Document ID: chunk:federal_register_of_legislation:F2005B00011:body:0:p7
Version: federal_register_of_legislation:F2005B00011
Segment Type: other
Provision Reference: 
Character Range: 15498–18281

record may be provided to its own law enforcement and judicial authorities.

ARTICLE 16

SEARCH AND SEIZURE

1. The Requested State shall, insofar as its law permits, carry out requests for search and seizure and delivery of material to the Requesting State provided the information supplied, including additional information requested pursuant to paragraph 3 of Article 6, would justify such action under the law of the Requested State.

2. The Requested State shall provide such information as may be required by the Requesting State concerning the result of any search, the place of seizure, the circumstances of seizure, and the subsequent custody of the material seized.

3. The Requesting State shall observe any conditions imposed by the Requested State in relation to any seized material which is delivered to the Requesting State.

ARTICLE 17

PROCEEDS OF CRIME

1. The Requested State shall, upon request, endeavour to ascertain whether any proceeds of a crime are located within its jurisdiction and shall notify the Requesting State of the results of 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 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. The Requested State shall return the property referred to in paragraph 3, or the value of that property, to the Requesting State.

6. In this Article "proceeds of crime" means any property suspected, or found by a court, to be property derived or realized, 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 18

CERTIFICATION AND AUTHENTICATION

1. Documents or materials supporting a request for assistance involving the use of compulsory measures or the forfeiture of proceeds of crime shall be authenticated in accordance with paragraph 2. Documents or materials furnished in response to a request shall be similarly authenticated if requested.

2. Documents and materials are authenticated for the purposes of this Treaty if:

       (a) they purport to