Document ID: chunk:federal_register_of_legislation:F2016L00536:schedule:1:p9
Version: federal_register_of_legislation:F2016L00536
Segment Type: schedule
Provision Reference: sch 1 (pt 9/11)
Character Range: 24784–27594

so permit, and on such terms as may be appropriate, the said Party may share with or return to the other any confiscated property or the proceeds from the sale thereof, less any costs resulting from the granting of assistance. The transfer of such property or proceeds shall generally be made on the basis of a final order referred to in paragraph 3 of this Article; however, the Requested Party may transfer or return such property or proceeds at an earlier stage, in accordance with its domestic law.

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

6.                   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.

7.                   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 20
Service of Documents

 1.                 The Requested Party shall effect service of documents which are transmitted to it for this purpose by the Requesting Party.

2.                   A request to effect service of a document requiring the appearance of a person shall be made to the Requested Party not less than forty‑five (45) days before the date on which the appearance is required. In urgent cases, the Requested Party may waive this requirement.

3.                   The Requested Party may effect service of any document by mail or, if the Requesting Party so requests, in any other manner required by the law of the Requesting Party which is not inconsistent with the law of the Requested Party.

4.                   The Requested Party shall forward to the Requesting Party proof of service of the documents. If service cannot be effected, the Requesting Party shall be so informed and advised of the reasons.

Article 21
Provision of publicly available and official documents

 1.                 The Requested Party shall provide copies of documents and records that are open to public access as part of a public register or otherwise, or that are available for purchase by the public.

2.                   The Requested Party may provide copies of any official documents or records in the same manner and under the same conditions as such documents or records may be provided to its own law enforcement and judicial authorities.

Article 22
Search and Seizure

 1.                 The Requested Party shall, insofar as its law permits, carry out requests for search and seizure and delivery of material to the Requesting Party provided