TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-331.1 

________________________________________________________________________ 

JUDICIAL ASSISTANCE 

 Agreement Between the 

UNITED STATES OF AMERICA 

and the UNITED KINGDOM OF GREAT BRITAIN 

AND NORTHERN IRELAND 

Signed at Washington March 31, 2003 

 

 
 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.” 
UNITED KINGDOM OF GREAT BRITAIN 

AND NORTHERN IRELAND 

Judicial Assistance 

Agreement signed at Washington March 31, 2003; 

 Entered into force March 31, 2003. 

 
AGREEMENT BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND

NORTHERN IRELAND

REGARDING THE SHARING OF FORFEITED

OR CONFISCATED ASSETS OR THEIR EQUIVALENT FUNDS

The Government of the United States of America and the Government of the United

Kingdom of Great Britain and Northern Ireland (hereinafter referred to as "the Parties"),

CONSIDERING the commitment of the Parties to co-operate on the basis of

their Agreement Concerning the Investigation of Drug Trafficking Offences and

the Seizure and Forfeiture of Proceeds and Instrumentalities of Drug Trafficking

which entered into force on April 11, 1989; the 1988 United Nations Convention

against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which

entered into force on February 20, 1990 for the United States and June 28, 1991

for the United Kingdom of Great Britain and Northern Ireland; and their bilateral

Treaty on Mutual Legal Assistance in Criminal Matters, which entered into force

on December 2, 1996;

CONSIDERING FURTHER the 2000 United Nations Convention against

Transnational Organized Crime, opened for signature at Palermo from

December 14, 2000; as well as the relevant Recommendations of the Financial

Action Task Force;

DESIRING to improve the effectiveness of law enforcement in both countries in the

investigation, prosecution, and suppression of crime and in the tracing, freezing, seizure,

and forfeiture or confiscation of assets related to crime; and

DESIRING also to create a framework for sharing the proceeds of the disposition of

such assets;

HAVE AGREED as follows:

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ARTICLE 1 

INTERPRETATION

For the purposes of this Agreement:

(a) references to "forfeiture" or "confiscation" shall mean any action under national 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 sum

which amounts to the value of such assets, and the vesting of such title in the

government pursuing the action; and

ii) in the case of the United Kingdom of Great Britain and Northern Ireland, a

confiscation order which is made by a court and which is not, or is no longer,

capable of being the subject of any form of appeal proceedings;

(b) "co-operation" (other than references in the title of the Judicial Co-operation Unit of

the Home Office) shall mean any assistance, including intelligence, operational, legal or

judicial assistance, and shall include the enforcement of a forfeiture or confiscation order

of the other Party, which has been given by one Party and which has contributed to, or

significantly facilitated, forfeiture or confiscation in the territory of the other Party;

(c) references to "assets" shall mean assets which are in the possession of a Party, and

which comprise the net proceeds realised as a result of forfeiture or confiscation, after

deduction of the costs of realisation;

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

ARTICLE 2

CIRCUMSTANCES IN WHICH ASSETS MAY BE SHARED

In any case in which a Party is in possession of forfeited or confiscated assets, and it appears to

that Party (`the Holding Party') that co-operation 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').

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ARTICLE 3

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

within one year from the date of entry of the final order of forfeiture/confiscation, 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 cooperation 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 2 of this Agreement, and

(b) inform the Party making the request of the outcome of that consideration.

4. In appropriate cases where there are identifiable victims, consideration of the rights of

victims may take precedence over asset sharing between the Parties.

ARTICLE 4

SHARING OF ASSETS 

1. Where the Holding Party proposes to share assets with the Co-operating Party, it shall:

(a) determine, at its discretion and in accordance with its domestic law, 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 Co-operating Party in accordance

with Article 5 of this Agreement.

2. The Parties agree that it may not be appropriate to share where the value of the realised

assets or the assistance rendered by the Co-operating Party is de minimis

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ARTICLE 5

PAYMENT OF SHARED ASSETS

1. Unless otherwise mutually agreed, any sum transferred pursuant to Article 4 (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 -

(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

Department of Justice or the Department of Treasury as specified in the request;

(b) in any case in which the United Kingdom of Great Britain and Northern Ireland is

the Co-operating Party, to the Home Office Accounting Officer, and sent to the Head of

the Confiscation Policy Section, Judicial Co-operation Unit, Home Office;

or to such other recipient or recipients as the Co-operating Party may from time to time specify

by notification for the purposes of this Article.

ARTICLE 6

IMPOSITION OF CONDITIONS

Unless otherwise mutually agreed, where the Holding Party transfers any sum pursuant to

Article 4(1)(b) above, it may not impose on the Co-operating Party any conditions as to the use

of that sum, and in particular may not require the Co-operating Party to share the sum with any

other state, government, organisation, or individual.

ARTICLE 7

CHANNELS OF COMMUNICATION

All communications between the Parties pursuant to the provisions of this Agreement shall be

conducted through the Central Authorities designated pursuant to Article 2 of the Treaty on

Mutual Legal Assistance in Criminal Matters and, where appropriate, as specified as follows:

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(a) on the part of the United States of America, the Office of International Affairs,

Criminal Division, United States Department of Justice. In addition, the United

Kingdom may transmit requests for asset sharing directly to the pertinent component

agency of the United States Department of Justice or the United States Department of

the Treasury;

(b) on the part of the United Kingdom of Great Britain and Northern Ireland, the

International Policy Team, Judicial Co-operation Unit, Home Office;

or by such other nominees as the Parties may from time to time for their own part specify by

notification for the purposes of this Article.

ARTICLE 8

TERRITORIAL APPLICATION

This Agreement shall apply:

(a) in relation to the United Kingdom

(i) to England and Wales, Scotland and Northern Ireland;

(ii) to any territory for the international relations of which the United Kingdom is

responsible and to which this Agreement shall have been extended, subject to

any modifications agreed between the Parties. Such extension may be

terminated by either Party by giving six months written notice to the other

through the diplomatic channels; and

(b) in 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.

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FOR THE GOVERNMENT OF HE

UNITED STATES OF AMERICA:

ARTICLE 9

ENTRY INTO FORCE

This Agreement shall enter into force upon signature by both Parties. This agreement

supersedes the exchange of letters dated January 20, 1992, and May 26, 1992, between the

Secretary of State for the Home Department the Right Honourable Kenneth Clarke QC MP and

the Attorney General of the United States William P. Barr, which are hereby revoked.

ARTICLE 10

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 in duplicate at Washington, this day 2003.

FOR T • VE 0 THE

UNITED KINGDOM OF GREAT BRITAIN

AND NORTHERN IRELAND:

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