Document ID: chunk:federal_register_of_legislation:F2004C00892:body:0:p8
Version: federal_register_of_legislation:F2004C00892
Segment Type: other
Provision Reference: 
Character Range: 17906–20615

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 alleged 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, upon request, take such action as is 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, upon request and insofar as its law permits, give effect to a final order forfeiting or confiscating the proceeds of crime, made by a court of the Requesting State, being an order that, but for the location of the property, would be enforceable in the Requesting State.

4. In the application of this Article the rights of bona fide third parties which have not been determined by courts of the Requesting State shall be respected under the law of the Requested State.

5. The Requested State shall retain the property obtained in satisfaction of the order referred to in paragraph 3 unless otherwise mutually decided in a particular case.

6. In making a request for restraint pursuant to this Article, the Requesting State shall notify the Requested State of the estimated time which will elapse before final judgment may be given.  If final judgment is not given by the expiration of the time estimated in the request, the Requesting State shall advise the Requested State of the stage of proceedings reached and a revised estimate of time.  The Requested State may then impose a condition setting the duration of the restraint.

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 that property as well as any other benefits derived from the commission of an offence.

8. The Requesting State shall promptly inform the Requested State of any circumstances, including any other enforcement action,