Document ID: chunk:federal_register_of_legislation:F2001B00198:body:0:p7
Version: federal_register_of_legislation:F2001B00198
Segment Type: other
Provision Reference: 
Character Range: 15412–18208

its jurisdiction and shall notify the Requesting State of the results of its inquiries.  In its request, the Requesting State shall set out the basis of its belief that such proceeds may be located in the jurisdiction of the Requested State.

2. Where, pursuant to paragraph 1, suspected proceeds of crime are found, the Requested State shall, on request of the judicial authorities of the Requesting State, take such measures as are 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, on request and to the extent permitted by its law, give effect to a final order made by a court of the Requesting State confiscating the proceeds of crime restrained pursuant to paragraph 2.

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

5. The Requested State shall return the property referred to in paragraph 3, or the value of that property, to the Requesting State unless the offence which resulted in the confiscation order referred to in paragraph 3 was within the jurisdiction of the Requested State.

Article 17
Certification and authentication

1. Documents or materials supporting a request for assistance involving the use of compulsory measures including search and seizure or the confiscation of proceeds of crime shall be authenticated in accordance with paragraph 2 of this Article.  If requested by the Requesting State, documents or materials furnished by the Requested State shall be similarly authenticated.

2. Documents and materials are authenticated for the purposes of this Treaty if:

       (a) they purport to be signed or certified by a judge, magistrate or other officer in or of the State sending the document; and

       (b) they purport to be sealed with an official seal of the State sending the document or of a minister of state, or of a Department or officer of the Government, of that State.

Article 18
Representation and expenses

1. The Requested State shall make all necessary arrangements for the representation of the Requesting State in any proceedings arising out of a request for assistance and shall otherwise represent the interests of the Requesting State.

2. The Requested State shall meet the cost of fulfilling the request for assistance except that the Requesting State shall bear:

       (a) the travelling expenses of a person to or from the territory of the Requested State, and any allowances or expenses payable to that person whilst in the Requesting State;

       (b) the expenses associated with conveying custodial or escorting officers; and

       (c) where