Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 9 of the Criminal Justice (International Co-operation) Act 1990(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.—(1) This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1992 and shall come into force on the tenth day after it is made.

(2) In this Order “the principal Order” means—

(a)in relation to England and Wales, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991(2); and

(b)in relation to Northern Ireland, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland)Order 1991(3).

2.  Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(5) of that Order) shall be amended as follows:

(a)after the entry relating to Anguilla, there shall be inserted the following—

“Argentina
when a judge has ordered that a person be detained for the purpose of testifying in connection with the commission of an offence”;

(b)after the entry relating to the Cayman Islands, there shall be inserted the following—

“Germany
when a person is notified that he is accused of an offence and will be brought before a court”;

(c)after the entry relating to Guernsey, there shall be inserted the following—

“Guyana
when a charge has been laid against a person for an offence”; and

(d)after the entry relating to the United States of America, there shall be inserted the following—

“Uruguay
when criminal proceedings are instituted by a judicial authority”.

3.  Schedule 2 to the principal Order shall be amended by inserting in alphabetical order the entries for those countries and territories specified in the Schedule to this Order.

G. I. de Deney
Clerk of the Privy Council

Article 3
SCHEDULE

Designated Country
Appropriate authority

Afghanistan

Argentina
the Ministry of Foreign Affairs

Brazil
Burma
Cameroon
Czechoslovakia
Germany
Greece

Guyana
the Permanent Secretary, Ministry of Home Affairs

Honduras
Hungary
Ivory Coast
Monaco
Nepal
Pakistan
Peru
Portugal
Seychelles
Sri Lanka
Syria

Uruguay
the Ministry of Education and Culture

Venezuela

Explanatory Note

(This note is not part of the Order)
This Order amends the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 (S.I.1991/1463) and the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 (S.I.1991/1464). These provide for the enforcement in England and Wales and Northern Ireland of orders made by a court in a designated country or territory for the forfeiture and destruction or other disposal of property used in connection with the commission of a drug trafficking offence. The powers in each of the 1991 Orders also apply to proceedings which have been or are to be instituted in a designated country or territory and may result in such an order being made there.
Article 3 amends the list of designated countries in each of the 1991 Orders to include Afghanistan, Argentina, Brazil, Burma, Cameroon, Czechoslovakia, Germany, Greece, Guyana, Honduras, Hungary, Ivory Coast, Monaco, Nepal, Pakistan, Peru, Portugal, Seychelles, Sri Lanka, Syria, Uruguay and Venezuela. Article 2 makes consequential amendments to each of the 1991 Orders.
By virtue of article 1(1) this Order comes into force on 25th July 1992.


(1)
1990 c. 5.

(2)
S.I.1991/1463.

(3)
S.I.1991/1464.