Document ID: chunk:federal_register_of_legislation:F1996B02092:body:0:p8
Version: federal_register_of_legislation:F1996B02092
Segment Type: other
Provision Reference: 
Character Range: 18365–21192

upon request by the Requesting State, shall take such measures as are permitted by its law to prevent any dealing in, transfer or disposal of, those suspected proceeds of the offence, pending a final determination in respect of those proceeds.

3. Where the person convicted of an offence retains ownership of the proceeds of the offence of which he or she was convicted, the Requested State shall give effect to a pecuniary penalty order in respect of the offence or to a forfeiture or confiscation order in respect of the proceeds of the offence made by a court of the Requesting State.

4. Where the person convicted of an offence has disposed of the proceeds of the offence of which he or she was convicted, a court of the Requested State shall, at the request of the Requesting State, determine whether the transferee obtained the property without notice that it was or may have been the proceeds of an offence. Where the court of the Requested State determines that the transferee was not a bona fide third party it shall order the forfeiture or confiscation of the property.

5. The Requested State shall with respect to the property referred to in paragraphs 3 and 4, retain one half of the value and transfer the remainder to the Requesting State. Where the property is real property the Requested State shall sell that property and disburse the proceeds of that sale in accordance with this paragraph.

6. For the purpose of this Article, proceeds of an offence includes any property obtained directly or indirectly as a result of the commission of an offence and instrumentalities used in the commission of the offence.

ARTICLE 18
SUBSIDIARY ARRANGEMENTS

The Central Offices of the Contracting Parties may enter into subsidiary arrangements consistent with the purposes of this Treaty in order to facilitate its functioning.

ARTICLE 19
REPRESENTATION

For the purposes of this Treaty, the Requested State, through its competent authorities, shall afford representation of the interests of the Requesting State in any proceedings.  The representative appointed by the Requested State shall be legally authorized to act in those proceedings.

        SCHEDULE—continued

ARTICLE 20
EXPENSES

The Requested State shall meet the cost of fulfilling the request for assistance except that the Requesting State shall bear:
          a) the expenses associated with conveying any person to or from the territory of the Requested State, and any fees, allowances or expenses payable to that person while in the Requesting State pursuant to a request under Articles 11 or 12;
          b) the expenses associated with conveying custodial or escorting officers; and
          c) where required by the Requested State, exceptional expenses in fulfilling the request.

ARTICLE 21
CONSULTATION

The Contracting Parties shall