(1)This section applies if—
(a)any of the conditions in section 40 is satisfied,
(b)F344the prosecutor ... believes that realisable property is situated in a country or territory outside the United Kingdom (the receiving country), and
(c)F345the prosecutor ... sends a request for assistance to the Secretary of State with a view to it being forwarded under this section.
(2)In a case where no confiscation order has been made, a request for assistance is a request to the government of the receiving country to secure that any person is prohibited from dealing with realisable property.
(3)In a case where a confiscation order has been made and has not been satisfied, discharged or quashed, a request for assistance is a request to the government of the receiving country to secure that—
(a)any person is prohibited from dealing with realisable property;
(b)realisable property is realised and the proceeds are applied in accordance with the law of the receiving country.
(4)No request for assistance may be made for the purposes of this section in a case where a confiscation order has been made and has been satisfied, discharged or quashed.
(5)If the Secretary of State believes it is appropriate to do so he may forward the request for assistance to the government of the receiving country.
(6)If property is realised in pursuance of a request under subsection (3) the amount ordered to be paid under the confiscation order must be taken to be reduced by an amount equal to the proceeds of realisation.
(7)A certificate purporting to be issued by or on behalf of the requested government is admissible as evidence of the facts it states if it states—
(a)that property has been realised in pursuance of a request under subsection (3),
(b)the date of realisation, and
(c)the proceeds of realisation.
(8)If the proceeds of realisation made in pursuance of a request under subsection (3) are expressed in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of realisation.
132.Section 74 sets out the conditions under which requests for assistance in the freezing and realisation of property may be made by authorities in England and Wales to other jurisdictions outside the United Kingdom. Although requests of this nature have been made for many years, the earlier legislation is largely silent as to the respective roles and powers of the various authorities involved. The Act places outgoing requests on a fully statutory footing. Section 74 applies only to requests relating to Part 2 of the Act.
133.All outgoing requests must be made either by the prosecutor or by the Director, and may only be made with the authority of the Secretary of State. In practice, this means that all outgoing requests must pass through the United Kingdom Central Authority for mutual assistance in criminal matters in the Home Office. Requests may be made for a prohibition on dealing with property or additionally, where a confiscation order has been made, the realisation of property. It will be noted that under subsection (1)(a), a request may be made where any of the conditions in section 40 is satisfied. This will enable the prosecutor or the Director to request an asset freeze abroad before any restraint order has yet been made in England and Wales, as long as the conditions for making a restraint order are satisfied at the time.