TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-224

________________________________________________________________________

LAW ENFORCEMENT

Agreement Between the

UNITED STATES OF AMERICA

and GUERNSEY

Signed at St. Peter Port January 27, 2015
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 GUERNSEY

 Law Enforcement

 Agreement signed at St. Peter Port

 January 27, 2015;

 Entered into force February 24, 2015.

 
AGREEMENT BETWEEN 

THE GOVERNMENT OF THE UNITED STATES 

OF AMERICA AND 

THE GOVERNMENT OF GUERNSEY 

REGARDING THE SHARING OF CONFISCATED 

OR FORFEITED ASSETS OR THEIR 

EQUIVALENT FUNDS 

The Government of the United States of America and the 

Government of Guernsey (known as ''the States of Guernsey") 

(hereinafter referred to as "the Parties") 

Recognising that the Government of Guernsey ("Guernsey") has been 

entrusted by the United Kingdom of Great Britain and Northern Ireland 

to negotiate and conclude this Agreement with the United States of 

America; 

Recognising the longstanding co-operation between Guernsey and the 

United States of America in the field of mutual legal assistance; 

Recognising that the Parties have been active in international efforts 

in the fight against financial and other cross-border crimes; including 

the targeting of terrorist financing and money laundering; 

Desiring to improve still further the effectiveness of law enforcement 

in both jurisdictions in the investigation, prosecution and suppression of 

crime and in the tracing, freezing, seizure and forfeiture or confiscation 

of assets related to crime; and 
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Desiring also to create a framework for sharing the proceeds of the 

disposition of such assets; 

HAVE AGREED as follows: 

ARTICLE1 

INTERPRETATION 

For the purposes of this Agreement: 

(a) "assets" shall mean money and property of every kind, whether 

corporeal or incorporeal, movable or immovable, tangible or intangible, 

and legal documents or instruments evidencing title to or interest in 

such property, including the proceeds from a crime, or assets of an 

equivalent value if provided for by law, and the instrumentalities of a 

crime, which are in the possession of a Party, and which comprise the 

net proceeds· realised as a result of a confiscation or forfeiture, after 

deduction of the costs of realisation and/ or such other deductions as the 

laws or Courts of that Party require; 

(b) "confiscation" or "forfeiture" shall mean any action under 

domestic law resulting in: 

i) in the case of the United States of America, a 

judgment which extinguishes title to assets of any 

description related to or proceeding from crime, or 

a judgment for a sum which amounts to the value of 

such assets, and the vesting of such title in the 

government pursuing the action; 

ii) in the case of Guernsey, a confiscation order or 

forfeiture order which is made by a court in respect 
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of crime or the proceeds of crime in criminal or civil 

proceedings and which is not, or is no longer, 

capable of being the subject of any form of appeal 

proceedings; 

(c) "co-operation" shall mean any assistance, including intelligence, 

operational, legal or judicial assistance, and shall include the 

enforcement of a confiscation or forfeiture order of the other Party, 

which has been obtained by one Party and which has contributed to, or 

significantly facilitated, a forfeiture or confiscation in the territory of the 

other Party; 

and the provisions of this Agreement are to be interpreted accordingly. 

ARTICLE2 

SCOPE OF APPLICATION 

This Agreement is intended solely for the purposes of mutual assistance 

between the Parties and does not give rise to any rights in favour of third 

parties. 

ARTICLE3 

CIRCUMSTANCES IN WHICH ASSETS MAY BE SHARED 

In any case in which a Party is in possession of confiscated or forfeited 

assets and it appears to that Party ("the Holding Party") that cooperation has been given by the other Party, the Holding Party may, at 

its discretion and in accordance with its domestic laws, share those 

assets with that other Party ("the Co-operating Party") based upon a 

request received pursuant to Article 4 or based upon its own initiative. 
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ARTICLE4 

REQUESTSFORASSETS~NG 

1. A Co-operating Party may make a request for asset sharing from 

the Holding Party in accordance. with the provisions of this Agreement 

when its co-operation has led, or is expected to lead, to a. confiscation or. 

forfeiture. In any case, a request for asset sharing shall be made in 

writing no later than one year from the date the Co-operating Party 

became aware of the entry of the final order of confiscation or forfeiture 

of the assets, unless otherwise agreed between the Parties in exceptional 

cases. 

2. A request made under paragraph 1 of this Article shall set out the 

circumstances of the co-operation to which it relates, and shall include 

sufficient details to enable the Holding Party to identify the case, the 

assets, and the agency or agencies involved. 

3. On receipt of a request for asset sharing made in accordance with 

the provisions of this Article, the Holding Party shall -

(a) consider whether to share assets as set out in Article 

3 of this Agreement, and 

(b) inform the Party making the request of the outcome 

of that consideration and the reasons underlying 

same. 

4· In appropriate cases where there are identifiable victims, 

consideration of the rights of victims may take precedence over asset 

sharing between the Parties. 
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ARTICLEs 

SHARING OF ASSETS 

1. Where the Holding Party prol?oses to share assets with the Cooperating Party, it shall: 

(a) determine, at its discretion and in accordance with 

its domestic law and policies, the proportion of the 

assets to be shared which, in its view, represents 

the extent of the co-operation afforded by the Cooperating Party; and 

(b) transfer a sum equivalent to that proportion to the 

Co-operating Party in accordance with Article 6 of 

this Agreement. 

2. The Parties agree that it may not be appropriate to share assets 

where the value of the realised assets or the assistance rendered is de 

minimis, subject to previous consultations between them. 

3. To the extent permitted by domestic law and policy, the Parties 

anticipate that in ordinary cases in which the Holding Party has 

executed, enforced or otherwise recognized a confiscation or forfeiture 

judgment that was obtained primarily by the investigative and litigating 

efforts of the Co-operating Party, sharing will be in equal proportions. 

However, if a Party has expended extraordinary resources to execute, 

enforce, or otherwise recognize the other Party's confiscation or 

forfeiture judgment, or provided substantial evidence or investigative 

resources to support or obtain that judgment, then the Holding Party 

may take such efforts into account in making a determination in 

accordance with paragraph l(a) of this Article. 
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4. The Party sharing the confiscated assets may add interest or other 

increase in value accrued since the restraint and deduct the expenses 

required to obtain and maintain the order and the assets as well as to 

enforce the order. 

s. Where there are identifiable victims of the criminal conduct 

underlying the confiscation or forfeiture judgment, unless otherwise 

agreed by the Parties, consideration of the rights of those victims is 

expected to take precedence over asset sharing between the Parties, 

except: (a) where the number of victims and the value of confiscated 

assets is such that each victim's portion would be de minimis; or (b) 

where the value of confiscated assets exceeds the victims' losses, in 

which event the excess may be shared. When a money laundering 

offence gives rise to a confiscation or forfeiture judgment and involves a 

predicate offence with identifiable victims, those victims will be deemed 

victims of the money laundering offence for the purposes of 

implementing this paragraph. 

ARTICLE6 

PAYMENTOFSHAREDASSETS 

1. Unless otherwise mutually agreed, any sum transferred pursuant 

to Article 5(1)(b) of this Agreement shall be paid-

(a) in the currency of the Holding Party, and 

(b) by means of an electronic transfer of funds or 

cheque. 

2. Payment of any such sum shall be made -
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(a) in any case in which the United States of America is 

the Co-operating Party, to the United States of 

America, and sent to the pertinent office or 

designated account of the U.S. Department of 

Justice or the U.S. Department of the Treasury as 

specified in the request; 

(b) in any case in which Guernsey is the Co-operating 

Party, to the Treasurer of the States and, in the case 

of a cheque, sent to Her Majesty's Attorney 

. General, Guernsey, or, in the case of an electronic 

payment, notified in writing to Her Majesty's 

Attorney General; or 

(c) to any such recipient or recipients as the Cooperating Party may from time to time specify by 

notification for the purposes of this Article. 

ARTICLE7 

TERMS OF TRANSFER 

1. In making the transfer, the Parties recognize that all right or title 

to and interest in the transferred assets has already been adjudicated 

and that no further judicial proceedings are necessary to complete the 

confiscation or forfeiture. The Party transferring the assets assumes no 

liability or responsibility for the assets once they have been transferred 

and relinquishes all right or title to and interest in the transferred 

proceeds of crime or property. 
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2. Unless otherwise agreed, where a Party transfers assets pursuant 

to this Agreement, the other Party shall use those assets in accordance 

with its domestic legislation or rules governing the disposition of 

domestically forfeited assets. 

ARTICLES 

CHANNELS OF COMMUNICATION 

Communications between the Parties pursuant to the provisions of this 

Agreement shall be conducted by: 

(a) on the part of the United States of America, the 

Office of International Affairs or the Asset 

Forfeiture and Money Laundering Section, U.S. 

Department of Justice, or the Executive Office of 

Asset Forfeiture of the U.S. Department of the 

Treasury; 

(b) on the part of Guernsey, Her Majesty's Attorney 

General, Guernsey; or 

(c) such other nominees as the Party may from time to 

time for its own part specify by notification for the 

purposes of this Article. 

ARTICLEg. 

TERRITORIAL APPLICATION 

This Agreement shall apply-
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(a) m relation to Guernsey, to criminal or civil 

proceedings in the· ·Royal Court of Guernsey 

resulting in a confiscation order or forfeiture order 

in respect of crime or the proceeds of crime; and 

(b) m relation to the United States of America, to 

federal proceedings resulting in a forfeiture order 

and occurring in any State of the United States of 

America, the District of Columbia, or any 

Commonwealth, territory or possession of the 

United States of America. 

ARTICLE to 

AMENDMENTS 

This Agreement inay be amended when both Parties have agreed in 

writing to such amendment. 

ARTICLE :it 

CONSULTATIONS 

The Parties shall consult promptly, at the request of either Party, 

concerning the interpretation, application or implementation of this 

Agreement, either generally or in relation to a particular case. 

ARTICLE12 

ENTRY INTO FORCE 

This Agreement shall enter into force on the date of the later notification 

in writing between the Parties indicating that each has completed its 

internal procedures for entry into force. This Agreement will apply to 
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assets confiscated or forfeited before (if not yet disposed of) or after that 

date. 

ARTICLE13 

TERMINATION OF AGREEMENT 

Either Party may terminate this Agreement, at any time, by giving 

written notice to the other Party. Termination shall become effective six 

months after receipt of the notice. 

IN WITNESS whereof the undersigned, being duly authorised by their 

respective governments, have signed this Agreement. 

Done at St. Peter Port, Guernsey, this 27th day of January, Two 

Thousand and Fifteen, in duplicate, in the English language. 

FORTHEGOVERNMENTOF 

THE UNITED STATES OF 

AMERICA: 

FORTHEGOVERNMENTOF 

GUERNSEY: