§ 11D (1) Paragraph 11 E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order.29GC
§ (2) An overseas freezing order is an order prohibiting dealing with property—
- (a) which is in the United Kingdom and is terrorist property, and
- (b) in respect of which an order has been or may be made by a court exercising criminal jurisdiction in that country for the forfeiture of the property on a ground mentioned in sub-paragraph (3),
§ and in respect of which the following requirements of this paragraph are met.
§ (3) The grounds are that—
- (a) the property is likely to be used for the purposes of a listed offence, or
- (b) the property is the proceeds of the commission of such an offence.
§ (4) The order must relate to—
- (a) criminal proceedings instituted in the participating country, or
- (b) a criminal investigation being carried on there.
§ (5) The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question.
§ (6) The certificate must—
- (a) be signed by or on behalf of the court or authority which made or confirmed the order,
- (b) include a statement as to the accuracy of the information given in it,
- (c) if it is not in English, include a translation of it into English (or, if appropriate, Welsh).
§ The signature may be an electronic signature.
§ (7) The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent.
§ (8) An appropriate court or authority in a participating country in relation to an overseas freezing order is—
- (a) a court exercising criminal jurisdiction in the country.
- (b) a prosecuting authority in the country,
- (c) any other authority in the country which appears to the Secretary of State to have the function of making such orders.
§ (9) References in paragraphs 11E to 11G to an overseas freezing order include its accompanying certificate.