The Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002

Enforcement of orders made in designated countries

11.—(1) The Governor may by order make provision for the purpose of enabling the enforcement in the Territory of external orders.

(2) An “external order” means an order—

(a) which is made in a country or territory (including any part of the United Kingdom or any territory to which this Order extends or any other British overseas territory) that is designated for the purposes of this paragraph by the order made by the Governor, and

(b) which makes relevant provision.

(3) “Relevant provision” means—

(a) provision for the forfeiture of terrorist property (“an external forfeiture order”), or

(b) provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted in the designated country or territory (“an external restraint order”).

(4) An order made by the Governor under this paragraph may, in particular, include provision—

(a) which, for the purpose of facilitating the enforcement of an external order that may be made, has effect at times before there is an external order to be enforced;

(b) which disapplies, or qualifies or modifies the application of, any of the provisions of sub-paragraphs (6)(b) and (7) to (14) of this paragraph to or in relation to any specified external order (or any specified class of such orders) made in a specified designated country or territory;

(c) for the proof of any matter relevant for the purposes of anything falling to be done in pursuance of the order made by the Governor.

(5) An order made by the Governor under this paragraph may also make provision with respect to anything falling to be done on behalf of the Territory in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order.

(6) An external order shall be enforced in the Territory only in accordance with—

(a) the provisions of, or any provisions made under, this paragraph, and

(b) any provisions made by rules of court as to the manner in which, and the conditions subject to which, such orders are to be enforced there.

(7) On an application made to it in accordance with rules of court for registration of an external order made in a designated country or territory, the Supreme Court shall direct that the order shall, in accordance with such rules, be registered in that Court.

(8) Rules of court shall also make provision—

(a) for cancelling or varying the registration of an external forfeiture order when effect has been given to it, whether in the Territory or elsewhere, in respect of all or, as the case may be, part of the money or other property to which the order applies; and

(b) for cancelling or varying the registration of an external restraint order which has been discharged or varied by the court by which it was made.

(9) If an external forfeiture order is registered under this paragraph, the Supreme Court shall have, in relation to that order, the same powers as a court has under paragraph 2(1) to give effect to a forfeiture order made by it, and—

(a) paragraphs 3 and 4 shall apply accordingly, and

(b) after making any payments required by virtue of paragraph 2(1)(d) or (3), the balance of any sums received by the proper officer (as defined by paragraph 4(1)) by virtue of an order made under this sub-paragraph shall be paid by him to the Governor.

(10) If an external restraint order is registered under this paragraph—

(a) paragraphs 7 and 8 shall apply as they apply to a restraint order under paragraph 5, and

(b) the Supreme Court shall have the like power, in relation to proceedings brought or likely to be brought for that order, to make an order for inspection of property or for related matters as it would have, under any law for the time being in force in the Territory, if those proceedings had been brought or were likely to be brought in the Supreme Court.

(11) In addition, if an external order is registered under this paragraph—

(a) the Supreme Court shall have, in relation to its enforcement, the same power as if the order had originally been made in the Supreme Court,

(b) proceedings for or with respect to its enforcement may be taken as if the order had originally been made in the Supreme Court, and

(c) proceedings for or with respect to contravention of such an order, whether before or after such registration, may be taken as if the order had originally been made in the Supreme Court.

(12) The Supreme Court may also make such orders or do otherwise as seems to it appropriate for the purpose of—

(a) assisting the achievement in the Territory of the purposes of an external order that has been registered under this paragraph, or

(b) assisting a receiver or other person directed by such an external order to sell or otherwise dispose of property.

(13) The following documents shall be received in evidence in the Territory without further proof—

(a) a document purporting to be a copy of an external order and to be certified as such by a proper officer of the court by which it was made, and

(b) a document purporting to be a certificate for purposes corresponding to those of paragraph 4(2) and (3) and to be certified by a proper officer of the court concerned.

(14) Where, under any of the provisions of this paragraph, a thing is to be done in accordance with rules of court, it may, if there are for the time being no rules of court in force in the Territory governing that matter, be done in accordance with such directions in that behalf as may be given by a judge of the Supreme Court on application made ex parte to him in Chambers.

(15) An order made by the Governor under this paragraph may make different provision for different cases.