The Drug Trafficking Act 1994 (Designated Countries and Territories) Order 1996

producing or supplying a controlled drug where the production or supply contravenes section 4(1) of the Misuse of Drugs Act 19715, or a corresponding law;

transporting or storing a controlled drug where possession of the drug contravenes section 5(1) of that Act or a corresponding law;

importing or exporting a controlled drug where the importation or exportation is prohibited by section 3(1) of that Act or a corresponding law;

manufacturing or supplying a scheduled substance within the meaning of section 12 of the Criminal Justice (International Co-operation) Act 19906 where the manufacture or supply is an offence under that section or would be such an offence if it took place in England and Wales;

using any ship for illicit traffic in controlled drugs in circumstances which amount to the commission of an offence under section 19 of that Act;

conduct which is an offence under section 49 of this Act or which would be such an offence if it took place in England and Wales;

acquiring, having possession of or using property in circumstances which amount to the commission of an offence under section 51 of this Act or which would amount to such an offence if it took place in England and Wales.

the retention or control by or on behalf of another person of the other person’s proceeds of drug trafficking is facilitated; or

the proceeds of drug trafficking by another person are used to secure that funds are placed at the other person’s disposal or are used for the other person’s benefit to acquire property by way of investment.

in relation to an external confiscation order made in respect of specified property, the property which is specified in the order; and

section 27 of the Misuse of Drugs Act 1971 (forfeiture orders);

section 43 of the Powers of Criminal Courts Act 19737 (deprivation orders);

section 21 or 22 of the Proceeds of Crime (Scotland) Act 19958 (forfeiture of property);

section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 19899 (forfeiture orders).

the market value of the first-mentioned person’s beneficial interest in the property, less

the amount required to discharge any incumbrance (other than a charging order) on that interest.

the value of the gift, payment or reward to the recipient when he received it, adjusted to take account of subsequent changes in the value of money, or

where subsection (3) below applies, the value there mentioned, whichever is the greater.

the property which he received (not being cash), or

property which in whole or in part, directly or indirectly represents in his hands the property which he received,

it was made by the defendant at any time since the beginning of the period of six years ending when the proceedings were instituted against him; or

the circumstances in which the defendant is to be treated as making a gift include those where he 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

in those circumstances, the provisions of subsection (1) above and of section 7 of this Act 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) above bears to the value of the consideration provided by the defendant.

proceedings have been instituted against the defendant in a designated country;

the proceedings have not been concluded; and

the court is satisfied that there is reasonable cause to believe that the defendant has benefited from drug trafficking.

where an application under subsection (4) below relates to an external confiscation order made in respect of specified property, to property which is specified in that order; and

may be made only on an application by or on behalf of the government of a designated country or, in a case where an external confiscation order has been registered under section 40 of this Act, by a Crown Prosecutor or a person authorised in that behalf by the Commissioners of Customs and Excise;

may be made on an ex parte application to a judge in chambers; and

shall provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct.

may be discharged or varied in relation to any property; and

shall be discharged when the proceedings in relation to which the order was made are concluded.

may require any person having possession of property in respect of which a receiver is appointed under this section to give possession of it to the receiver.

where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and

removing the property from England and Wales.

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

in relation to applications for restraint orders, as they apply in relation to other pending land actions.

where a fixed amount is payable under an external confiscation order, of an amount not exceeding the amount so payable, and

in any other case, of an amount equal to the value from time to time of the property charged.

may only be made on an application by or on behalf of the government of a designated country or, in a case where an external confiscation order has been registered under section 40 of this Act, by a Crown Prosecutor, or a person authorised in that behalf by the Commissioners of Customs and Excise;

may be made on an ex parte application to a judge in chambers;

shall provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct; and

may be made subject to such conditions as the court thinks fit including, 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.

any interest in realisable property held by a person as trustee of a trust (“the relevant 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) above be imposed by a charging order on the whole beneficial interest under the relevant trust.

land in England and Wales; or

may make an order discharging or varying it; and

to enforce any charge imposed under section 27 of this Act on realisable property or on interest or dividends payable in respect of such property; and

in relation to any realisable property other than property for the time being subject to a charge under section 27 of this Act, to take possession of the property subject to such conditions or exceptions as may be specified by the court.

order any person holding an interest in realisable property to make to the receiver such payment as it may direct 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; and

on the payment being made, by order transfer, grant or extinguish any interest in the property.

the proceeds of the enforcement of any charge imposed under section 27 of this Act,

the proceeds of the realisation, other than by the enforcement of such a charge, of any property under section 26 or 29 of this Act, and

any other sums, being property held by the defendant,

first, in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under section 35(3) of this Act; and

second, in making such payments (if any) as the High Court may direct.

among such of those who held property which has been realised under this Act, and

in such proportions,

any payment required by subsection (5) above, and

in a case to which subsection (6) above applies, any payment required by that subsection,

on the High Court by sections 26 to 30 of this Act; or

on a receiver appointed under section 26 or 29 of this Act or in pursuance of a charging order.

property for the time being subject to a restraint order made before the order adjudging him bankrupt, and

any proceeds of property realised by virtue of section 26(7) or 29(5) or (6) of this Act for the time being in the hands of a receiver appointed under section 26 or 29 of this Act,

property for the time being comprised in the bankrupt’s estate for the purposes of Part IX of the 1986 Act;

property in respect of which his trustee in bankruptcy may (without leave of the court) serve a notice under section 307, 308 or 308A of that Act (after—acquired property and tools, clothes etc. exceeding value of reasonable replacement, and certain tenancies); and

property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under section 280(2)(c) of that Act;

made before the order adjudging the person bankrupt; or

on property which was subject to a restraint order when the order adjudging him bankrupt was made.

no order shall be made under section 339 or 423 of the 1986 Act (avoidance of certain transactions), in respect of the making or the gift, at any time when property of the person to whom the gift was made is subject to a restraint order or charging order; and

any order made under section 339 or 423 after the discharge of the restraint or charging order shall take into account any realisation under this Act of property held by the person to whom the gift was made.

for the reference to the bankrupt’s estate for the purposes of Part IX of the 1986 Act there were substituted a reference to the property of the bankrupt for the purposes of the Bankruptcy Act 1914;

for the reference to section 280(2)(c) of the 1986 Act there were substituted a reference to section 26(2) of that Act; and

subsection (2)(b) were omitted.

property for the time being subject to a restraint order made before the award of sequestration, and

any proceeds of property realised by virtue of section 26(7) or 29(5) or (6) of this Act for the time being in the hands of a receiver appointed under section 26 or 29 of this Act,

property comprised in the whole estate of the debtor within the meaning of section 31(8) of the 1985 Act; and

any income of the debtor which has been ordered, under section 32(2) of that Act, to be paid to the permanent trustee or any estate which, under section 31(1) or 32(6) of that Act, vests in the permanent trustee;

made before the award of sequestration; or

on property which was subject to a restraint order when the award of sequestration was made.

an interim trustee stands appointed under section 2(5) of the 1985 Act, and

any property in the debtor’s estate is subject to a restraint order,

no decree shall be granted under section 34 or 36 of the 1985 Act (gratuitous alienations and unfair preferences), in respect of the making of the gift, at any time when property of the person to whom the gift was made is subject to a restraint order or charging order; and

any decree made under section 34 or 36 after the discharge of the restraint or charging order shall take into account any realisation under this Act of property held by the person to whom the gift was made.

property for the time being subject to a restraint order made before the relevant time; and

any proceeds of property realised by virtue of section 26(7) or 29(5) or (6) of this Act for the time being in the hands of a receiver appointed under section 26 or 29 of this Act.

so as to inhibit him from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or

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;

any person acting as an insolvency practitioner seizes or disposes of any property in relation to which his functions are not exercisable because it is for the time being subject to a restraint order, and

at the time of the seizure or disposal he believes, and has reasonable grounds for believing, that he is entitled (whether in pursuance of an order of the court or otherwise) to seize or dispose of that property,

incurs expenses in respect of such property as is mentioned in paragraph (a) of subsection (1) above 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

incurs expenses other than expenses 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,

the reference in subsection (2)(a) of that section to a permanent or interim trustee in sequestration shall be taken to include a reference to a trustee in sequestration; and

subsection (5) of that section (which includes provision to the effect that nothing in the section is to apply to anything done by the official receiver) shall be disregarded;

takes any action in relation to property which is not realisable property, being action which he would be entitled to take if it were such property, and

believes, and has reasonable grounds for believing, that he is entitled to take that action in relation to that property,

it is satisfied that at the time of registration the order is in force and not subject to appeal;

it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and

it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.

any proceedings by way of discharging or setting aside a judgment; and

an application for a new trial or a stay of execution.

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 there in respect of alleged drug trafficking by the defendant, or

where no steps have been specified in relation thereto as mentioned in paragraph (a) above, 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 alleged drug trafficking; or

an application has been made to a court in a designated country for an external confiscation order,

when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an external confiscation order being made in the proceedings;

on the satisfaction of an external confiscation order made in the proceedings, whether by the recovery of all property liable to be recovered, or the payment of any amount due.

references to property held by a person include a reference to property vested in his trustee in bankruptcy, permanent or interim trustee within the meaning of the Bankruptcy (Scotland) Act 1985 or liquidator; and

references to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested.

property is held by any person if he holds any interest in it; and

property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.