Drug Trafficking Offences (Designated Countries and Territories) Order, 1996

The Government of The Virgin Islands issued this Statutory Instrument to designate specific countries and territories for the application of its Drug Trafficking Offences Act. The Order establishes legal mechanisms for recognizing and enforcing external confiscation orders from designated jurisdictions, including provisions for evidence authentication and currency conversion. It further defines the appropriate authorities for international cooperation and outlines how recovered property in designated countries reduces the amount payable under local confiscation orders.

British Virgin Islands

British Virgin Islands Financial Services Commission

VIRGIN ISLANDS DRUG TRAFFICKING OFFENCES ACT Statutory Instruments Revised Edition showing the law as at 30 June 2013 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act 2014. This edition contains a consolidation of the following laws— Page DRUG TRAFFICKING OFFENCES (DESIGNATED COUNTRIES AND TERRITORIES) ORDER 3 S.I. 65/1996 .. in force 24 January 1997 Amended by Act 6 of 2010 .. in force 24 September 2010

Published in 2014 On the authority and on behalf of the Government of The Virgin Islands by The Regional Law Revision Centre Inc. For information contact— Attorney General’s Chambers 4th Floor, TTT Building Wickhams Cay 1 P.O. Box 242 Road Town Tortola, VG1110 British Virgin Islands Tel: (284) 468 – 2960 Fax: (284) 468 – 2983 Email: agc@gov.vg Printed on the authority and on behalf of the Government of The Virgin Islands by The Regional Law Revision Centre Inc. P.O. Box 1626, Hannah-Waver House, Caribbean Commercial Centre, The Valley, AI-2640, Anguilla Authorised Printers for this Revised Edition

Citation
Interpretation
Designation of and application of the Act to countries and territories
Proof of orders and judgement of court in a designated country
Evidence in relation to proceedings and orders in a designated country
Certificate as to appropriate authority of a designated country
Representation of government of a designated country
Satisfaction of confiscation order in a designated country
Currency conversion SCHEDULE 1: Designated Countries SCHEDULE 2: Drug Trafficking Act, 1992 as Modified

This Order may be cited as the Drug Trafficking Offences (Designated Countries and Territories) Order. Interpretation
In this Order, unless the context otherwise requires— “a court of a designated country” includes a court of any state or territory of a designated country; “appropriate authority of a designated country” means— (a) the authority specified opposite that country in Schedule 1; or (b) where no authority is so specified the authority appearing to the court to be the appropriate authority of that country for the purposes of sections 24 and 25 of the Act, and of the other provisions of the Act as applied under section 3(2); “designated country” means a country or territory designated under section 3(1); and “the Act” means the Drug Trafficking Offences Act. Designation of and application of the Act to countries and territories
(1) The countries and territories specified in Schedule 1 are designated for the purposes of sections 24 and 25 of the Act. (2) In relation to a designated country the Act shall apply, subject to the modifications specified in Schedule 2, to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there, and in relation to those orders and proceedings, the Act shall have effect as set out in Schedule 3. Proof of orders and judgment of court in a designated country
(1) For the purposes of sections 24 and 25 of the Act, and of the other provisions of the Act as applied under section 3(2)— (a) any order made or judgment given by a court in a designated country purporting to bear the seal of that court or to be signed by a person in his capacity as a Judge, Magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and (b) a document, duly authenticated, which purports to be a copy of any order made or judgement given by a court in a designated country shall be deemed without further proof to be a true copy.

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Drug Trafficking Offences 6 (Designated Countries and Territories) Order Revision Date: 30 June 2013 LAW OF VIRGIN ISLANDS (2) A document which purports to be a copy of any order made or judgment given by a court in a designated country is duly authenticated for the purpose of subsection 1(b) if it purports to be certified by a person in his or her capacity as a Judge, Magistrate or officer of the court in question or by or on behalf of the appropriate authority of the designated country. Evidence in relation to proceedings and orders in a designated country 5. (1) For the purposes of section 24 and 25 of the Act and of the other provisions of the Act as applied under section 3(2), a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating— (a) that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, there; (b) in a case to which section 2(1)(e)(ii) of the Act, as modified by Schedule 2, applies, that the defendant has been notified as specified in section 2(1)(e)(ii); (c) that an external confiscation order is in force and is not subject to appeal; (d) that all or a certain amount of the sum payable under an external confiscation order remains unpaid in the designated country, or that other property recoverable under an external confiscation order remains unrecovered there; (e) that any person has been notified of any proceedings in accordance with the law of the designated country; or (f) that an order (however described) made by a court of the designated country has the purpose of recovering payments or other reward received in connection with drug trafficking or their value, shall, in any proceedings in the High Court, be admissible as evidence of the facts so stated. (2) In such proceedings a statement contained in a document, duly authenticated which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court in a designated country, shall be admissible as evidence of the facts stated therein. (3) A document is duly authenticated for the purposes of subsection (2) if it purports to be certified by a person in his or her capacity as a Judge, Magistrate or officer of the court in a designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document. (4) Nothing in this section shall prejudice the admission of any evidence, whether contained in a document or otherwise, which is admissible apart from this section. Certificate as to appropriate authority of a designated country 6. Where, in relation to country no authority is specified in Schedule 1, a certificate made by the Governor to the effect that the authority specified therein is the appropriate

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAW OF VIRGIN ISLANDS Drug Trafficking Offences (Designated Countries and Territories) Order 7 Revision Date: 30 June 2013 [Statutory Instrument] authority for the purpose of sections 24 and 25 of the Act, and of the other provisions of the Act as applied by section 3(2) shall be sufficient evidence of that fact. Representation of government of a designated country 7. A request for assistance sent to the Governor by the appropriate authority of a designated country shall, unless appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the designated authority of the government of that country for the Crown Prosecution Service or the Commissioner of Customs to act on its behalf in proceedings in the High Court under section 25 of the Act or any other provision of the Act as applied by section 3(2). (Amended by Act 6 of 2010) Satisfaction of confiscation order in a designated country 8. (1) The amount payable under the confiscation order shall be treated as reduced by the value of the property so recovered, where— (a) a confiscation order has been made under section 5 of the Act; (b) a request has been sent by the Governor to the appropriate authority of a designated country for assistance in enforcing that order; and (c) in execution of that request property is recovered in that country. (2) For the purpose of this section, and without prejudice to the admissibility of any evidence which may be admissible apart from this subsection, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating that property has been recovered there in execution of a request by the Governor stating the value of the property so recovered and the date on which it was recovered shall, in any proceedings in a court in the Territory, be admissible as evidence of the facts so stated. Currency conversion 9. (1) Where the value of property recovered as described in section 8(1) is expressed in a currency other than the currency of the United States of America, the extent to which the amount payable under the confiscation order is to be reduced under section 8(1) shall be calculated on the basis of the exchange rate prevailing on the date on which the property was recovered in the designated country concerned. (2) Where an amount of money payable or remaining to be paid under an external confiscation order registered in the High Court under section 25 of the Act is expressed in a currency other than the currency of the United States of America, for the purpose of an action taken in relation to that order under the Act as applied under section 3(2), the amount shall be converted into the currency of the United States of America on the basis of the exchange rate prevailing on the date of registration of the order. (3) For the purposes of this section a written certificate purporting to be signed by a person acting in his or her capacity as an officer of a bank in the Territory and stating the exchange rate prevailing on a specified date shall be admissible as evidence of the facts so stated.

(Omitted) Interpretation
(1) In this Act, unless the context otherwise requires— “corresponding law” has the meaning assigned thereto by section 3; “Court” means the High Court; “drug trafficking” means doing or being concerned in any of the following whether in the Territory or elsewhere— (a) producing or supplying a controlled drug where the production or supply contravenes section 6(1) and (2) of the Drugs (Prevention of Misuse) Act, or a corresponding law; (b) transporting or storing a controlled drug where possession of the drug contravenes section 7(1) of the Drugs (Prevention of Misuse) Act, or a corresponding law; (c) importing or exporting a controlled drug where the importation or exportation is prohibited by section 5(1) of the Drugs (Prevention of Misuse) Act, or a corresponding law; (d) entering into or being otherwise concerned in an arrangement whereby— (i) the retention or control by or on behalf of another of the proceeds of drug trafficking by him or her is facilitated; or (ii) the proceeds of drug trafficking by another are used to secure that funds are placed at his or her disposal or are used for his or her benefit to acquire property by way of investment; (e) manufacturing or supplying a scheduled substance within the meaning of section 11 of the Criminal Justice (International Co-operation) Act where the manufacture of supply is an offence under this section. “interest”, in relation to property, includes right; “police officer” includes, in relation to drug trafficking or drug trafficking offences, the Director or an investigating officer of the Agency; (Inserted by Act 2 of 2008) “property” includes money and all other property, real or personal, including things in action and other intangible property. (2) The expressions listed in column one below are respectively defined or (as the case may be) fall to be construed in accordance with the provision of this Act listed in column two in relation to those expressions.

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Drug Trafficking Offences 12 (Designated Countries and Territories) Order Revision Date: 30 June 2013 LAW OF VIRGIN ISLANDS COLUMN ONE COLUMN TWO Charging order …………………………………………… Section 19(2) External Confiscation Order……………………………… Section 5(3) Dealing with property ……………………………………. Section 18(8) Defendant ………………………………………………… Section 5(3) Gift caught by this Act …………………………………… Section 4(8) Making a gift ……………………………………………... Section 4(9) Realisable property ………………………………………. Section 4(1) Restraint order ……………………………………………. Section 18(1) Value of gift, payment or reward ………………………… Section 4(5) Value of proceeds of drug trafficking …………………… Section 4(5) Value of property ………………………………………… Section 4(4) (3) This Act applies to property whether it is situated in the Territory or elsewhere. (4) (Omitted) (5) References in this Act to anything received in connection with drug trafficking include a reference to anything received both in that connection and in some other connection and whether received before or after the commencement of the Drug Trafficking Offences (Designated Countries and Territories) Order and whether received in connection with drug trafficking carried on by the recipient or some other person. (6) The following provisions shall have effect for the interpretation of this Act— (a) property is held by any person if he or she holds any interest in it; (b) references to property held by a person include a reference to property vested in his or her trustee in bankruptcy or liquidator; (c) references to an interest held by a person beneficially in property include a reference to an interest which would be held by him or her beneficially if the property were not so vested; (d) property is transferred by one person to another if the first person transfers or grants to the other any interest in the property; (e) proceedings are instituted in a designated country when— (i) under the law of the designated country concerned one of the steps specified in relation to that country in Column 2 of the Appendix hereto has been taken in respect of alleged drug trafficking by the defendant; (ii) where no steps have been specified in relation thereto as mentioned in subparagraph (i), the defendant has been notified in writing in accordance with the laws of the designated country that the competent authorities of that country have begun proceedings against him in respect of an offence; or (iii) an application has been made to a court in a designated country for an external confiscation order,

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAW OF VIRGIN ISLANDS Drug Trafficking Offences (Designated Countries and Territories) Order 13 Revision Date: 30 June 2013 [Statutory Instrument] and where the application of this section 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; (f) proceedings for an offence are concluded— (i) when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a confiscation order being made in the proceedings; (ii) on the satisfaction of a confiscation order made in the proceedings (whether by the recovery of all property liable to be recovered, or the payment of any amount due, or otherwise). (7) An order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order would be varied or set aside. (8) Without prejudice to the provisions of any other law, the powers exercisable by the Court are exercisable by the Court of Appeal on appeal from the Court. Meaning of “corresponding law” 3. (1) In this Act the expression “corresponding law” means— (a) a law stated in a certificate purporting to be issued by or on behalf of the Government of a country outside the Territory to be a law providing for the control and regulation in that country of the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30 March 1961; or (b) a law providing for the control and regulation in that country of the production, supply, use, export and import of dangerous or otherwise harmful drugs in pursuance of any treaty, convention or other agreement or arrangement to which the Government of the country and the Government of the United Kingdom of Great Britain and Northern Ireland, including the Territory, are for the time being parties. (2) A statement in any such certificate as aforesaid to the effect that any facts constitute an offence against the law mentioned in the certificate shall be conclusive evidence of the matters stated. Provisions as to profit 4. (1) In this Act, “realisable property” means, subject to subsection (2)— (a) any property held by the defendant; and (b) any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Act. (2) Property is not realizable property if an order— (a) under section 29 of the Drugs (Prevention of Misuse) Act; (b) under section 37B of the Proceeds of Criminal Conduct Act;

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Drug Trafficking Offences 14 (Designated Countries and Territories) Order Revision Date: 30 June 2013 LAW OF VIRGIN ISLANDS (c) under article 15 of the Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order; or (d) made pursuant to any other enactment, is in force in respect of the property. (Substituted by Act 2 of 2008) (3) (Omitted) (4) Subject to the following provisions of this section, for the purposes of this Act the value of property (other than cash) in relation to any person holding the property— (a) where any other person holds an interest in the property, is— (i) the market value of the first-mentioned person’s beneficial interest in the property; less (ii) the amount required to discharge an incumbrance “(other than a charging order under this Act, the Proceeds of Criminal Conduct Act or any other enactment) on that interest; and (Amended by Act 2 of 2008) (b) in any other case, is its market value. (5) Subject to subsection (9), references in this Act to the value at any time (referred to in subsection (6) as “the material time”) of a gift caught by this Act or of any payment or reward are references to— (a) the value of the gift, payment or reward to the recipient when he or she received it adjusted to take account of subsequent changes in the value of money; or (b) where subsection (6) applies, the value there mentioned, whichever is the greater. (6) Subject to subsection (9), if, at the material time the recipient holds— (a) the property which he or she received (not being cash); (b) property which, in whole or in part, directly or indirectly represents in his or her hands the property which he or she received, the value referred to in subsection (5)(b) is the value to him or her at the material time of the property mentioned in paragraph (a) or, as the case may be, of the property mentioned in paragraph (b) so far as it represents the property which he or she received, but disregarding in either case any charging order. (7) (Omitted) (8) A gift (including a gift made before the coming into operation of the Drug Trafficking Offences (Designated Countries and Territories Order) is caught by this Order if— (a) it was made by the defendant at any time since the beginning of the period of 6 years ending when the proceedings were instituted against him or her; or (b) it was made by the defendant at any time and was a gift of property—

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAW OF VIRGIN ISLANDS Drug Trafficking Offences (Designated Countries and Territories) Order 15 Revision Date: 30 June 2013 [Statutory Instrument] (i) received by the defendant in connection with drug trafficking carried on by him or her or another; or (ii) which in whole or in part directly or indirectly represented in the defendant’s hands property received by him or her in that connection. (9) For the purposes of the Designated Countries and Territories Order— (a) the circumstances in which the defendant is to be treated as making a gift include those where he or she transfers property to another person directly or indirectly for a consideration the value of which is significantly less than the value of the consideration provided by the defendant; and (b) in those circumstances, the preceding provisions of this section shall apply as if the defendant had made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values referred to in paragraph (a) bears to the value of the consideration provided by the defendant. External Confiscation orders 5. (1) An order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value is referred to in this Act as an “external confiscation order.” (2) In subsection (1) the reference to an order includes any order, decree, direction or judgment, or any part thereof, however described. (3) A person against whom an external confiscation order has been made, or a person against whom proceedings which may result in an external confiscation order being made have been, or are to be, instituted in a court in a designated country, is referred to in this Act as “the defendant.” 6. to 16.(Omitted) Cases in which restraint orders and charging orders may be made 17. (1) The powers conferred on the court by sections 18 and 19 are exercisable where— (a) proceedings have been instituted against the defendant in a designated country (b) the proceedings have not been concluded; and (c) either an external confiscation order has been made in the proceedings or it appears to the Court that there are reasonable grounds for believing that an external confiscation order may be made in them. (2) The powers conferred on the court by sections 18 and 19 are also exercisable where— (a) the court is satisfied that, whether by the laying of an information or otherwise, a person is to be charged with a drug trafficking offence or that an application of a kind mentioned in subsection (1)(a) is to be made in respect of the defendant; and

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Drug Trafficking Offences 16 (Designated Countries and Territories) Order Revision Date: 30 June 2013 LAW OF VIRGIN ISLANDS (b) the court is also satisfied as mentioned in subsection (1)(c). (Substituted by Act 5 of 2000) The powers conferred on the court by sections 18 and 19 are also exercisable where it appears to the court proceedings are to be instituted against the defendant in a designated country and that there are reasonable grounds for believing that an external confiscation order may be made in them. (3) (Omitted) (4) Where the court has made an order under section 18 and 19 by virtue of subsection (2), the court shall discharge the order if the proposed proceedings are not instituted. (5) Where the court has made an order under section 18(1) or 19(1) in relation to a proposed application by virtue of subsection (2) herein, the court shall discharge the order if the application is not made within such time as the court considers reasonable. (Inserted by Act 5 of 2000) (6) The court shall not exercise the powers under section 18(1) or 19(1) by virtue of subsection (1) herein, if it is satisfied that— (a) there has been undue delay in continuing the proceedings or application in question; or (b) the prosecutor does not intend to proceed. (Inserted by Act 5 of 2000) Restraint orders 18. (1) The court may by order (in this Act referred to as a “restraint order”) prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order. (2) A restraint order may apply— (a) to all realisable property held by a specified person, whether the property is described in the order or not; and (b) to realisable property held by a specified person, being property transferred to him or her after making of the order. (3) This section shall not have effect in relation to any property for the time being subject to a charge under section 19. (4) A restraint order— (a) may be made only on an application by the prosecutor; (Amended by Act 2 of 2008) (b) may be made on an ex parte application to a Judge or Magistrate in chambers; and (Amended by Act 2 of 2008) (c) shall provide for notice to be given to persons affected by the order. (5) A restraint order— (a) may be discharged or varied in relation to any property; and (b) shall be discharged on the conclusion of the proceedings or of the application in question. (Substituted by Act 5 of 2000)

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAW OF VIRGIN ISLANDS Drug Trafficking Offences (Designated Countries and Territories) Order 17 Revision Date: 30 June 2013 [Statutory Instrument] (6) An application for the discharge or variation of a restraint order may be made by any person affected by it. (7) Where the court has made a restraint order, the court may at any time appoint a receiver— (a) to take possession of any realisable property; and (b) in accordance with the court’s directions, to manage or otherwise deal with the property in respect of which he or she is appointed, subject to such conditions and exceptions as may be specified by the court; and may require any person having possession of property in respect of which a receiver is appointed under this section to give possession of the property to the receiver. (8) For the purposes of this section, dealing with property held by any person includes (without prejudice to the generality of the expression)— (a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and (b) removing property from the Territory. (9) Where the court has made a restraint order, a police officer may for the purpose of preventing any realisable property being removed from the Territory seize the property. (10) Property seized under subsection (9) shall be dealt with in accordance with the court’s directions. (11) The Title by Registration Act and the Registered Land Ordinance, shall apply— (a) in relation to restraint orders, as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognisances; and (b) in relation to applications for restraint orders, as they apply in relation to other pending land actions. (12) The prosecutor shall be treated for the purposes of section 124 of the Registered Land Ordinance (inhibitions) as a person interested in relation to any registered land to which a restraint order or an application for such an order relates. Charging orders in respect of land, securities, etc. 19. (1) The court may make a charging order on realisable property for securing the payment to the Crown— (a) where a confiscation order has not been made, of an amount equal to the value from time to time of the property charged; and (b) in any other case, of an amount not exceeding the amount payable under the confiscation order. (2) For the purposes of this Act, a charging order is an order made under this section imposing on any such realisable property as may have been specified in the order a charge for securing the payment of money to the Crown. (3) A charging order—

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Drug Trafficking Offences 18 (Designated Countries and Territories) Order Revision Date: 30 June 2013 LAW OF VIRGIN ISLANDS (a) may be made only on an application by the prosecutor; (Amended by Act 2 of 2008) (b) may be made on an ex parte application to a Judge in chambers; (c) shall provide for notice to be given to persons affected by the order; and (d) may be made subject to such conditions as the court thinks fit and, without prejudice to the generality of this paragraph, such conditions as it thinks fit as to the time when the charge is to become effective. (4) Subject to subsection (6), a charge may be imposed by a charging order only on— (a) any interest in realisable property, being an interest held beneficially by the defendant or by a person to whom the defendant has directly or indirectly made a gift caught by this Act in any asset of a kind mentioned in subsection (5); or (b) any interest in realisable property held by a person as trustee of a trust if the interest is in such an asset, or is an interest under another trust and a charge may by virtue of paragraph (a) be imposed by a charging order on the whole beneficial interest under the first-mentioned trust. (5) The assets referred to in subsection (4) are— (a) land in the Territory, or (b) securities of any of the following kinds— (i) Government stock; (ii) stock of any body (other than a building society) incorporated within the Territory; (iii) stock of any body incorporated outside the Territory, being stock registered in a register kept within the Territory; (iv) units of any unit trust in respect of which a register of the unit holders is kept within the Territory. (6) In any case where a charge is imposed by a charging order on any interest in an asset of a kind mentioned in subsection (5)(b), the court may provide for the charge to extend to any interest or dividend payable in respect of that asset. (7) In relation to a charging order, the court— (a) may make an order discharging or varying it; and (b) shall make an order discharging it— (i) on the conclusion of the proceedings or of the application in question; or (ii) on payment into court of the amount payment of which is secured by the charge. (Substituted by Act 5 of 2000) (8) An application for the discharge or variation of a charging order may be made by any person affected by it.

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAW OF VIRGIN ISLANDS Drug Trafficking Offences (Designated Countries and Territories) Order 19 Revision Date: 30 June 2013 [Statutory Instrument] Charging orders: supplementary provisions 20. Subject to any provision made under section 21 or by rules of court, a charge imposed by a charging order shall have the like effect and shall be enforceable in the same courts and in the same manner as an equitable charge created by the person holding the beneficial interest or, as the case may be, the trustees by writing under their hand. Realisation of property 21. (1) Where a confiscation order— (a) has been made under this Act; (b) is not satisfied; and (c) is not subject to appeal, the court may, on application by the prosecutor, exercise the powers conferred by subsections (2) to (6). (Substituted by Act 5 of 2000) (2) The court may appoint a receiver in respect of realisable property. (3) The court may empower a receiver appointed under subsection (2), under section 18 or in pursuance of a charging order— (a) to enforce any charge imposed under section 19 on realisable property or on interest or dividends payable in respect of such property; and (b) in relation to any realisable property other than property for the time being subject to a charge under section 19, to take possession of the property subject to such conditions or exceptions as may be specified by the court. (4) The court may order any person having possession of realisable property to give possession of it to any such receiver. (5) The court may empower any such receiver to realise any realisable property in such manner as the court may direct. (6) The court may order any person holding an interest in realisable property to make such payment to the receiver in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of a gift caught by this Act as the court may direct and the court may on the payment being made, by order transfer, grant or extinguish any interest in the property. (7) Subsections (4) to (6) do not apply to property for the time being subject to a charge under section 19. (8) The court shall not in respect of any property exercise the powers conferred by subsections (3)(a), (5) or (6) unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court. Application of proceeds of realisation and other sums 22. (1) Subject to subsection (2), the following sums in the hands of a receiver appointed under section 18 or 19 or in pursuance of a charging order, that is—

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Drug Trafficking Offences 20 (Designated Countries and Territories) Order Revision Date: 30 June 2013 LAW OF VIRGIN ISLANDS (a) the proceeds of the enforcement of any charge imposed under section 19; (b) the proceeds of the realisation, other than by the enforcement of such a charge, of any property under section 18 or 21; and (c) any other sums, being property held by the defendant, shall, first be applied in payment of such expenses incurred by a person acting as a receiver or a liquidator as are payable under section 27(2) and then shall after such payments (if any) as the court may direct have been made out of those sums, be applied on the defendant’s behalf towards the satisfaction of the confiscation order. (2) Where a fixed amount is payable under the external confiscation order and after that amount has been fully paid, any such sums remain in the hands of such a receiver, the receiver shall distribute those sums— (a) amongst those who held property which has been realised under this Act; and (b) in such proportions, as the court may direct after giving a reasonable opportunity for such persons to make representations to the court. (3) The receipt of any sum by the Registrar of the court on account of an amount payable under a confiscation order shall reduce the amount so payable, but the Registrar of the court shall apply the money received for the purposes specified in this section and in the order so specified. (4) The Registrar of the court shall first pay any expenses incurred by a person acting as a receiver or a liquidator and payable under section 27(2) but not already paid under subsection (1). (5) If the money was paid to the Registrar of the court by a receiver appointed under section 18 or 21 or in pursuance of a charging order, the Registrar of the court shall next pay the receiver’s remuneration and expenses. (6) After making— (a) any payment required by subsection (4); and (b) in a case to which subsection (5) applies, any payment required by that subsection, the Registrar of the court shall reimburse any amount paid under section 27(2). (7) Any balance in the hands of the Registrar of the court after he or she has made all payments required by the foregoing provisions of this section shall be treated as if it were a fine imposed by the court. (8) The receipt, payment or reimbursement by the Registrar of the court of any sums or expenses under this section shall, in relation to the Magistrate’s Court, be construed to refer to the Magistrate or to such other person of his or her staff as may be appointed in that regard to assist the Magistrate. (Inserted by Act 2 of 2008)

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAW OF VIRGIN ISLANDS Drug Trafficking Offences (Designated Countries and Territories) Order 21 Revision Date: 30 June 2013 [Statutory Instrument] Exercise of powers by court or receiver 23. (1) The following provisions apply to the powers conferred on the court by sections 18 to 22, or on a receiver appointed under section 18 or 21 or in pursuance of a charging order. (2) Subject to the following provisions of this section, the powers shall be exercised with a view to making available for satisfying the confiscation order, or, as the case may be, any confiscation order that may be made in the defendant’s case, the value for the time being of realisable property held by any person by the realisation of such property. (3) In the case of realisable property held by a person to whom the defendant has directly or indirectly made a gift caught by this Act, the powers shall be exercised with a view to realising no more than the value for the time being of the gift. (4) The powers shall be exercised with a view to allowing any person other than the defendant or the recipient of any such gift to retain or recover the value of any property held by him or her. (5) An order may be made or other action taken in respect of a debt owed by the Crown. (6) In exercising those powers, no account shall be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the confiscation order. 24. (Omitted) Bankruptcy of defendant, etc. 25. (1) Where a person who holds realisable property is adjudged bankrupt— (a) property for the time being subject to a restraint order made before the order adjudging him or her bankrupt; and (b) any proceeds of property realised by virtue of section 18(6) or 21(5) or (6) for the time being in the hands of a receiver appointed under section 18 or 21, is excluded from the property of the bankrupt for the purposes of the Insolvency Act. (Amended by Act 2 of 2008) (2) Where a person has been adjudged bankrupt, the powers conferred on the Court by sections 11 to 22 or on a receiver so appointed shall not be exercised in relation to— (a) property of the bankrupt for the time being for the purposes of the Insolvency Act; and (Amended by Act 2 of 2008) (b) property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed pursuant to the Insolvency Act. (Amended by Act 2 of 2008) (3) Subsection (2) does not affect the enforcement of a charging order— (a) made before the order adjudging the person bankrupt; or (b) on property which was subject to a restraint order when the order adjudging him or her bankrupt was made.

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai Drug Trafficking Offences 22 (Designated Countries and Territories) Order Revision Date: 30 June 2013 LAW OF VIRGIN ISLANDS (4) Where, in the case of a debtor, a receiver or liquidator is appointed in his or her case or in relation to him or her under the Insolvency Act and any property of the debtor is subject to a restraint order, the powers conferred on the receiver or liquidator by virtue of that Act shall not apply to property for the time being subject to the restraint order. (Substituted by Act 2 of 2008) (5) Where a person is adjudged bankrupt and has directly or indirectly made a gift caught by this Act— (a) no order shall be made under the Insolvency Act in respect of the making of the gift at any time when— (i) proceedings for a drug trafficking offence have been instituted against him or her and have not been concluded; (ii) an application has been made in respect of the defendant under section 11, 13, 14 or 15 or section 13 of the Criminal Justice (International Co-operation) Act and has not been concluded; or (b) any order made under the Insolvency Act after the conclusion of the proceedings or of the application shall take into account any realisation under this Act of property held by the person to whom the gift was made. (Amended by Acts 5 of 2000 and 2 of 2008) Winding up of company holding realisable property 26. (1) Where realisable property is held by a company and an order for the winding up of the company has been made or a resolution has been passed by the company for the voluntary winding up, the functions of the liquidator (or any provisional liquidator) shall not be exercisable in relation to— (a) property for the time being subject to a restraint order made before the relevant time; and (b) any proceeds of property realised by virtue of section 18(6) or 21(5) or (6) for the time being in the hands of a receiver appointed under section 18 or 21. (2) Where, in the case of a company, such an order has been made or such a resolution has been passed, the powers conferred on the court by sections 18 to 22 or on a receiver so appointed shall not be exercised in relation to any realisable property held by the company in relation to which the functions of the liquidator are exercisable— (a) so as to inhibit him or her from exercising those functions for the purpose of distributing any property held by the company to the company creditors; or (b) so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property. (3) Subsection (2) does not affect the enforcement of a charging order made before the relevant time or on property which was subject to a restraint order at the relevant time. (4) In this section—

© Government of The Virgin Islands Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAW OF VIRGIN ISLANDS Drug Trafficking Offences (Designated Countries and Territories) Order 23 Revision Date: 30 June 2013 [Statutory Instrument] “company” means any company which may be wound up under the BVI Business Companies Act; and (Amended by Act 2 of 2008) “the relevant time” means— (a) where no order for the winding up of the company has been made, the time of the passing of the resolution for voluntary winding up; (b) where such an order has been made and, before the presentation of the petition for the winding up of the company by the Court, such a resolution had been passed by the company, the time of the passing of the resolution; and (c) in any other case where such an order has been made, the time of the making of the order. Receivers and liquidators dealing with property subject to restraint order 27. (1) Without prejudice to the generality of any provisions contained in the Insolvency Act or any other enactment, where— (a) a person acting as a receiver or liquidator seizes or disposes of any property in relation to which his or her functions are not exercisable because it is for the time being subject to a restraint order; and (b) at the time of the seizure or disposal he or she believes, and has reasonable grounds for believing, that he or she is entitled (whether in pursuance of an order of the court or otherwise) to seize or dispose of that property, he or she shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his or her negligence in so acting and a person so acting shall have a lien on the property, or the proceeds of its sale, for such of his or her expenses as were incurred in connection with the liquidation, bankruptcy or other proceedings in relation to which the seizure or disposal purported to take place and for so much of his or her remuneration as may reasonably be assigned for his or her acting in connection with those proceedings. (Amended by Act 2 of 2008) (2) Any person who, acting as a receiver or liquidator incurs expenses— (a) in respect of such property as is mentioned in subsection 1(a) and in so doing does not know, and has no reasonable grounds to believe that the property is for the time being subject to a restraint order; or (b) other than in respect of such property as is so mentioned, being expenses which but for the effect of a restraint order, might have been met by taking possession of and realising the property, shall be entitled (whether or not he or she has seized or disposed of that property so as to have a lien under that subsection) to payment of those expenses under section 22. (3) In this Act, the expression “acting as a receiver or liquidator” shall be construed in accordance with the provisions of the Insolvency Act, and the BVI Business Companies Act. (Substituted by Act 2 of 2008)