A/AC.291/L.15
2.
Following a request made by another State Party having jurisdiction over an
offence established in accordance with this Convention, the requested State Party
shall take measures to identify, trace and freeze or seize proceeds of crime, property,
equipment or other instrumentalities referred to in article 31, paragraph 1, of this
Convention for the purpose of eventual confiscation to be ordered either by the
requesting State Party or, pursuant to a request under paragraph 1 of this article, by
the requested State Party.
3.
The provisions of article 40 of this Convention are applicable, mutatis mutandis,
to this article. In addition to the information specified in article 40, paragraph 15, of
this Convention, requests made pursuant to this article shall contain:
(a) In the case of a request pertaining to paragraph 1 (a) of this article, a
description of the property to be confiscated, including, to the extent possible, the
location, and where relevant, the estimated value of the property and a statement of
the facts relied upon by the requesting State Party sufficient to enable the requested
State Party to seek the order under its domestic law;
(b) In the case of a request pertaining to paragraph 1 (b) of this article, a
legally admissible copy of an order of confiscation upon which the request is based
issued by the requesting State Party, a statement of the facts and information as to the
extent to which execution of the order is requested, a statement specifying the
measures taken by the requesting State Party to provide adequate notification to bona
fide third parties and to ensure due process, and a statement that the confiscation order
is final;
(c) In the case of a request pertaining to paragraph 2 of this article, a statement
of the facts relied upon by the requesting State Party and a description of the actions
requested and, where available, a legally admissible copy of an order on which the
request is based.
4.
The decisions or actions provided for in paragraphs 1 and 2 of this article shall
be taken by the requested State Party in accordance with and subject to the provisions
of its domestic law and its procedural rules or any bilateral or multilateral treat y,
agreement or arrangement to which it may be bound in relation to the requesting State
Party.
5.
Each State Party shall furnish copies of its laws and regulations that give effect
to this article and of any subsequent changes to such laws and regulations or a
description thereof to the Secretary-General of the United Nations.
6.
If a State Party elects to make the taking of the measures referred to in
paragraphs 1 and 2 of this article conditional on the existence of a relevant treaty, that
State Party shall consider this Convention the necessary and sufficient treaty basis.
7.
Cooperation under this article may also be refused or provisional measures may
be lifted if the requested State Party does not receive sufficient and timely evidence
or if the property is of a de minimis value.
8.
Before lifting any provisional measure taken pursuant to this article, the
requested State Party shall, wherever possible, give the requesting State Party an
opportunity to present its reasons in favour of continuing the measure.
9.
The provisions of this article shall not be construed as prejudicing the rights of
bona fide third parties.
10. States Parties shall consider concluding bilateral or multilateral treaties,
agreements or arrangements to enhance the effectiveness of international cooperation
undertaken pursuant to this article.
Article 51. Special cooperation
[agreed ad referendum]
Without prejudice to its domestic law, each State Party shall endeavour to take
measures to permit it to forward, without prejudice to its own criminal investigations,
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