Document ID: chunk:federal_register_of_legislation:F2016L00536:schedule:1:p8
Version: federal_register_of_legislation:F2016L00536
Segment Type: schedule
Provision Reference: sch 1 (pt 8/11)
Character Range: 22195–25010

the Requesting Party pursuant to a request under Article 16.

Article 18
Safe Conduct

 1.                 Any person who attends in the territory of the Requesting Party pursuant to Article 16 or 17 shall not:

       a)      be detained, prosecuted or punished by that Party for any offence or be subject to any civil suit in the territory of that Party in respect of any act or omission which preceded that person's departure from the territory of the Requested Party; or

       b)      without that person's consent be required to give evidence in any proceeding other than the proceeding to which the request relates.

2.                   Paragraph 1 of this Article shall cease to apply if a person, being free to leave the Requesting Party, has not left it within a period of 30 (thirty) consecutive days after being officially notified that that person's attendance is no longer required or, having left the territory, has returned.

3.                   Any person who fails to appear in the territory of the Requesting Party may not be subjected to any sanction or compulsory measure in the territory of the Requested Party or in the territory of the Requesting Party unless the person returns voluntarily to the territory of the Requesting Party and is there again duly served and fails to comply with that later service.

Article 19
Proceeds and Instruments of Crime

 1.                 The Requested Party shall, upon request, endeavour to ascertain whether any proceeds or instruments of a crime are located within its jurisdiction and shall notify the Requesting Party of the results of its inquiries. In making the request, the Requesting Party shall notify the Requested Party of the basis of its belief that such proceeds or instruments may be located in its jurisdiction.

2.                   Where, pursuant to paragraph 1 of this Article, suspected proceeds or instruments of crime are found, the Requested Party shall take measures, as are permitted by its law, including provisional measures if appropriate, to freeze, seize and confiscate such proceeds or instruments.

3.                   The Requested Party shall, to the extent permitted by its law, give effect to a final order to forfeit or confiscate the proceeds or instruments of crime made by a court of the Requesting Party or take such other appropriate action to secure the proceeds or instruments following a request by the Requesting Party.

4.                   The Party that has custody over proceeds and instruments of crime shall dispose of them according to its laws. Insofar as its laws 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.