TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-424

________________________________________________________________________

LAW ENFORCEMENT

Agreement Between the

UNITED STATES OF AMERICA

and JERSEY

Signed at Saint Helier January 28, 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.”
 JERSEY

 Law Enforcement

 Agreement signed at Saint Helier

 January 28, 2015;

 Entered into force April 24, 2015.

 
AGREEMENT BETWEEN

THE GOVERNMENT OF THE UNITED STATES

OF AMERICA AND

THE GOVERNMENT OF JERSEY

REGARDING THE SHARING OF CONFISCATED

OR FORFEITED ASSETS OR THEIR

EQUIVALENT FUNDS

The Government of the United States of America and the

Government of Jersey (hereinafter referred to as "the

Parties")

Recognising that the Government of Jersey ("Jersey") 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 Jersey 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:

ARTICLE 1

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 Jersey, a confiscation order or forfeiture

order which is made by a court in respect of crime or
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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.

ARTICLE 2 

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.

ARTICLE 3

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 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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ARTICLE 4

REQUESTS FOR ASSET SHARING

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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ARTICLE 5

SHARING OF ASSETS

1. Where the Holding Party proposes 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 Co-operating Party;

and

(b) transfer a sum equivalent to that proportion to the Cooperating 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 1(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.

5. 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.

ARTICLE 6

PAYMENT OF SHARED ASSETS

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 Treasury as

specified in the request;

(b) in any case in which Jersey 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, Jersey, or, in the case of an

electronic payment, notified in writing to Her Majesty's

Attorney General;

(c) or to any such recipient or recipients as the Co-operating

Party may from time to time specify by notification for the

purposes of this Article.

ARTICLE 7

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.

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.
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ARTICLE 8 

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 Jersey, Her Majesty's Attorney General,

Law Officers' Department, Jersey; or

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

time for their own part specify by notification for the

purposes of this Article.

ARTICLE 

TERRITORIAL APPLICATION

This Agreement shall apply —

(a) in relation to Jersey, to criminal or civil proceedings in

the Royal Court of Jersey resulting in a confiscation order or

forfeiture order in respect of crime or the proceeds of crime;

and

(b) in relation to the United States of America, to federal

proceedings resulting in a forfeiture order and occurring in
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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 10

AMENDMENTS

This Agreement may be amended when both Parties have agreed in

writing to such amendment.

ARTICLE ii

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.

ARTICLE 12

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 assets confiscated or forfeited before (if not yet disposed

of) or after that date.
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ARTICLE 13

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 Saint Helier, Jersey, in duplicate, this 28th day of January, Two

Thousand and Fifteen.

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF

THE UNITED STATES JERSEY:

OF AMERICA: