Proceeds of Criminal Conduct Law PROCEEDS OF CRIMINAL CONDUCT

CAYMAN ISLANDS Proceeds of Criminal Conduct Law PROCEEDS OF CRIMINAL CONDUCT (DESIGNATED COUNTRIES) ORDER (2003 Revision) Supplement No. 8 published with Gazette No. 16 of 11th August, 2003. 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. Page 2 Revised as at 8th day of July, 2003 c Proceeds of Criminal Conduct (Designated Countries) Order Arrangement of Paragraphs CAYMAN ISLANDS Proceeds of Criminal Conduct Law PROCEEDS OF CRIMINAL CONDUCT (DESIGNATED COUNTRIES) ORDER (2003 Revision) Arrangement of Paragraphs Paragraph Page 1. Citation ......................................................................................................................................5 2. Definition ...................................................................................................................................5 3. Designation of, and application to, countries ..............................................................................5 4. Institution of proceedings in a designated country ......................................................................6 SCHEDULE 7 c Revised as at 8th day of July, 2003 Page 3 Proceeds of Criminal Conduct (Designated Countries) Order Paragraph 1 CAYMAN ISLANDS Proceeds of Criminal Conduct Law PROCEEDS OF CRIMINAL CONDUCT (DESIGNATED COUNTRIES) ORDER (2003 Revision) 1. Citation 1. This order may be cited as the Proceeds of Criminal Conduct (Designated Countries) Order (2003 Revision). 2. Definition 2. In this order — “designated country” means a country or territory designated under paragraph 3(1) of this order. 3. Designation of, and application to, countries 3. (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). c Revised as at 8th day of July, 2003 Page 5 Paragraph 4 Proceeds of Criminal Conduct (Designated Countries) Order 4. Institution of proceedings in a designated country 4. 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. Page 6 Revised as at 8th day of July, 2003 c Proceeds of Criminal Conduct (Designated Countries) Order SCHEDULE SCHEDULE sections 3 and 4 Designated country Appropriate Point at which proceedings for an authority offence are instituted Argentina Ministry of When a judge has ordered that a person Foreign Affairs 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 Department 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, and where the application of this section of this column would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times. Austria Federal Ministry of When an application has been made to Justice the relevant court for an external confiscation order Belgium Ministry of When an application has been made to Foreign Affairs the relevant court for an external confiscation order Brazil Council for When an application has been made to Financial the relevant court for an external Activities Control confiscation order Canada Minister of Justice When an application has been made to the relevant court for an external confiscation order c Revised as at 8th day of July, 2003 Page 7 SCHEDULE Proceeds of Criminal Conduct (Designated Countries) Order Designated country Appropriate Point at which proceedings for an authority offence are instituted Denmark Ministry of Justice When an application has been made to the relevant court for an external confiscation order Finland Ministry of Justice When an application has been made to the relevant court for an external confiscation order France The officer, When an application has been made to Ministry, the relevant court for an external department or confiscation order other official body responsible for Justice Germany Customs Criminal When a person is notified that he is Investigation accused of an offence and will be Office brought before a court Greece Ministry of Justice When an application has been made to the relevant court for an external confiscation order Hong Kong Department of (a) When a magistrate issues a warrant Justice or summons; (b) when a person is charged with an offence; or (c) when an indictment is preferred, and where the application of this section of this column would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times. Iceland The officer, When an application has been made to Ministry, the relevant court for an external department or confiscation order other official body responsible for Justice Page 8 Revised as at 8th day of July, 2003 c Proceeds of Criminal Conduct (Designated Countries) Order SCHEDULE Designated country Appropriate Point at which proceedings for an authority offence are instituted Ireland Department of When an application has been made to Justice the relevant court for an external confiscation order Italy Ministry of Justice (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, and where the application of this section of this column would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times. Japan Ministry of Justice When an application has been made to the relevant court for an external confiscation order Luxembourg The officer, When an application has been made to Ministry, the relevant court for an external department or confiscation order other official body responsible for Justice Mexico Office of the When the Ministerio Publico has Attorney General established that there is probable cause of the Republic to suspect that a person has committed an offence c Revised as at 8th day of July, 2003 Page 9 SCHEDULE Proceeds of Criminal Conduct (Designated Countries) Order Designated country Appropriate Point at which proceedings for an authority offence are instituted Netherlands Afdeling (a) When a pre-trial financial Internationale investigation has been initiated; Rechtshulp (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, and where the application of this section of this column would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times. New Zealand New Zealand When an application has been made to Police Office of the relevant court for an external the Commissioner confiscation order Norway The officer, When an application has been made to Ministry, the relevant court for an external department or confiscation order other official body responsible for Justice Portugal The officer, When an application has been made to Ministry, the relevant court for an external department or confiscation order other official body responsible for Justice Singapore Attorney General’s When an application has been made to Chambers the relevant court for an external confiscation order Page 10 Revised as at 8th day of July, 2003 c Proceeds of Criminal Conduct (Designated Countries) Order SCHEDULE Designated country Appropriate Point at which proceedings for an authority offence are instituted Spain Ministerio de When, by virtue of a judicial resolution, Justicia, Madrid it is decided to proceed against a person for an offence Sweden Ministry of When a public prosecutor has Foreign Affairs 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 When proceedings for an offence are police brought before an examining magistrate Turkey Ministry of Justice When an application has been made to the relevant court for an external confiscation order United Kingdom Secretary of State (a) When a justice of the peace issues for the Home a summons or warrant under section 1 Department 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 Justice (Miscellaneous Provisions) Act, 1933 [UK Act] in a case falling within subsection (2)(b) of that section; and where the application of this section of this column would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times. c Revised as at 8th day of July, 2003 Page 11 SCHEDULE Proceeds of Criminal Conduct (Designated Countries) Order Designated country Appropriate Point at which proceedings for an authority offence are instituted United States of Director of the When an indictment, information or America Office of complaint has been filed against a International person in respect of an offence. Affairs of the Criminal Division of the Department of Justice Publication in consolidated and revised form authorised by the Governor in Cabinet this 8th day of July, 2003. Carmena Watler Clerk of Cabinet Page 12 Revised as at 8th day of July, 2003 c