(1) Subject to subsection (2), an in rem recovery order may be made by the Court in respect of—
(a) property wherever situated;
(b) a person wherever domiciled, resident or present.
(2) An in rem recovery order may not be made by the Court in respect of property that is outside of Saint Lucia unless there is or has been a connection between the case and Saint Lucia.
(3) The Court shall not make an in rem recovery order with respect to recoverable property if—
(a) a condition under subsection (4) is satisfied; and
(b) it is not just and equitable to do so.
(4) The conditions referred to under subsection (3)(a) are that—
(a) the respondent obtained the recoverable property in good faith;
(b) the respondent took an action, or omitted to take an action—
(i) after obtaining the property which he or she would not have taken, or omitted to take, if he or she had not obtained the property, or
(ii) before obtaining the property which he or she would not have taken, or omitted to take, if he or she had not believed he or she was going to obtain it;
(c) when he or she took, or omitted to take, the action under paragraph (b), he or she did not have notice that the property was recoverable;
(d) where an in rem recovery order is made in respect of the property, the in rem recovery order is, by reason of his or her action or omission detrimental to him or her.
(5) In deciding whether it is just and equitable to make the provision in the in rem recovery order where the conditions under subsection (4) are met, the Court shall consider—
(a) the degree of detriment to be suffered by the respondent if the provision is made;
(b) the Attorney General's interest in receiving the realized proceeds of the recoverable property.
(6) An in rem recovery order may sever any property interest.
(7) An in rem recovery order—
(a) may impose conditions as to the manner in which the trustee may deal with any property vested by the order for the purpose of realizing it; and
(b) may provide for payment of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—
(i) the proceedings under this Part in which the in rem recovery order is made, or
(ii) any related proceedings under this Part.
(Inserted by Act 18 of 2023)