Document ID: chunk:federal_register_of_legislation:F2006L03651:body:0:p12
Version: federal_register_of_legislation:F2006L03651
Segment Type: other
Provision Reference: 
Character Range: 27972–30716

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 instruments or proceeds may be located in its jurisdiction.

2. Where suspected instruments or proceeds of crime are found or are believed to be located in the Requested Party, the Requested Party shall take such measures as are permitted by its laws to prevent any dealing in, transfer or disposal of, those suspected instruments or proceeds of crime, pending a final determination in respect of those instruments or proceeds by a court of the Requesting Party.

3. The Requested Party shall, to the extent permitted by its laws, give effect to a final order forfeiting the instruments or proceeds of crime, or a declaration that such instruments or proceeds of crime have been forfeited or a final order for the recovery of pecuniary penalties made by a court of the Requesting Party. The Requested Party shall assist the Requesting Party in any related proceedings arising from the enforcement of such final order or declaration in the Requested Party.

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

5. The Requested Party shall deal with the forfeited instruments or proceeds of crime or the recovered pecuniary penalties in accordance with its laws. To the extent permitted by its laws, the Requested Party may transfer all or any part of the forfeited proceeds or instruments of crime or the value thereof or recovered pecuniary penalties to the Requesting Party upon such terms as it deems appropriate.

6. In this Treaty "proceeds of crime" includes any property derived or realised, directly or indirectly, from the commission of an offence or property which represents the equivalent value of the property and other benefits derived from the commission of an offence.

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

ARTICLE 21
CERTIFICATION AND AUTHENTICATION

1. Documents, records or items 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, records or items furnished in response to a request shall be similarly authenticated if requested.

2. Documents, records or items are authenticated for the purposes of this Treaty if:

(a) they purport to be signed or certified by a judge, magistrate or other officer duly authorised by the laws of the Party sending the documents, records or items; and

(b)