Criminal Finances Act 2017

6 External assistance

After section 396S of the Proceeds of Crime Act 2002 (inserted by section 5 above) insert—

“Unexplained wealth orders: enforcement abroad

396T Enforcement abroad: Scottish Ministers

(1) This section applies if—

(a) the Court of Session makes an unexplained wealth order in respect of any property,

(b) it appears to the Scottish Ministers that the risk mentioned in section 396J(2) applies in relation to the property, and

(c) the Scottish Ministers believe that the property is in a country outside the United Kingdom (the receiving country).

(2) The Scottish Ministers may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.

(3) The Secretary of State may forward the request for assistance to the government of the receiving country.

(4) A request for assistance under this section is a request to the government of the receiving country—

(a) to secure that any person is prohibited from dealing with the property;

(b) for assistance in connection with the management of the property, including with securing its detention, custody or preservation.

396U Enforcement abroad: receiver

(1) This section applies if—

(a) an interim freezing order has effect in relation to property, and

(b) the receiver appointed under section 396P in respect of the property believes that it is in a country outside the United Kingdom (the receiving country).

(2) The receiver may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.

(3) The Secretary of State must forward the request for assistance to the government of the receiving country.

(4) A request for assistance under this section is a request to the government of the receiving country—

(a) to secure that any person is prohibited from dealing with the property;

(b) for assistance in connection with the management of the property, including with securing its detention, custody or preservation.”