S.L. 9.15 Art. 14Disposal of confiscated property.

(1) Without prejudice to the provisions of article 24D(7)

of the Ordinance, any property so forfeited shall be disposed of in accordance with the provisions of this regulation.

(2) Money which has been obtained from the execution of the confiscation order shall be disposed of as follows:

(a) where the amount gathered from the execution of the confiscation order is less than ten thousand euro (€10,000), or the equivalent to that amount, the amount shall accrue to the Government of Malta;

(b) in all other cases, fifty per centum of the amount which has been obtained from the execution of the confiscation order shall be transferred to the issuing State.

(3) Property, other than money, which has been obtained from the execution of the confiscation order shall, in so far as is possible, be disposed of in any of the following ways:

(a) by selling the property, in which case the proceeds shall be disposed of in accordance with sub-regulation (2)(a);

(b) by transferring the said property to the issuing State: Provided that if the confiscation order covers an amount of money, the property may only be transferred to the issuing State when that State has given its consent.

(4) Notwithstanding the provisions of sub-regulation (3), specific items covered by the confiscation order which constitute cultural objects forming part of the national heritage of Malta shall not be sold or returned to the issuing State. to enable all the orders to be executed, or

(b) the same specific item of property, the Attorney General shall decide which confiscation order is or are to be executed in accordance with these regulations, if it appears to the Attorney General, having regard to all the circumstances of the case and in particular -

(i) the involvement of frozen assets;

(ii) the relative seriousness and place of the offence;

(iii) the date of the respective orders; and

(iv) the date of transmission of the respective orders, that preference should be given to executing one or more of the other orders.