Uganda Asset Seizure and Forfeiture Laws Under Scrutiny: New Procedures Unveiled for Cooperation with ICC
In an effort to strengthen its cooperation with the International Criminal Court (ICC), Uganda has introduced new procedures for asset seizure and forfeiture, enabling the country to effectively identify, trace, freeze or seize properties associated with crime. This development is part of Uganda’s commitment to comply with ICC requests for assistance in investigations and prosecutions.
Empowering Cooperation
According to a recent amendment, the Minister of Justice is empowered to authorize requests from the ICC related to property associated with crime, provided there are reasonable grounds to believe that the property may be located in Uganda. Upon authorization, the relevant Ugandan agency will use its best efforts to give effect to the request or, where appropriate, apply for a freezing or seizing order.
Freezing and Seizing Orders
In cases where an application is made ex parte and without a hearing, the Registrar can grant a freezing or seizing order if satisfied that:
- A forfeiture order has been issued in ICC proceedings
- There are reasonable grounds to believe such an order may be made
The order will provide for notice to be given to any persons with an interest in the property, allowing them to apply for variation or discharge of the order.
Property Restrictions
Under the new procedures, the property remains subject to the freezing or seizing order until:
- The ICC issues a relevant forfeiture order
- The ICC advises that no such order will be issued
In the latter case, the property is discharged from the freezing order.
Human Rights Concerns
Human rights advocates have welcomed the development, noting that it marks an important step towards enhancing cooperation between Uganda and the ICC in combating international crime. However, concerns remain over the potential impact on bona fide third-party interests in affected properties.
Practical Applications
As the country continues to navigate its obligations under international law, experts are closely watching how these new procedures will play out in practice, particularly in cases where the rights of innocent parties may be affected.