Document ID: chunk:federal_register_of_legislation:F1996B01853:body:0:p6
Version: federal_register_of_legislation:F1996B01853
Segment Type: other
Provision Reference: 
Character Range: 12908–15768

by its law and without prejudice to the rights of any third party:
         (a) if, pursuant to paragraph 1 of this Article, any proceeds suspected of being the result of an offence, are found, the Requested Party may, on request from the Requesting Party, take the necessary protective measures to ensure their possible confiscation;
         (b) the Requested Party, at the request of the Requesting Party, may give effect to any final legal determination given in the Requesting State confiscating the proceeds of an offence.

 3. Requests to be presented pursuant to paragraph 2 may be the subject of prior consultations between the Central Offices.

 4. The Requested State shall retain the property referred to in paragraph 2(b). Any proceeds of crime confiscated in the Requested State pursuant to a request under paragraph 2(b) of this Article shall vest in the Requested State.

ARTICLE 16

REFUSAL OF ASSISTANCE

 1. Assistance may be refused if:
         (a) the request relates to an offence where the conduct constituting that offence would not constitute in the Requested State, a criminal offence if that conduct had taken place within the territory under its jurisdiction;
         (b) the request relates to an offence that is regarded by the Requested Party as an offence of a political character;
         (c) there are substantial grounds for believing that the request for assistance has been made for the purpose of prosecuting or punishing a person on account of that person's race, sex, religion, nationality or political opinions or that that person's position may be prejudiced for any of these reasons;
         (d) the request relates to an offence against a law relating to taxation, customs duties or foreign exchange controls;
         (e) the request relates to an offence in respect of which the offender has been acquitted or pardoned or has served the sentence imposed;
         (f) the request relates to an offence which, according to the law of either State, could, if committed there, be no longer the subject of prosecution by reason of lapse of time or any other reason;
         (g) the request relates to an offence which is committed outside the territory of the Requesting State and the law of the Requested State does not provide for the prosecution of an offence of the same nature committed outside its territory;
         (h) provision of the assistance sought could prejudice an investigation or proceeding in the Requested State;
         (i) the Requested Party is of the opinion that the execution of the request would prejudice its sovereignty, security, ordre public, national interest or other essential interests.

 2. Where in conformity with this Treaty a request may be refused, the Requested Party shall, before notifying its refusal, consider whether assistance may be granted subject to such