PART 1

Proceeds of crime
CHAPTER 1

Investigations

Unexplained wealth orders: England and Wales and Northern Ireland

External assistance
3
After section 362R of the Proceeds of Crime Act 2002 (inserted by section 2 above) insert—

Unexplained wealth orders: enforcement abroad

Enforcement abroad: enforcement authority
362S
1
This section applies if—
a
the High Court makes an unexplained wealth order in respect of any property,
b
it appears to the enforcement authority that the risk mentioned in section 362J(2) applies in relation to the property, and
c
the enforcement authority believes that the property is in a country outside the United Kingdom (the receiving country).
2
The enforcement authority 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.

Enforcement abroad: receiver
362T
1
This section applies if—
a
an interim freezing order has effect in relation to property, and
b
the receiver appointed under section 362N 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.
S. 3 in force at Royal Assent for specified purposes, see s. 58
S. 3 in force at 31.1.2018 for E.W. in so far as not already in force by S.I. 2018/78, reg. 3(a)
S. 3 in force at 28.6.2021 for N.I. in so far as not already in force by S.I. 2021/724, reg. 2(1)(a)