Document ID: chunk:federal_register_of_legislation:F1996B01929:body:0:p9
Version: federal_register_of_legislation:F1996B01929
Segment Type: other
Provision Reference: 
Character Range: 20738–23504

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 and in any manner permitted by its law, confiscate or forfeit the proceeds of crime located within its jurisdiction.  For the purposes of this paragraph, the Requested State may either:
         (a) submit an order of a court of the Requesting State to its competent authorities for enforcement; or
         (b) initiate proceedings in its own courts with a view to obtaining an order forfeiting the proceeds.  The Requesting State shall provide all necessary evidence in order to facilitate these proceedings.

 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 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 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 19

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 be signed or certified by a judge, magistrate or other competent authority in or of the State sending the document; and
         (b) they purport to be sealed with an official seal of:
 (i) the State sending the document;
 (ii) a minister of state of that State; or
 (iii) a department of state of that State.

 3. Copies of original documents and materials are certified for the purposes of this Treaty if a judge, magistrate, or other competent authority of the State sending the copy certifies that it is a true and correct copy of the original document or