Revised Laws of Saint Lucia (2023)

23HH.   Enforcement abroad after an in rem recovery order

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    (1)   The Attorney General may make a request for assistance to the government of the receiving country in relation to the property if—

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      (a)     a recovery order made by the Court has effect in relation to property; and

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      (b)     the Attorney General or the trustee believes that the property is in a country outside Saint Lucia.

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    (2)   A trustee may send a request for assistance in relation to the property to the Attorney General with a view to it being forwarded under this section to the government of the receiving country.

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    (3)   Where a trustee sends a request for assistance to the Attorney General under this section the Attorney General shall forward the request for assistance from the trustee to the government of the receiving country.

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    (4)   A request for assistance under subsection (1) is a request to the government of the receiving country for assistance in connection with the management and disposal of the property and contains a request to the government of the receiving country—

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      (a)     to secure the detention, custody or preservation of the property;

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      (b)     in the case of money, to secure and ensure that the money is applied in accordance with the law of the receiving country;

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      (c)     in the case of property other than money, to secure that the property is realized and the proceeds are applied in accordance with the law of the receiving country.

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    (5)   A certificate purporting to be issued by or on behalf of the government of the receiving country is admissible as evidence of the facts it states—

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      (a)     that property has been realized in pursuance of a request under this section;

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      (b)     the date of realization; and

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      (c)     the proceeds of realization.

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    (6)   A request for assistance under subsection (1) must be in compliance with the Mutual Legal Assistance in Criminal and Related Matters Act.

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    (Inserted by Act 18 of 2023)

Compensation