Section 63: Requests for enforcement of foreign confiscation or restraining orders

63. Requests for enforcement of foreign confiscation or restraining orders.__ (1) This section does not apply to cases falling within section 40 of this Act. (2) Where a foreign State requests the Federal Government to make arrangements for the enforcement of a__ (a) foreign restraining order; or (b) foreign forfeiture order, the Director-General may apply to the High Court for registration of the orders issued by a Court of that State. (3) The High Court shall, on application by the Director-General, register the foreign restraining order if the Court is satisfied that the order is in force in the foreign State. (4) The High Court shall, on application by the Director-General or an officer authorised by him, register the foreign forfeiture order if the Court is satisfied__ (a) the order is in force in the foreign State and is not subject to appeal; and (b) where the person, the subject of the order, did not appear in the foreign forfeiture order proceedings in the foreign State, that__ (i) the person was given notice of the proceedings in sufficient time to enable him or her to defend him; or (ii) the person died or absconded before such notice could be given. (5) Where a foreign restraining order or foreign forfeiture order is registered in accordance with this section, a copy of any amendments made in the order in the foreign State (whether before or after registration), may be registered in the same way as the order, but shall not have effect for the purposes of this Act until they are so registered. (6) The High Court shall, on application by the Director-General or an officer authorised by him, cancel the registration of__ (a) a foreign restraining order if it appears to the Court that the order has ceased to have effect; and (b) a foreign forfeiture order if it appears to the Court that the order has been satisfied or has ceased to have effect. 1 Subs. by the control of narcotic substances (Amdt.) Act 2022 (XX of 2022) s.23. (7) Subject to sub-section (8), where the foreign restraining order or foreign forfeiture order comprises a facsimile copy of a duly authenticated foreign order, or amendment made to such an order, the facsimile shall be regarded for the purposes of this Ordinance as the same as the duly authenticated foreign order. (8) Registration effected by means of a facsimile shall cease to have effect at the end of the period of fourteen days commencing on the date of registration, unless a duly authenticated original of the order has been registered by that time. (9) Where a foreign restraining order or a foreign forfeiture order has been registered pursuant to this section, this Act shall be deemed to apply in relation to the order as if the offence the subject of the order had been committed in Pakistan, and the order had been made pursuant to Chapter IV of this Act.

Effective date: 1997-07-11

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