Attorney-General to the effect that the authority specified

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998therein is the appropriate authority for the purposes of sections 53 and 54 of the Act, and

of the other relevant provisions of the Act as applied by article 3(2) of this Order shall be sufficient evidence of that fact.

7. Representation of government of a designated country

(1) Where the Attorney-General receives a written request from the appropriate authority of a designated country to register an external confiscation order under section

54 of the Act, and that request is accompanied—

(a) by two copies of the external confiscation order with a translation into English where necessary; and

(b) by a certificate issued by or on behalf of the appropriate authority stating—

(i) that the order is in force and not subject to appeal; and

(ii) where the person affected by the order did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them, the Attorney-General, if he is of the opinion that enforcing the order in Bermuda would not be contrary to the interests of justice, shall lodge a copy of the request, the order and the certificate with the Registrar of the Supreme Court for registration in accordance with section 54 of the Act.

(2) A written request for assistance sent to the Attorney-General by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of that country for the Attorney-General to act on its behalf in any proceedings in the Supreme Court under section 54 of the Act or any other provision of the Act as applied by article 3(2).

(3) In paragraph (1)(b)(i), “appeal” includes—

(a) any proceedings by way of discharging or setting aside a judgment; and

(b) an application for a new trial or a stay of execution.

8. Satisfaction of confiscation order in a designated country

(1) Where—

(a) a confiscation order has been made under section 9 or 10 of the Act; and

(b) a request has been sent by the Attorney-General to the appropriate authority of a designated country for assistance in enforcing that order; and

(c) in execution of that request property is recovered in that country, the amount payable under the confiscation order shall be treated as reduced by the value of the property so recovered.

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(2) For the purposes of this article, and without prejudice to the admissibility of

any evidence which may be admissible apart from this article, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating—

(a) that property has been recovered there in execution of a request by the Attorney-General;

(b) the value of the property so recovered; and

(c) the date on which it was recovered, shall, in any proceedings in a court in Bermuda, be admissible as evidence of the facts so stated.

9. Currency conversion

(1) Where the value of property recovered as described in article 8(1) is expressed in a currency other than that of Bermuda, the extent to which the amount payable under the confiscation order is to be reduced under that article shall be calculated on the basis of the exchange rate prevailing on the date on which the property was recovered in the designated country concerned.

(2) Where an amount of money payable or remaining to be paid under an external confiscation order registered in the Supreme Court under section 54 of the Act, is expressed in a currency other than that of Bermuda, for the purpose of any action taken in relation to that order under the Act as applied under article 3(2), the amount shall be converted into the currency of Bermuda on the basis of the exchange rate prevailing on the date of registration of the order.

(3) For the purposes of this article, a written certificate purporting to be signed by any person acting in his capacity as an officer of any bank in Bermuda and stating the exchange rate prevailing on a specified date shall be admissible as evidence of the facts so stated.

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998SCHEDULE 1

(article 3(1)) APPROPRIATE AUTHORITY OF DESIGNATED COUNTRY

Designated country Appropriate authority Afghanistan Algeria Angola, The Republic of The Attorney General Anguilla The Attorney General of Anguilla Antigua & Barbuda The Attorney General Argentina The Ministry of Foreign Affairs Armenia Australia The Attorney-General’s Department Austria Azerbaijan Bahamas The Attorney General of the Bahamas Bahrain The Ministry of the Interior Bangladesh Barbados The Attorney General Belarus Belgium Belize Benin Bhutan Bolivia Secretaria Nacional de Defensa Social del Ministerio de Gobierno Bosnia & Herzegovina Botswana Brazil British Virgin Islands The Attorney General of the British Virgin Islands Brunei Darussalam Bulgaria Burkina Faso Burundi Cameroon Canada The Minister of Justice or officials designated by that Minister Cape Verde Cayman Islands The Attorney General of the Cayman Islands Chad Chile Ministerio del Interior China

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998Colombia The Fiscalia General de la Nacion and the Ministerio de

Justicia del Derecho Costa Rica Cote d’Ivoire Croatia Cuba Cyprus Czech Republic Denmark Dominica Dominican Republic Eduador Consejo Nacional del Control de Sustancias Estupefacientes y Psicotropicas (CONSEP) Egypt El Salvador Ethiopia Fiji Finland France Gambia Germany Ghana Gibraltar The Attorney General of Gibraltar Greece Grenada The Ministry of External Affairs Guatemala Guernsey Her Majesty’s Attorney General for the Bailiwick of Guernsey Guinea Guinea-Bissau Guyana The Permanent Secretary, Ministry of Home Affairs Haiti Honduras Hong Kong The Attorney General of Hong Kong Hungary India The Ministry of Home Affairs Iran Ireland Isle of Man Her Majesty’s Attorney General for the Isle of Man Italy The Ministry of Justice Jamaica Japan Jersey Her Majesty’s Attorney General for the Bailiwick of Jersey Jordan

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998Kazakhstan

Kenya Kyrgyzstan Latvia Lesotho Lithuania Luxembourg Macedonia, Former Yugoslav Republic of Madagascar Malawi Malaysia The Inspector General of Police, Malaysia Mali Malta Mauritania Moldova Monaco Montserrat The Attorney General of Montserrat Morocco Myanmar Nepal Netherlands Afdeling Internationale Rechtshulp Nicaragua Niger Nigeria The Attorney General of the Federation of the Republic of Nigeria Norway Oman Pakistan Panama The Ministry of Government and Justice Paraguay National Anti-Drugs Secretariat of the Presidency of the Republic (SENAD) Peru Philippines, Republic of the The Department of Justice Poland Portugal Qatar Romania The Ministry of the Interior and the Ministry of Justice The Russian Federation Saint Kitts & Nevis Saint Lucia Saint Vincent & the Grenadines Sao Tome & Principe Saudi Arabia The Ministry of the Interior Senegal

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998Seychelles

Sierra Leone Slovakia Slovenia South Africa The Department of Foreign Affairs Spain The Ministerio de Justicia, Madrid Sri Lanka Sudan Suriname Swaziland Sweden The Ministry for Foreign Affairs Switzerland Office fédéral de la police Syrian Arab Republic Tajikistan Thailand The Attorney General or a person designated by him Togo Tonga Trinidad & Tobago Tunisia Turkey Turkmenistan Turks & Caicos Islands Uganda Ukraine The Office of the General Prosecutor and the Ministry of Justice United Arab Emirates United Kingdom The Attorney General United Mexican States The Office of the Attorney General United Republic of Tanzania United States of America The Attorney General of the United States of America Uruguay The Ministry of Education and Culture Uzbekistan Venezuela Yemen Yugoslavia, The Federal Republic of Zambia Zimbabwe [Schedule 1 amended by BR 78 / 2014 para. 3 effective 19 September 2014; Schedule 1 amended by BR

60 / 2021 para. 2 effective 26 April 2021]

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998SCHEDULE 2

(article 3(2))

MODIFICATIONS OF THE PROCEEDS OF CRIME ACT 1997

1 Sections 1 and 2 of the Act shall be omitted.

2 Before section 3 there shall be inserted—

2A. “External confiscation orders

(1) An order made by a court in a designated country for the purpose—

(a) of recovering property, or the value of such property, obtained as a result of or in connection with—

(i) drug trafficking, or

(ii) a relevant offence; or

(b) of depriving a person of a pecuniary advantage so obtained, is referred to in this Act as an “external confiscation order”.

(2) In subsection (1) above the reference to an order includes any order, decree, direction or judgment, or any part thereof, however described.”

3 In section 3, for the definition of “relevant offence” there shall be substituted—

“ “relevant offence” means an offence which would, if committed in Bermuda, be triable on indictment”.

4.

(1) In section 4(3), for paragraphs (a) and (b) there shall be substituted—

“(a) in relation to an external confiscation order made in respect of specified property, the property which is specified in the order; and

(b) in any other case—

(i) any property held by the defendant; and

(ii) any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Act.”

(2) Subsections (4) to (6) of section 4 shall be omitted.

5 In section 6(1) for the words “commencement of this Act” there shall be substituted

“commencement of the Proceeds of Crime (Designated Countries and Territories) Order 1998".

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998

6.

(1) In section 7—

(a) for the definition of “defendant” there shall be substituted—

“ “defendant” means a person against whom an external confiscation order has been made, or a person against whom proceedings which may result in an external confiscation order being made have been or are to be, instituted in a court in a designated country.”; and

(b) at the end of the definition of “the court” there shall be added “or, as the case may be, a court of a designated country;”.

(2) In section 7, the definitions of “Bermuda Monetary Authority”, “confiscation order”, “items subject to legal privilege”, “material” and “money laundering” shall be omitted.

7 For section 8 there shall be substituted—

“(1) Proceedings are instituted in a designated country when—

(a) under the law of the designated country concerned one of the steps specified in relation to that country in column 2 of the Appendix hereto has been taken there in respect of alleged drug trafficking by the defendant; or

(b) where no steps have been specified in relation thereto as mentioned in paragraph (a) above, the defendant has been notified in writing in accordance with the laws of the designated country that the competent authorities of that country have begun proceedings against him in respect of alleged drug trafficking; or

(c) an application has been made to a court in a designated country for an external confiscation order, and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

(2) Proceedings for an offence are concluded—

(a) when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an external confiscation order being made in the proceedings;

(b) on the satisfaction of an external confiscation order made in the proceedings, whether by the recovery of all property liable to be recovered or the payment of any amount due.

(3) An external confiscation order is satisfied when no property remains liable to be recovered under it or no amount is due under it.

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(4) An external confiscation order is subject to appeal until (disregarding

any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.”

9. 8 Sections 9 to 26 shall be omitted.

(1) In section 27 (1)—

(a) for paragraph (a) there shall be substituted—

“(a) proceedings have been instituted against the defendant in a designated country for a drug trafficking or relevant offence;”;

(b) in paragraph (b) the words “or the application has not” shall be omitted; and

(c) for paragraph (c) there shall be substituted—

“(c) either an external confiscation order has been made in the proceedings or it appears to the Supreme Court that there are reasonable grounds for believing that such an order may be made in them.”

(2) Section 27(2) shall be omitted.

(3) For section 27(3) there shall be substituted—

“(3) The powers mentioned in subsection (1) above are also exercisable where it appears to the Supreme Court that proceedings are to be instituted against the defendant in a designated country and that there are reasonable grounds for believing that an external confiscation order may be made in them.”

(4) Section 27(4) shall be omitted.

(5) In section 27(5), for the words “proceedings in respect of the offence are not instituted or if the application is not made”, there shall be substituted “those proceedings are not instituted”.

10.

(1) In section 28(2), for paragraphs (a) and (b) there shall be substituted—

“(a) where an application under subsection (4) relates to an external confiscation order made in respect of specified property, to property which is specified in that order, and

(b) in any other case—

(i) to all realisable property held by a specified person, whether the property is described in the restraint order or not; and

(ii) to realisable property held by a specified person, being property transferred to him after the making of the restraint order.”

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(2) In section 28(3), the words “or under section 19 of the Drug Trafficking

Suppression Act 1988" shall be omitted.

(3) For section 28(5)(b) there shall be substituted—

“(b) shall be discharged when the proceedings in relation to which the order was made are concluded”.

11 For section 29(2) there shall be substituted—

“(2) The court may make a charging order on realisable property for securing the payment—

(a) where a fixed amount is payable under an external confiscation order, of an amount not exceeding the amount so payable; and

(b) in any other case, of an amount equal to the value from time to time of the property charged.”

12 After section 30 there shall be inserted—

“Applications for restraint and charging orders

30A An application under section 28(4) or 29(3) shall be supported by an affidavit which shall—

(a) state, where applicable, the grounds for believing that an external confiscation order has been or may be made in the proceedings instituted or to be instituted in the designated country concerned;

(b) to the best of the deponent’s ability, give particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property;

(c) in a case to which section 27(3) of this Act applies, indicate when it is intended that proceedings should be instituted in the designated country concerned, and the affidavit may contain statements of information or belief with the sources and grounds thereof.”

13.

(1) For section 31(1) there shall be substituted—

“(1) Where an external confiscation order has been registered in the Supreme Court under section 54 of this Act, the Supreme Court may, on the application of the Attorney-General, exercise the powers conferred by subsections

(1A) to (6).

(1A) In respect of any sum of money payable under the external confiscation order the court may make a garnishee order as if the sum were due to the Crown

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998in pursuance of a judgment or order of the Supreme Court, but any such order

shall direct that the sum payable be paid to the Supreme Court.”

(2) Section 31(7) shall be omitted.

14.

(1) In section 32(1), for the words “be applied on the defendant’s behalf towards the satisfaction of the confiscation order” there shall be substituted “be paid to the Supreme Court and applied towards the satisfaction of the external confiscation order”.

(2) In section 32(2), for the words “If, after the amount payable under the confiscation order”, there shall be substituted “Where a fixed amount is payable under the external confiscation order and, after that amount”.

15.

(1) In section 33(2), for the words “making available” to the end of the subsection there shall be substituted “recovering property which is liable to be recovered under an external confiscation order registered in the Court under section 54 of this Act or, as the case may be, with a view to making available for recovery property which may become liable to be recovered under any external confiscation order which may be made in the defendant’s case”.

(2) In section 33(5), for “confiscation order” there shall be substituted “external confiscation order”.

16 In section 34(2), for the words “out of the Consolidated Fund” there shall be substituted “by the person on whose application the receiver was appointed”.

17 In section 35(6)—

(a) sub-paragraphs (i) and (ii) of paragraph (a) shall be omitted; and

(b) in sub-paragraph (b), for the words “conclusion of the proceedings or of the application” there shall be substituted “discharge of the restraint or charging order”.

18.

(1) Sections 37 to 39 shall apply subject to the provisions of section 6 or 6A (as the case may be) of the Criminal Justice (International Co-operation) (Bermuda) Act 1994 (Bermudian evidence for use overseas), as modified by section 37(12) of the Act, having been complied with.

(2) Sections 40 to 53 shall be omitted.

19 In section 54(3), after the word “satisfied” there shall be inserted “by the recovery of all property liable to be recovered under it or”.

19A For section 58 there shall be substituted—

58. “Duty of confidentiality: police officers

(1) Except for the purpose of the performance of his duties or the exercise of his functions or when lawfully required to do so by any court or under the

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998provisions of any enactment, no police officer shall disclose any information or

matter, including any information or matter concerning an external confiscation order, which has been obtained by him in the performance of his duties or the exercise of his functions under this Act without the consent of the person to whom it relates (and if different) the person from whom it was received as aforesaid.

(2) A police officer who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine of $50,000 or to imprisonment for two years or to both.”

19AA After section 58 there shall be inserted—

58A. “Duty of confidentiality: persons other than police officers

(1) Except as provided in this section, no person who under or for the purposes of this Act receives from any person any information or matter, including any information or matter concerning—

(a) a request for assistance;

(b) the compliance with any such request;

(c) an external confiscation order, shall disclose such information or matter without the consent of the person to whom it relates (and if different) the person from whom it was received as aforesaid.

(2) This section does not apply to a person who discloses information necessary to give effect to a request for assistance or when lawfully required to do so by any court or under the provisions of any enactment, or to information which at the time of the disclosure has already been made available to the public from other sources, or to information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.

(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine of $50,000 or to imprisonment for two years or to both.”

20 Sections 59 to 61 shall be omitted.

21 For the definitions in section 64 there shall be substituted the following—

“charging order section 29 conclusion of proceedings in a designated country section 8(2) defendant section 7 drug trafficking section 3 external confiscation order section 2A gift caught by this Act section 6

“held” in relation to property section 4(2) institution of proceedings in a designated country section 8(1)

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998“interest”, in relation to property section 4(1)

police officer section 57 property section 4(1) realisable property section 4(1) and (2) restraint order section 28

“satisfied”, in relation to an external confiscation section 8(3) order

“subject to appeal”, in relation to an external section 8(4) confiscation order

“transferred”, in relation to property section 4(2) value of gift, payment or reward section 5(2) value of property section 5(1).”

22 Section 65, 67 to 69 and the Schedule shall be omitted.

23 After section 66 there shall be inserted the Appendix set out at the end of Schedule

3 to this Order. [Schedule 2 amended by BR 78 / 2014 para. 4 effective 19 September 2014; Schedule 2 amended by

2018 : 51 s. 5 effective 10 August 2018]

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998SCHEDULE 3

(article 3(3))

THE PROCEEDS OF CRIME ACT 1997 AS MODIFIED

INTERPRETATION

2A. External confiscation orders

(1) An order made by a court in a designated country for the purpose—

(a) of recovering property, or the value of such property, obtained as a result of or in connection with—

(i) drug trafficking, or

(ii) a relevant offence; or

(b) of depriving a person of a pecuniary advantage so obtained, is referred to in this Act as an “external confiscation order”.

(2) In subsection (1) the reference to an order includes any order, decree, direction or judgment, or any part thereof, however described.

Meaning of “drug trafficking”, “relevant offence”, “criminal conduct”

3 In this Act—

“criminal conduct” means—

(a) drug trafficking, or

(b) any relevant offence;

“drug trafficking offence” means an offence—

(a) under section 4, 5, 6(3), 7 or 11 of the Misuse of Drugs Act 1972 (importation, production, possession with intent to supply or handling of controlled drugs and cultivation of cannabis);

(b) under section 12 or 17 of the Criminal Justice (International Co-operation) (Bermuda) Act 1994 (manufacture and supply of scheduled substances and using ship for illicit traffic); or

(c) under section 43, 44 or 45 of this Act (money laundering) which relates to the proceeds of drug trafficking; or an offence under section 32, 33, 230 or 231 of the Criminal Code Act 1907 (attempt, incitement, conspiracy etc) deriving from such an offence;

“drug trafficking” means doing or being concerned in, whether in Bermuda or elsewhere, any act constituting—

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(a) a drug trafficking offence, or

(b) an offence punishable under a corresponding law, and includes entering into or being otherwise concerned in, whether in Bermuda or elsewhere, a drug trafficking arrangement;

“drug trafficking arrangement” means an arrangement whereby—

(a) the retention or control by or on behalf of another person of that other person’s proceeds of drug trafficking is facilitated; or

(b) the proceeds of drug trafficking by another person are used to secure that funds are placed at that other person’s disposal or are used for that other person’s benefit to acquire property by way of investment;

“relevant offence” means an offence which would, if committed in Bermuda, be triable on indictment.

4. Meaning of “property”, “realisable property” etc

(1) In this Act—

“property” means money and all other property, movable or immovable, including things in action and other intangible or incorporeal property; and

“interest”, in relation to property, includes right.

(2) For the purposes of this Act—

(a) property is held by any person if he holds any interest in it;

(b) references to property held by a person include a reference to property vested in his trustee in bankruptcy or liquidator;

(c) references to an interest held in property by a person beneficially include a reference to an interest which would be held by him beneficially if the property were not so vested in his trustee in bankruptcy or liquidator; and

(d) property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.

(3) In this Act, “realisable property” means—

(a) in relation to an external confiscation order made in respect of specified property, the property which is specified in the order; and

(b) in any other case—

(i) any property held by the defendant; and

(ii) any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Act.

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998Value of property

5.

(1) Subject to the following subsections and section 6, for the purposes of this Act, the value of property (other than cash) in relation to any person holding the property shall be its market value, except that where any other person holds an interest in the property, the value shall be—

(a) the market value of the first-mentioned person’s beneficial interest in the property, less

(b) the amount required to discharge any incumbrance (other than a charging order) on that interest.

(2) Subject to section 6(3), references in this Act to the value at any time (referred to in subsection (3) as the “material time”) of a gift caught by this Act are references to—

(a) the value of the gift to the recipient when he received it adjusted to take account of subsequent changes in the value of money; or

(b) where subsection (3) applies, the value mentioned therein, whichever is the greater.

(3) Subject to section 6(3), if at the material time the recipient holds—

(a) the property which he received (not being cash); or

(b) property which, in whole or in part, directly or indirectly represents in his hands the property which he received, the value referred to in subsection (2)(b) shall be the value to him at the material time of the property mentioned in paragraph (a) or as the case may be, of the property mentioned in paragraph (b) so far as it so represents the property which he received, but disregarding in either case any charging order.

6. Gifts caught by this Act

(1) In relation to a drug trafficking offence, a gift (including a gift made before the commencement of the Proceeds of Crime (Designated Countries and Territories) Order 1998) is caught by this Act if—

(a) it was made by the defendant at any time since the beginning of the period of six years ending—

(i) when the proceedings for the drug trafficking offence were instituted against him, or

(ii) where no such proceedings have been instituted, when an application for a charging or restraint order is made under section 28 or 29; or

(b) it was made by the defendant at any time and was a gift of property—

(i) received by the defendant in connection with drug trafficking carried on by him or another person, or

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(ii) which in whole or in part directly or indirectly represented in the

defendant’s hands property received by him in that connection.

(2) In relation to a relevant offence, a gift (including a gift made before the commencement of this Act) is caught by this Act if—

(a) it was made by the defendant at any time since the commission of the relevant offence, or, if more than one, the earliest of the offences to which the proceedings relate (including any offence which the court takes into consideration in determining his sentence); and

(b) the court considers it appropriate in all the circumstances to take the gift into account.

(3) For the purposes of this Act—

(a) the circumstances in which the defendant is to be treated as making a gift include those where he transfers property to another person, directly or indirectly, for a consideration the value of which is significantly less than the value of the consideration provided by the defendant; and

(b) in those circumstances, this section and section 5 shall apply as if the defendant had made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values referred to in paragraph (a) bears to the value of the consideration provided by the defendant.

Other definitions

7 In this Act—

“the court” means the Supreme Court or, as the case may be, a court of a designated country;

“defendant” means a person against whom an external confiscation order has been made, or a person against whom proceedings which may result in an external confiscation order being made have been or are to be, instituted in a court in a designated country;

“prescribe” means prescribe by regulations made under section 65.

8. Institution and conclusion of proceedings

(1) Proceedings are instituted in a designated country when—

(a) under the law of the designated country concerned one of the steps specified in relation to that country in column 2 of the Appendix hereto has been taken there in respect of alleged drug trafficking or the commission of a relevant offence by the defendant; or

(b) where no steps have been specified in relation thereto as mentioned in paragraph (a) above, the defendant has been notified in writing in accordance with the laws of the designated country that the competent

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998authorities of that country have begun proceedings against him in respect

of alleged drug trafficking or a relevant offence; or

(c) an application has been made to a court in a designated country for an external confiscation order, and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

(2) Proceedings for an offence are concluded—

(a) when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an external confiscation order being made in the proceedings;

(b) on the satisfaction of an external confiscation order made in the proceedings, whether by the recovery of all property liable to be recovered; or the payment of any amount due.

(3) An external confiscation order is satisfied when no property remains liable to be recovered under it or no amount is due under it.

(4) An external confiscation order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside. RESTRAINT AND CHARGING ORDERS

27. Cases in which restraint and charging orders may be made

(1) The powers conferred on the Supreme Court by section 28 to make a restraint order and by section 29 to make a charging order are exercisable where—

(a) proceedings have been instituted against the defendant in a designated country for a drug trafficking or relevant offence;

(b) the proceedings have not been concluded;

(c) either an external confiscation order has been made in the proceedings or it appears to the Supreme Court that there are reasonable grounds for believing that such an order may be made in them.

(3) The powers mentioned in subsection (1) are also exercisable where it appears to the Supreme Court that proceedings are to be instituted against the defendant in a designated country and that there are reasonable grounds for believing that an external confiscation order may be made in them.

(5) Where the court has made a restraint or charging order by virtue of subsection

(3), the court shall discharge the order if the those proceedings are not instituted within such time as the court considers reasonable.

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998Restraint orders

28.

(1) The court may make a restraint order to prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order.

(2) A restraint order may apply—

(a) where an application under subsection (4) relates to an external confiscation order made in respect of specified property, to property which is specified in that order, and

(b) in any other case—

(i) to all realisable property held by a specified person, whether the property is described in the restraint order or not; and

(ii) to realisable property held by a specified person, being property transferred to him after the making of the restraint order.

(3) This section shall not have effect in relation to any property for the time being subject to a charge under section 29 of this Act.

(4) A restraint order—

(a) may be made only on an application by the Attorney-General; and

(b) may be made on an ex parte application to a Judge in chambers; and

(c) shall provide for notice to be given to persons affected by the order.

(5) A restraint order—

(a) may, on the application of any person affected by the order, be discharged or varied in relation to any property; and

(b) shall be discharged when the proceedings in relation to which the order was made are concluded.

(6) Where the court has made a restraint order, the court—

(a) may at any time appoint a receiver—

(i) to take possession of any realisable property; and

(ii) in accordance with the directions of the court, to manage or otherwise deal with any property in respect of which he is appointed, subject to such exceptions and conditions as may be specified by the court; and

(b) may require any person having possession of property in respect of which the receiver is appointed under this section to give possession of it to the receiver.

(7) For the purposes of this section, dealing with property held by any person includes (without prejudice to the generality of the expression)—

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(a) where a debt is owed to that person, making a payment to any person in

reduction of the amount of the debt; and

(b) removing the property from Bermuda.

(8) Where the court has made a restraint order, a police officer may seize any realisable property for the purpose of preventing its removal from Bermuda; and property so seized shall be dealt with in accordance with the directions of the court.

29. Charging orders

(1) For the purposes of this Act, a charging order is an order made under this section imposing on any such realisable property as may be specified in the order a charge for securing the payment of money to the Crown.

(2) The court may make a charging order on realisable property for securing the payment—

(a) where a fixed amount is payable under an external confiscation order, of an amount not exceeding the amount so payable; and

(b) in any other case, of an amount equal to the value from time to time of the property charged.

(3) A charging order—

(a) may be made only on an application by the Attorney-General; and

(b) may be made on an ex parte application to a Judge in chambers.

(4) Subject to subsection (6), a charge may be imposed by a charging order only on—

(a) any interest in realisable property, which is an interest held beneficially by the defendant or by a person to whom the defendant has directly or indirectly made a gift caught by this Act—

(i) in any chargeable asset; or

(ii) under any trust; or

(b) any interest in realisable property held by a person as trustee of a trust if the interest is in a chargeable asset or is an interest under another trust and a charge may, by virtue of paragraph (a), be imposed by a charging order on the whole beneficial interest under the first-mentioned trust.

(5) In this section—

(a) “chargeable asset” means any of the following—

(i) any land in Bermuda;

(ii) any relevant securities;

(iii) any motor vehicle;

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(iv) any vessel;

(v) any aircraft;

(vi) any other type of asset which the Minister of Finance may prescribe for the purposes of this section; and

(b) “relevant securities” means any of the following—

(i) securities of the government or of any public authority;

(ii) stock of any body incorporated in Bermuda;

(iii) stock of any body incorporated outside Bermuda or of any country or territory outside Bermuda, being stock registered in a register kept at any place within Bermuda;

(iv) options in relation to stock described in sub-paragraphs (ii) or (iii);

(v) units of any unit trust in respect of which a register of the unit holders is kept at any place in Bermuda.

(6) In any case where a charge is imposed by a charging order on any interest in any relevant securities, the court may provide for the charge to extend to any interest or dividend payable in respect of them.

(7) Where the court has made a charging order, the court may give such directions to such person as the court thinks fit to safeguard the assets under the charging order.

(8) The court—

(a) may, on the application of any person affected by the charging order, make an order discharging or varying it; and

(b) shall make an order discharging the charging order if the proceedings for the offence are concluded or on payment into court of the amount which is secured by the charge.

30. Charging orders: supplementary

(1) A charging order may be made either absolutely or subject to conditions including in particular conditions—

(a) as to notifying any person holding any interest in the property to which the order relates; or

(b) as to the time when the charge is to become enforceable.

(2) Notice of any charging order shall be deposited in the office of the Registrar- General for recording and registration in accordance with section 3 of the Registrar-General (Recording of Documents) Act 1955 or, if it relates to land, the Land Title Registry Office for recording and registration in accordance with section 3 of the Land Title Registrar (Recording of Documents) Act 2017.

(3) Subject to any provision made under section 31, a charge imposed by a charging order shall have the like effect and shall be enforceable in the same manner as an

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998equitable charge created by the person holding the beneficial interest or, as the case may

be, the trustees by writing under their hand.

Applications for restraint and charging orders

30A An application under section 28(4) or 29(3) of this Act shall be supported by an affidavit which shall—

(a) state, where applicable, the grounds for believing that an external confiscation order has been or may be made in the proceedings instituted or to be instituted in the designated country concerned;

(b) to the best of the deponent’s ability, give particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property;

(c) in a case to which section 27(3) of this Act applies, indicate when it is intended that proceedings should be instituted in the designated country concerned, and the affidavit may contain statements of information or belief with the sources and grounds thereof. REALISATION OF PROPERTY

31. Realisation of property

(1) Where an external confiscation order has been registered in the Supreme Court under section 54 of this Act, the Supreme Court may, on the application of the Attorney- General, exercise the powers conferred by subsections (1A) to (6) below.

(1A) In respect of any sum of money payable under the external confiscation order the court may make a garnishee order as if the sum were due to the Crown in pursuance of a judgment or order of the Supreme Court, but any such order shall direct that the sum payable be paid to the Supreme Court.

(2) The court may appoint a receiver in respect of realisable property.

(3) The court may empower the receiver appointed under this section or section

28 or in pursuance of a charging order—

(a) to enforce any charge imposed under section 29 on realisable property or on interest or dividends payable in respect of such property; and

(b) in relation to any realisable property other than property for the time being subject to a charge under section 29, to take possession of the property subject to such conditions or exceptions as may be specified by the court.

(4) The court may order any person having possession of realisable property to give possession of it to the receiver.

(5) The court may empower the receiver to realise any realisable property in such manner as the court may direct.

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(6) The court—

(a) may order any person holding an interest in realisable property to make such payment to the receiver in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of a gift caught by this Act as the court may direct; and

(b) may, on the payment being made, by order transfer, grant or extinguish any interest in the property.

(8) The court shall not in respect of any property exercise the powers conferred by subsection (3)(a), (5) or (6) unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court.

32. Application of proceeds of realisation etc

(1) The following sums in the hands of the receiver pursuant to section 28 or 31 or in pursuance of a charging order—

(a) the proceeds of the enforcement of any charge imposed under section 29;

(b) the proceeds of the realisation, other than by the enforcement of such a charge, of any property under section 28 or 31; and

(c) any other sums, being property held by the defendant, shall, after such payments (if any) as the court may direct have been made out of those sums, be paid to the Supreme Court and applied towards the satisfaction of the external confiscation order.

(2) Where a fixed amount is payable under the external confiscation order and, after that amount has been fully paid, any such sums remain in the hands of the receiver, he shall distribute those sums—

(a) among such of those who held property which has been realised under this Act; and

(b) in such proportions, as the court may direct after giving a reasonable opportunity for such persons to make representations to the court.

33. Exercise of powers for the realisation of property

(1) This section shall apply to the powers conferred on the court by sections 28 to

32 or on the receiver pursuant to section 28 or 31 or in pursuance of a charging order.

(2) Subject to subsections (3) to (6), the powers shall be exercised with a view to recovering property which is liable to be recovered under an external confiscation order registered in the Court under section 54 of this Act or, as the case may be, with a view to making available for recovery property which may become liable to be recovered under any external confiscation order which may be made in the defendant’s case.

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(3) In the case of realisable property held by a person to whom the defendant has,

directly or indirectly, made a gift caught by this Act, the powers shall be exercised with a view to realising no more than the value for the time being of the gift.

(4) The powers shall be exercised with a view to allowing any person other than the defendant or the recipient of any such gift to retain or recover the value of any property held by him.

(5) In exercising those powers, no account shall be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the external confiscation order.

(6) An order may be made or other action taken in respect of a debt owed by the Crown.

34. Receivers: supplementary

(1) Where a receiver appointed under section 28 or 31 or in pursuance of a charging order—

(a) takes any action in relation to property which is not realisable property, being action which he would be entitled to take if it were such property, and

(b) believes and has reasonable grounds for believing, that he is entitled to take that action in relation to that property, he shall not be liable to any person in respect of any loss or damage resulting from his action, except in so far as the loss or damage is caused by his negligence.

(2) Any amount due in respect of the remuneration and expenses of a receiver so appointed shall be paid by the person on whose application the receiver was appointed. INSOLVENCY

35. Bankruptcy of defendant

(1) Where a person who holds realisable property is adjudged bankrupt—

(a) property for the time being subject to a restraint order made before the order adjudging him bankrupt; and

(b) any proceeds of property realised by virtue of section 28(6) or 31(5) or (6) for the time being in the hands of a receiver appointed under section 28 or 31, shall be excluded from the bankrupt’s estate for the purposes of the Bankruptcy Act 1989 (“the 1989 Act”).

(2) Where a person has been adjudged bankrupt, the powers conferred on the court by sections 28 to 32 or on a receiver shall not be exercised in relation to property for the time being comprised in the property of the bankrupt for the purposes of the 1989 Act.

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(3) Nothing in the 1989 Act shall be taken as restricting, or enabling the restriction

of, the exercise of those powers referred to in subsection (2).

(4) Subsection (2) shall not affect the enforcement of a charging order—

(a) made before the order adjudging the person bankrupt; or

(b) on property which was subject to a restraint order when the order adjudging him bankrupt was made.

(5) Where, in the case of a debtor, the receiver constituted by virtue of section 9 of the 1989 Act or an interim receiver stands appointed under section 10 of the 1989 Act, and any property of the debtor is subject to a restraint order—

(a) the powers conferred on the receiver by virtue of that Act shall not apply to property for the time being subject to the restraint order; and

(b) any such property in the hands of the receiver shall, subject to a lien for any expenses (including his remuneration) properly incurred in respect of the property, be dealt with in such manner as the court may direct.

(6) Where a person is adjudged bankrupt and has directly or indirectly made a gift caught by this Act—

(a) no order shall be made by virtue of section 33 or 45 of the 1989 Act (avoidance of certain settlements etc) in respect of the making of the gift at any time when property of the person to whom the gift was made is subject to a restraint order or a charging order; and

(b) any order made by virtue of section 33 or 45 of the 1989 Act after the discharge of the restraint or charging order shall take into account any realisation under this Act of property held by the person to whom the gift was made.

36. Winding up of company holding realisable property

(1) Where realisable property is held by a company and an order for the winding up of the company has been made or a resolution has been passed by the company for the voluntary winding up, the functions of the liquidator shall not be exercisable in relation to—

(a) property for the time being subject to a restraint order made before the relevant time; and

(b) any proceeds of property realised by virtue of section 28(6) or 31(5) or (6) for the time being in the hands of a receiver appointed under section 28 or 31, but there shall be payable out of such property any expenses (including the remuneration of the liquidator) properly incurred in the winding up in respect of the property.

(2) Where, in the case of a company, such an order has been made or such a resolution has been passed, the powers conferred on the court by sections 28 to 32 or on

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998a receiver so appointed shall not be exercised in relation to any realisable property held by

the company in relation to which the functions of the liquidator are exercisable—

(a) so as to inhibit him from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or

(b) so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator) properly incurred in the winding up in respect of the property.

(3) Nothing in the Companies Act 1981 shall be taken as restricting, or enabling the restriction of, the exercise of those powers referred to in subsection (2).

(4) Subsection (2) shall not affect the enforcement of a charging order made before the relevant time or on property which was subject to a restraint order at the relevant time.

(5) In this section—

“company” means any company which may be wound up under the Companies Act 1981;

“liquidator” includes any person appointed to the office of liquidator (whether provisionally or otherwise) under the Companies Act 1981;

“the relevant time” means—

(a) where no order for the winding up of the company has been made, the time of the passing of the resolution for voluntary winding up;

(b) where—

(i) such an order has been made; but

(ii) before the presentation of the petition for the winding up of the company by court order, such a resolution had been passed by the company, the time of the passing of the resolution; and

(c) in any other case where such an order has been made, the time of the making of the order. FOREIGN ORDERS ETC

54. Registration of external confiscation orders

(1) On an application made by or on behalf of the government of a designated country, the Supreme Court may register an external confiscation order made there if—

(a) it is satisfied that at the time of registration the order is in force and not subject to appeal;

(b) it is satisfied, where the person affected by the order did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(c) it is of the opinion that enforcing the order in Bermuda would not be

contrary to the interests of justice.

(2) In subsection (1)(a), “appeal” includes—

(a) any proceedings by way of discharging or setting aside a judgment; and

(b) an application for a new trial or a stay of execution.

(3) The court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by the recovery of all property liable to be recovered under it or by payment of the amount due under it.

55. Evidence of corresponding law

(1) A document purporting to be issued by or on behalf of the Government of a country or territory and purporting to state the terms of a corresponding law in force in that country or territory shall be admitted in evidence, in proceedings under this Act, on its production by the prosecution without further proof, and such document shall be conclusive evidence that—

(a) it is issued by or on behalf of the Government of that country or territory;

(b) the terms of such law are as stated in the document;

(c) any facts stated in the document to constitute an offence under such law do constitute such offence.

(2) “Corresponding law”—

(a) in relation to proceedings relating to drug trafficking has the meaning given in section 40 of the Misuse of Drugs Act 1972; and

(b) in any other case, means a law which corresponds with a provision of Bermuda law which creates a relevant offence. OFFENCES AND POLICE POWERS ETC

Offences by bodies corporate

56 Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

57. Police powers etc

(1) For the purposes of this Act, “police officer” includes any officer of the Customs Department.

(2) A police officer may arrest without warrant any person whom he reasonably believes has committed an offence under this Act.

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998(3) An officer of the Customs Department may, in any case relating to the

commission of an offence under this Act, exercise all or any of the powers in relation to investigations into an offence which is arrestable without warrant conferred on a police officer by the Criminal Code Act 1907.

58. Duty of confidentiality: police officers

(1) Except for the purpose of the performance of his duties or the exercise of his functions or when lawfully required to do so by any court or under the provisions of any enactment, no police officer shall disclose any information or matter, including any information or matter concerning an external confiscation order, which has been obtained by him in the performance of his duties or the exercise of his functions under this Act without the consent of the person to whom it relates (and if different) the person from whom it was received as aforesaid.

(2) A police officer who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine of $50,000 or to imprisonment for two years or to both.

58A. Duty of confidentiality: persons other than police officers

(1) Except as provided in this section, no person who under or for the purposes of this Act receives from any person any information or matter, including any information or matter concerning—

(a) a request for assistance;

(b) the compliance with any such request;

(c) an external confiscation order, shall disclose such information or matter without the consent of the person to whom it relates (and if different) the person from whom it was received as aforesaid.

(2) This section does not apply to a person who discloses information necessary to give effect to a request for assistance or when lawfully required to do so by any court or under the provisions of any enactment, or to information which at the time of the disclosure has already been made available to the public from other sources, or to information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.

(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine of $50,000 or to imprisonment for two years or to both. PROCEDURE

Civil standard of proof

62 Any question of fact to be decided by a court in proceedings under this Act, except any question of fact that is for the prosecution to prove in any proceedings for an offence under this Act, shall be decided on the balance of probabilities.

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998Appeals

63 Any decision of a court in proceedings under this Act, except proceedings in relation to any offence committed under this Act, is a judgment of a court in a civil cause or matter within section 12(1) and (2) of the Court of Appeal Act 1964 or, as the case may be, section

2 of the Civil Appeals Act 1971. SUPPLEMENTAL

Index of defined expressions

64 In this Act the expressions listed below are defined by, or otherwise fall to be construed in accordance with, the provisions of this Act listed below—

charging order section 29 conclusion of proceedings in a designated country section 8(2) defendant section 7 drug trafficking section 3 external confiscation order section 2A gift caught by this Act section 6

“held” in relation to property section 4(2) institution of proceedings in a designated country section 8(1)

“interest”, in relation to property section 4(1) police officer section 57 property section 4(1) realisable property section 4(1) and (2) restraint order section 28

“satisfied”, in relation to an external confiscation section 8(3) order

“subject to appeal”, in relation to an external section 8(4) confiscation order

“transferred”, in relation to property section 4(2) value of gift, payment or reward section 5(2) value of property section 5(1)

Crown application

66 This Act binds the Crown, but not so as to make the Crown capable of any criminal offence. [Schedule 3 amended by BR 78 / 2014 para. 5 effective 19 September 2014; amended by 2017 : 9 s. 11 effective 20 February 2017]

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998APPENDIX

INSTITUTION OF PROCEEDINGS

Designated country Point at which proceedings are instituted Anguilla (a) when a summons or warrant is issued in respect of an offence;

(b) when a person is charged with an offence after being taken into custody without a warrant;

(c) when a bill of indictment is preferred Antigua & Barbuda when a person has been charged with a scheduled offence Argentina when a judge has ordered that a person be detained for the purpose of testifying in connection with the commission of an offence Australia when an information or a complaint has been laid before a justice of the peace or a magistrate, or a person has been charged with an offence, or an indictment or a presentment has been preferred The Bahamas (a) when an information has been laid before a justice of the peace;

(b) when a person is charged with an offence after having been taken into custody without a warrant;

(c) when a bill of indictment is preferred Bahrain when a bill of indictment is lodged in court against any person for an offence Barbados (a) when an information has been laid before a magistrate;

(b) when a person is charged with an offence;

(c) when a bill of indictment is preferred Bolivia when a warrant is issued by a competent judge or an order to institute proceedings, containing the preventive annotation of property liable to registration or the bank deposit of the monies, assets and property of the accused British Virgin Islands (a) when a summons or warrant is issued in respect of an offence;

(b) when a person is charged with an offence after being taken into custody without a warrant;

(c) when an indictment is preferred

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998The Cayman Islands (a) when a charge has been signed under

subsection (3) or (4) of section 13 of the Criminal Procedure Code in respect of the offence;

(b) when a person is charged with the offence after being arrested without a warrant under subsection (5) of that section Chile when an application for a decision from the competent judicial authority is made Columbia when a preliminary investigation or a formal process has begun and, in either case, a Resolution has been issued for a freezing or seizure order Ecuador when a writ is issued by a judge initiating criminal proceedings Germany when a person is notified that he is accused of an offence and will be brought before a court Gibraltar when a person is charged with an offence, whether by the laying of an information or otherwise Grenada (a) when an information has been laid before a justice of the peace;

(b) when a person is charged with an offence;

(c) when a bill of indictment is preferred Guernsey when a person is charged with an offence Guyana when a charge has been laid against a person for an offence Hong Kong (a) when a magistrate issues a warrant or summons;

(b) when a person is charged with an offence;

(c) when an indictment is preferred India (a) when information relating to commission of any crime is received by any law enforcement agency empowered to investigate such crime under the law for the time being in force and laid before a court of law;

(b) when any allegation is made orally or in writing to a court of law that a person has committed an offence;

(c) when a person is charged with an offence;

(d) when any investigation or inquiry into the commission of any offence is directed by a court of law Isle of Man (a) where a justice of the peace issues a summons under section 4 of the Summary Jurisdiction

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998Act 1989, when the complaint in relation to

the offence is made to him;

(b) where a justice of the peace issues a warrant for the arrest of any person under that section, when the complaint in relation to the offence is made to him;

(c) where a person is charged with the offence after being taken into custody without a warrant, when he is taken into custody;

(d) where an information is preferred by the Attorney General in a case where there have been no committal proceedings, when the information is lodged in the General Registry in accordance with section 4(1) of the Criminal Code Amendment Act 1917 Italy (a) when a person is notified, in accordance with article 369 of the Italian Code of Criminal Procedure, that a prosecution against him is in progress;

(b) when a proposal for the application of a preventative measure (“misura di prevenzione”) is laid before a court Jersey (a) when the Bailiff issues a warrant in respect of an offence for the arrest of a person who is out of the Island;

(b) when a person is arrested and charged with an offence;

(c) when a summons in respect of an offence is served on a person at

the instance of the Attorney General;

(d) when a summons in respect of the offence is served on a person in accordance with the provisions of Article 8 of the Police Court (Miscellaneous Provisions) (Jersey) Law, 1949 Malaysia when a person is charged with an offence Montserrat (a) when a judge issues a summons or warrant in respect of an offence;

(b) when a person is charged with an offence after being taken into custody without a warrant

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998Netherlands (a) when a pre-trial financial investigation has

been initiated;

(b) when the provisional measure has been ordered by an investigating magistrate;

(c) when a police prosecutor has requested a pre- trial criminal investigation by an investigating magistrate to be instituted;

(d) when a public prosecutor has laid an indictment Panama when a person has been charged with an offence Paraguay when a judge has ordered the restraint of property and a preventative detention order has been made Philippines, Republic of the when an information or complaint has been filed in respect of an offence Romania (a) when the start of a penal pursuit is ordered;

(b) when penal proceedings start in respect of an offender Saudi Arabia when an information has been laid before a judicial authority South Africa (a) when a summons is issued in respect of an offence;

(b) when a person is charged with an offence;

(c) when a bill of indictment is preferred Spain when by virtue of a judicial resolution it is decided to proceed against a person for an offence Sweden when a public prosecutor has established that there are reasonable grounds to suspect that a person has committed an offence and accordingly is obliged under the Code of Judicial Procedure to notify the person of the suspicion Switzerland when proceedings for an offence are brought before an examining magistrate Thailand when a court or the Asset Examination Committee issues a restraint order Ukraine when a criminal case is brought United Kingdom when a summons or warrant is issued in respect of an offence, or a person is charged after being taken into custody without a warrant, or a bill of indictment is preferred United Mexican States when criminal proceedings are instituted by a judicial authority United States of America when an indictment, information or complaint has been filed in respect of an offence Uruguay when criminal proceedings are instituted by a judicial authority

[Appendix amended by BR 78 / 2014 para. 6 effective 19 September 2014]

PROCEEDS OF CRIME (DESIGNATED COUNTRIES AND TERRITORIES)

ORDER 1998Made this 23rd day of December, 1998

Minister of Labour, Home Affairs & Public Safety

[Amended by: BR 78 / 2014

2017 : 9

2018 : 51 BR 60 / 2021]