Document ID: chunk:federal_register_of_legislation:F2010L00604:body:0:p9
Version: federal_register_of_legislation:F2010L00604
Segment Type: other
Provision Reference: 
Character Range: 20476–23263

its inquiries. In making the request, the Requesting State shall notify the Requested State of the basis of its belief that such proceeds may be located in its jurisdiction.

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

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

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

5. Where proceeds of crime have been forfeited or confiscated under paragraph 3, the Requested State shall dispose of them in accordance with its laws. The Requested State may transfer the proceeds to the Requesting State to the extent permitted by its laws, or share the proceeds with the Requesting State.

6.                   In this Article "proceeds of crime" means any assets derived or realised, directly or indirectly, by any person as a result of criminal conduct, or the value of any such assets.

7. In this Article "assets" includes money and all kinds of moveable or immoveable and tangible or intangible property.

ARTICLE 18
INSTRUMENTS OF CRIME

 1.                Each State shall assist the other to the extent permitted by the law of the Requested State in proceedings relating to the restraint, forfeiture or confiscation of instruments of crime.
 2.                The Requested State may transfer the instruments of crime to the Requesting State, if the Requesting State agrees to the terms and conditions of such transfer as suggested by the Requested State.

 3.                In this Article "instruments of crime" means any property that has been, is being or is intended to be used in or in connection with the commission of an offence.

ARTICLE 19
RETURN OF EMBEZZLED PUBLIC FUNDS

1. When the Requested State seizes, confiscates or causes the forfeiture of assets that constitute public funds, whether or not these have been laundered, and which have been embezzled from the Requesting State, the Requested State shall, to the extent permitted by its law, return the seized, confiscated or forfeited assets, less any reasonable costs of realisation, to the Requesting State.

2. The return shall occur once a final judgment has been given in the Requesting State.

ARTICLE 20
SUBSIDIARY ARRANGEMENTS

The Central Authorities may enter into subsidiary arrangements to facilitate the functioning of this Treaty. Such