Section 67Part 2 — The Financial Reporting Authority
Enforcement abroad
←→ Navigate · Click subsection badges to collapse · Press ? for help
This section applies if —
any of the conditions in section 44 is satisfied ;
the Director of Public Prosecutions believes that realisable property is situated in a country or territory outside the Islands (the receiving country); and
the Director of Public Prosecutions sends a request for assistance to the Governor with a view to it being forwarded under this section.
Where no confiscation order has been made, a request for assis tance is a request to the government of the receiving country to secure that any person is prohibited from dealing with realisable property.
Where a confiscation order has been made and has not been satisfied, discharged or quashed, a request for assis tance is a request to the government of the receiving country to secure that —
any person is prohibited from dealing with realisable property; and
realisable property is realised and the proceeds are applied in accordance with the law of the receiv ing country.
A request for assistance may be not made for the purposes of this section in a case where a confiscation order has been made and has been satisfied, discharged or quashed.
Where the Governor believes it is appropriate to do so that per son may forward the request for assistance to the government of the receiving country.
Where property is realised in pursuance of a request under subsection (3) the amount ordered to be paid under the confiscation order shall be taken to be reduced by an amount equal to the proceeds of realisation.
A certificate purporting to be issued by or on behalf of the requested government is admissible as evidence of the facts it states if it states —
that property has been realised in pursuance of a requ est under subsection (3);
the date of realisation; and
the proceeds of realisation.
If the proceeds of realisation made in pursuance of a request under subsection (3) are expressed in a currency other than Cayman Islands dollars, they shall be taken to be the Cayman Islands dollar equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of realisation. Interpretation