Proceeds of Criminal Conduct (Designated Countries) Order

PUBLISHING DETAILS The Proceeds of Criminal Conduct (Designated Countries) Order, 1997 made the 25th March 1997 consolidated with the proceeds of Criminal Conduct (Designated Countries) (Further Designation of Countries) Order, 2001 made the 12th April, 2001. Revised under the authority of the Law Revision Law (1999 Revision). Consolidated and revised this 8th day of July, 2003.

Arrangement of Paragraphs

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Paragraph 1

Citation This order may be cited as the Proceeds of Criminal Conduct (Designated Countries) Order (2003 Revision). Definition In this order — “designated country” means a country or territory designated under paragraph 3(1) of this order. Designation of, and application to, countries (1) Each of the countries specified in the Schedule hereto is designated for the purposes of sections 41 and 42. (2) The authority appearing in the second column of the Schedule to this Order opposite the name of a designated country is the appropriate authority for the purposes of sections 2(1) and 41(1)(b).

Paragraph 4

Institution of proceedings in a designated country Proceedings for an offence are instituted in a designated country for the purposes of section 41(1)(c) and paragraph 2(2)(a) of the Schedule to the principal Law when, under the law of the designated country, one of the steps specified in the third column of the Schedule to this order has been taken there in respect of alleged conduct by the defendant to which the Law applies.

sections 3 and 4 Argentina of When a judge has ordered that a person be detained for the purpose of testifying in connection with the commission of an offence Australia Attorney General’s (a) When an information has been laid before a justice of the peace; (b) when a person is charged with an offence after having been taken into custody without a warrant; or (c) when a bill of indictment is preferred, Austria Federal Ministry of Belgium of Brazil Council for Financial Activities Control Canada Minister of Justice

Denmark

Finland France The or for Germany Customs Criminal Investigation When a person is notified that he is accused of an offence and will be brought before a court Greece

Hong Kong of (a) When a magistrate issues a warrant or summons; (b) when a person is charged with an offence; or (c) when an indictment is preferred, Iceland The or for

Ireland of Italy (a) When a person is notified, in accordance with article 369 of the Italian Code of Criminal Procedure, that a prosecution against him is in process; or (b) when a proposal for the application of a preventative measure is laid before a court, Japan Luxembourg The or for Mexico of the Attorney General of the Republic When the Ministerio Publico has established that there is probable cause to suspect that a person has committed an offence

Netherlands Afdeling Internationale Rechtshulp (a) When a pre-trial financial investigation has been initiated; (b) when the provisional measure has been ordered by an investigating magistrate; (c) when a public prosecutor has requested a pre-trial criminal investigation by an investigating magistrate to be instituted; or (d) when a public prosecutor has laid an indictment, New Zealand New Zealand Police Office of the Commissioner Norway The or for Portugal The or for Singapore Attorney General’s Chambers

Spain Ministerio de Justicia, Madrid When, by virtue of a judicial resolution, it is decided to proceed against a person for an offence Sweden of When a public prosecutor has established that there are reasonable grounds to suspect that a person has committed an offence and accordingly the prosecutor is obliged under the Code of Judicial Procedure to notify the person of the suspicion Switzerland Office federal de la police When proceedings for an offence are brought before an examining magistrate Turkey United Kingdom Secretary of State for the Home (a) When a justice of the peace issues a summons or warrant under section 1 of the Magistrates’ Courts Act, 1980 [UK Act] in respect of that offence; (b) when a person is charged with the offence after being taken into custody without warrant; or (c) when a bill of indictment is preferred under section 2 of the Administration of (Miscellaneous Provisions) Act, 1933 [UK Act] in a case falling within subsection (2)(b) of that section;

United States of America Director of the of International Affairs of the Criminal Division of the Department of Justice When an indictment, information or complaint has been filed against a person in respect of an offence. Publication in consolidated and revised form authorised by the Governor in Cabinet this 8th day of July, 2003. Carmena Watler Clerk of Cabinet