Document ID: chunk:federal_register_of_legislation:F1997B02795:body:0:p8
Version: federal_register_of_legislation:F1997B02795
Segment Type: other
Provision Reference: 
Character Range: 18206–21009

for purchase by the public.

    2. Subject to its laws and if deemed appropriate, the Requested State may provide copies of any official document or record in the same manner and under the same conditions as such document or record may be provided to its own law enforcement and judicial authorities.

    3. Nothing in this Article shall be understood as imposing upon a Contracting Party an obligation to provide any document which, according to its laws or procedures, is required to be kept confidential.

ARTICLE 16

CERTIFICATION AND AUTHENTICATION

    1. When a request for assistance is supported by documents which have the effect of requiring the seizure or forfeiture of proceeds or instrumentalities of crime, such documents shall be authenticated.  Documents provided in response to a request shall be similarly authenticated if so requested.

    2. For the purposes of this Treaty, documents are authenticated:

     When the document is to be used in Australia:
        (a) if it purports to be signed or certified by a Judge, Magistrate or other judicial officer in or of Ecuador; and
        (b) if it purports to be sealed with an official or public seal of Ecuador or of a Minister of State, or of a department or officer of the Government, of Ecuador.
 When the document is to be used in Ecuador:
        (a) if it is signed or certified by a magistrate, judge or other competent authority of Australia; and
        (b) if the signature of the magistrate, the judge or the competent officer sending the document is legalized by the Department of Foreign Affairs and Trade of Australia in accordance with its practice.

ARTICLE 17

SEARCH AND SEIZURE

    1. The Requested State shall, insofar as its law permits, carry out requests for search and seizure and delivery of specified material to the Requesting State provided the information supplied, including additional information requested pursuant to paragraph 4 of Article 5, if any, would justify such action under the law of the Requested State.
    2. The Requested State shall provide 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 18

PROCEEDS OF CRIME

    1. The Requested State shall, upon request, endeavour to ascertain whether any proceeds of a 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 proceeds may