The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Jersey) Order 1997

Enforcement of orders for the preservation or restitution of property

18.—(1) Where the Secretary of State receives from either of the International Tribunals—

(a) an order for provisional measures for the preservation and protection of property or the proceeds of property, or

(b) an order for the restitution of property or the proceeds of property,

and the property is, or, as the case may be, the proceeds are, believed to be in Jersey, the Secretary of State shall append to the order a direction that it be registered for enforcement in Jersey.

(2) The court shall register the order on the application of the person entitled to enforce it; but—

(a) where it is shown that an order has been partly complied with at the date of application for its registration, the court shall register the order only so far as it has not been complied with at that date, and

(b) where, after the date of registration of an order, it is shown that the order had been partly or wholly complied with at that date, the court shall vary or cancel the registration of the order accordingly with effect from that date.

(3) For the purposes of enforcement of an order registered under this article—

(a) the order shall have the same force and effect,

(b) the court shall have in relation to its enforcement the same powers, and

(c) proceedings for or with respect to its enforcement may be taken,

as if the court had originally made the order.

(4) Where the International Tribunal concerned makes an order (a “suspending order”) that enforcement of a registered order be suspended, the suspending order shall, on its production to the court, be registered immediately; and—

(a) the suspending order shall have effect as if it had been an order made by the court which stayed the execution of the original registered order for the same period and on the same conditions as are stated in the suspending order, and

(b) while the suspending order remains in force, no steps shall be taken to enforce the original registered order.

(5) The reasonable costs and expenses of and incidental to the registration of an order under this article (including any variation or cancellation of the registration) shall be recoverable as if they were sums recoverable under the order.

(6) In this article and article 19 “the court” means the Royal Court.