Section 40: Forfeiture of assets of person convicted abroad

40. Forfeiture of assets of person convicted abroad.__ (1) Notwithstanding anything contained in any other law for the time being in force, where a citizen of Pakistan is convicted by a foreign court for an offence which is also an offence punishable under this Act, the Special Court may, on an application made by the Director-General or any other officer authorised by the Federal Government, order that the assets acquired in Pakistan by such citizen shall be forfeited to the Federal Government. (2) The Special Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record, but such presumption may be displaced by proving want of jurisdiction : Provided that the judgment or order of conviction__ (a) is passed by the foreign court of competent jurisdiction; (b) has been pronounced on the merits of the case; (c) has not been obtained by fraud; (d) has not been made in contravention of any law in force in Pakistan; (e) has assumed finality through appeal, revision or review and is not subjudice before any appellate forum : Provided further no order under this section shall be made without providing an opportunity of being heard to such citizen: Provided also that, notwithstanding anything contained in clauses (a) to (e) of the first proviso, during the pendency of the application the Court may, by an order, freeze all or any of the assets or restrain such citizen, his associates and relatives from alienating such assets bylease, sale, gift, transfer or in any other manner. Explanation. __ For the purpose of this section, the expression “Court” means the High Court of the Province where the assets or any part thereof are located.

Effective date: 1997-07-11

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