Document ID: chunk:federal_register_of_legislation:F2008L03492:body:0:p9
Version: federal_register_of_legislation:F2008L03492
Segment Type: other
Provision Reference: 
Character Range: 20334–23005

reasonable measures to locate and identify persons or articles believed to be in that State and needed in connection with a criminal investigation, prosecution or proceeding in the Requesting State.

2. The Requested State shall communicate to the Requesting State as soon as possible the results of the measures taken pursuant to this Article.

Article 16
Instruments and Proceeds of Crime

1. The Requested State shall, upon request, endeavour to ascertain whether any instruments or proceeds of 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 instruments or proceeds may be located in the latter's jurisdiction.

2. A request under this Article shall include, when appropriate, the court order, if any, sought to be enforced and, if it is a final order, a statement to the effect that it is a final order.

3. Where, pursuant to paragraph 1 of this Article, suspected instruments or 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 such instruments or proceeds of crime, pending a final determination in respect of those instruments or proceeds by a court of the Requesting State.

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

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

6. The Requested State in control of confiscated instruments or proceeds of crime shall deal with those instruments or proceeds in accordance with its law. To the extent permitted by its law and upon such terms as it deems appropriate, the Requested State may transfer confiscated proceeds or instruments of crime or the value of instruments of crime to the Requesting State.

7. 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.

8. In this Article "instruments of crime" means any property used in or intended to be used in, or in connection with, the commission of an offence.

Article 17
Availability of Persons to Give Evidence
or Assist in Investigations

1. When a person in the Requested State is needed to appear as a