Document ID: chunk:federal_register_of_legislation:F1996B01927:body:0:p8
Version: federal_register_of_legislation:F1996B01927
Segment Type: other
Provision Reference: 
Character Range: 18333–21196

relation to any seized material which is delivered to the Requesting Party.

ARTICLE 18

Proceeds of Crime

1. The Requested Party shall, upon request, endeavour to ascertain whether any proceeds or instrumentalities of a crime are located within its jurisdiction and shall notify the Requesting Party of the results of its inquiries. In making the request, the Requesting Party shall notify the Requested Party of the reasons for its belief that such proceeds or instrumentalities may be located in its jurisdiction.

2. Where pursuant to paragraph 1 suspected proceeds or instrumentalities of crime are found, the Requested Party shall take such measures as are permitted by its law to prevent any dealing in, transfer or disposal of those suspected proceeds or instrumentalities of crime pending a final determination in respect of those proceeds or instrumentalities by a court of the Requesting Party.

3. The Requested Party shall, to the extent permitted by its law, give effect to a final order forfeiting or confiscating the proceeds or instrumentalities of crime made by a court of the Requesting Party.

4. In the application of this Article, the rights of bona fide third parties shall be respected under the law of the Requested Party.

5. The Requested Party shall retain the property referred to in paragraph 3.

6. In this Article "proceeds of crime" means any property suspected, or found by a court, to be property derived or realised, directly or indirectly, as a result of the commission of an offence or to represent the value of property and other benefits derived from the commission of an offence.

ARTICLE 19

Subsidiary Arrangements

The Central Authority of each Party may enter into subsidiary arrangements consistent with the object and purpose of this Treaty and with the laws of both Parties.

ARTICLE 20

Representation and Expenses

1. Unless otherwise provided in this Treaty, the Requested Party shall make all necessary arrangements for the representation of the Requesting Party in any proceedings arising out of a request for assistance and shall otherwise represent the interests of the Requesting Party.

2. The Requested Party shall meet the cost of fulfilling the request for assistance except that the Requesting Party 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 whilst in the Requesting State pursuant to a request under Articles 12 or 13;
         (b) the expenses associated with conveying custodial or escorting officers; and
         (c) where required by the Requested Party, exceptional expenses in fulfilling the request.

ARTICLE 21

Consultation

The Parties shall consult promptly, at the request of either, concerning the interpretation or the application of this