MUTUAL RECOGNITION OF FREEZING ORDERS AND CONFISCATION ORDERS REGULATIONS

MUTUAL RECOGNITION OF FREEZING ORDERS AND

CONFISCATION ORDERS

SUBSIDIARY LEGISLATION 9.27

MUTUAL RECOGNITION OF FREEZING ORDERS

AND CONFISCATION ORDERS REGULATIONS

23th April, 2021

LEGAL NOTICE 180 of 2021.

(1)

The title of these regulations is the Mutual

Recognition of Freezing Orders and Confiscation Orders Regulations.

(2)

These regulations provide for the necessary provisions

required to implement Regulation (EU) 2018/1805 of the European

Parliament and of the Council of 14 November 2018 on the mutual

recognition of freezing orders and confiscation orders, hereinafter

referred to as "the Regulation".

(1)

When Malta is the ‘issuing State’ for purposes of

the Regulation, the courts of criminal jurisdiction and the Asset

Recovery Bureau shall be designated as competent issuing authorities

in respect of freezing orders and confiscation orders

Provided that the Attorney General shall be the

validating authority for purposes of the Regulation.

(2)

When Malta is the ‘executing State’ for purposes of the

Regulation, the Asset Recovery Bureau shall be designated as the

competent executing authority.

(1)

A freezing certificate transmitted to the Asset

Recovery Bureau shall be accompanied by the original freezing order

and a translation of the freezing certificate.

(2)

A confiscation certificate transmitted to the Asset

Recovery Bureau shall be accompanied by the original confiscation

order and a translation of the confiscation certificate.