cover image: Asset recovery (MLA) Mauritius 1. How to seek a request for a restraining or confiscation order?

20.500.12592/tht7cq6

Asset recovery (MLA) Mauritius 1. How to seek a request for a restraining or confiscation order?

15 Jan 2024

Foreign request for restraining order The Central Authority of Mauritius may apply to a Judge in Chambers for a restraining order where there are reasonable grounds to believe that the proceeds of the crime are located in Mauritius upon a request made by a – (a) a foreign State or an international criminal tribunal requests the Central Authority of Mauritius to obtain the issue of a restraining. [...] Foreign request for enforcement of foreign restraining order or confiscation A foreign State, or an international criminal tribunal, requests that necessary measures be taken for the enforcement of— (a) a foreign restraining order; or (b) a foreign confiscation order, the Central Authority of Mauritius may apply to the Supreme Court for registration of the order. [...] Foreign request for location of proceeds of crime Where— (a) a foreign State requests the Central Authority of Mauritius to assist in locating property believed to be the proceeds of a serious crime committed in that State; or (b) an international criminal tribunal requests the Central Authority to assist in locating property 2 believed to be the proceeds of an international criminal tribunal offe. [...] Sharing confiscated property with foreign States The Central Authority of Mauritius may enter into such arrangement as he thinks fit with the competent authorities of a foreign State for the reciprocal sharing with that State of such part of any property realised— (a) in the foreign State, as a result of action taken by him pursuant to section 4; or 3 (b) in Mauritius, as a result of action take. [...] Where the Minister to whom the subject of finance is assigned considers it appropriate, either because an international arrangement so requires or permits or in the public interest, he may order that the whole or any part of any property confiscated under this Act, or the value thereof, be returned or remitted to the foreign State or the international criminal tribunal.
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