Mutual Assistance In Criminal Matters - Proceeds Of Crime (Ss 27-32)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=495

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[Ch0804s27]27. Requests for enforcement orders

The

Director of Public Prosecutions may request an appropriate authority of a

foreign country to which this Act applies to make arrangements for the

enforcement of-

(a) a confiscation order against property that

is believed to be located in that country;

(b) a restraining order against property that

is believed to be located in the country,

if the order was made in respect of a serious offence.

[Ch0804s28]28. Requests for issue of orders in foreign

countries

Where

a criminal proceeding or criminal investigation has commenced in Botswana in

relation to a serious offence, the Director of Public Prosecutions may request

an appropriate authority of a foreign country to which this Act applies to

obtain the issue, in respect of the offence, of a warrant, order or other

instrument similar in nature to any of the following warrants and orders under

the Cap. 08:03 Proceeds

of Serious Crime Act-

(a) a search warrant for tainted property;

(b) a restraining order;

(c) a production order.

[Ch0804s29]29. Requests for enforcement of orders

(1)

Where-

(a) a foreign country requests the Director of

Public Prosecutions to make arrangements for the enforcement of a foreign

confiscation order made in respect of a serious offence, against property that

is believed to be located in Botswana; and

(b) the Director of Public Prosecutions is

satisfied that-

(i) a person has been convicted of the

offence; and

(ii) the conviction and the order are not

subject to further appeal in the foreign country,

the Director of Public Prosecutions may apply for the registration of the

order in the High Court.

(2)

Where a foreign country requests the Director of Public Prosecutions to make

arrangements for the enforcement of a foreign restraining order, made in

respect of a serious offence, against property that is believed to be located

in Botswana, the Director of Public Prosecutions may apply for the registration

of the order in the High Court.

(3) A

foreign confiscation order, or a foreign restraining order, as the case may be,

registered in the High Court in accordance with this section has effect, and

may be enforced, as if it were an order made by a court under the Cap. 08:03 Proceeds

of Serious Crime Act.

(4)

Where an order is registered in a court in accordance with this section, a copy

of any amendments made to the order (whether before or after registration) may

be registered in the same way as the order and the amendments do not have

effect until they are registered.

[Ch0804s30]30. Requests for search and seizure warrants in

respect of tainted property

Where-

(a) a criminal proceeding or criminal

investigation has commenced in respect of a foreign country in respect of a

serious offence;

(b) there are reasonable grounds to believe

that tainted property in relation to the offence is located in Botswana; and

(c) the foreign country requests the Director

of Public Prosecutions to obtain the issue of a search warrant under the

Proceeds of Serious Crime Act in relation to the tainted property,

the Director of Public Prosecutions may authorise a police officer to

apply to a magistrate for the search warrant requested by the foreign country.

[Ch0804s31]31. Requests for restraining orders

Where-

(a) a criminal proceeding has commenced in a

foreign country in respect of a serious offence;

(b) there are reasonable grounds to believe

that property that may be made or is about to be made the subject of a foreign

restraining order is located in Botswana; and

(c) the foreign country requests the Director

of Public Prosecutions to obtain the issue of a restraining order under the

Proceeds of Serious Crime Act against the property,

the Director of Public Prosecutions may apply to a magistrate's court or

the High Court for the restraining order requested by the foreign country.

[Ch0804s32]32. Requests for information gathering orders

Where-

(a) a criminal proceeding or criminal

investigation has commenced in a foreign country in respect of a serious

offence;

(b) a document in relation to the offence is

reasonably believed to be located in Botswana; and

(c) the foreign country requests the Director

of Public Prosecutions to obtain the issue of-

(i) a production order under the Cap. 08:03 Proceeds of

Serious Crime Act in respect of the document; or

(ii) a search warrant under the Cap. 08:03 Proceeds of

Serious Crime Act in respect of the document,

the Director of Public Prosecutions may authorise a police officer to

apply to a magistrate or a judge of the High Court for the order requested by

the foreign country.

(2)

Where-

(a) a criminal proceeding or criminal

investigation has commenced in a foreign country in respect of a serious

offence that is-

(i) a money laundering offence in respect of

proceeds of a serious offence; or

(ii) an ancillary offence in relation to an

offence of a kind referred to in subparagraph (i);

(b) information about transaction conducted

through an account with a financial institution in Botswana is reasonably

believed to be relevant to the proceeding or investigation; and

(c) the foreign country requests the Director

of Public Prosecutions to obtain the issue of an order under the Cap. 08:03 Proceeds of

Serious Crime Act directing the financial institution to give information to

the police about transactions conducted through the account,

the Director of Public Prosecutions may authorise a police officer to

apply to a magistrate or a judge of the High Court for the order requested by

the foreign country.