A/AC.291/L.15
Parties involved shall ensure that the sovereignty of the State Party in whose territory
such investigations are to take place is fully respected.
Article 49. Mechanisms for the recovery of property through
international cooperation in confiscation
[agreed ad referendum]
1.
Each State Party, in order to provide mutual legal assistance pursuant to
article 50 of this Convention with respect to property acquired through or involved in
the commission of an offence established in accordance with this Convention, shall,
in accordance with its domestic law:
(a) Take such measures as may be necessary to permit its competent
authorities to give effect to an order of confiscation issued by a court of another State
Party;
(b) Take such measures as may be necessary to permit its competent
authorities, where they have jurisdiction, to order the confiscation of such property of
foreign origin by adjudication of an offence of money-laundering or such other
offence as may be within its jurisdiction or by other procedures authorized under its
domestic law; and
(c) Consider taking such measures as may be necessary to allow confiscation
of such property without a criminal conviction in cases in which the offender cannot
be prosecuted by reason of death, flight or absence or in other appropriate cases.
2.
Each State Party, in order to provide mutual legal assistance upon a request made
pursuant to article 50, paragraph 2, of this Convention, shall, in accordance with its
domestic law:
(a) Take such measures as may be necessary to permit its competent
authorities to freeze or seize property upon a freezing or seizure order issued by a
court or competent authority of a requesting State Party that provides a reasonable
basis for the requested State Party to believe that there are sufficient grounds for
taking such actions and that the property would eventually be subject to an order of
confiscation for the purposes of paragraph 1 (a) of this article;
(b) Take such measures as may be necessary to permit its competent
authorities to freeze or seize property upon a request that provides a reasonable basis
for the requested State Party to believe that there are sufficient grounds for taking
such actions and that the property would eventually be subject to an order of
confiscation for the purposes of paragraph 1 (a) of this article; and
(c) Consider taking additional measures to permit its competent authorities to
preserve property for confiscation, such as on the basis of a foreign arrest or criminal
charge related to the acquisition of such property.
Article 50. International cooperation for the purposes of confiscation
[agreed ad referendum]
1.
A State Party that has received a request from another State Party having
jurisdiction over an offence established in accordance with this Convention for the
confiscation of proceeds of crime, property, equipment or other instrumentalities
referred to in article 31, paragraph 1, of this Convention situated in its territory shall,
to the greatest extent possible within its domestic legal system:
(a) Submit the request to its competent authorities for the purpose of obtaining
an order of confiscation and, if such an order is granted, give effect to it; or
(b) Submit to its competent authorities, with a view to giving effect to it to the
extent requested, an order of confiscation issued by a court in the territory of the
requesting State Party in accordance with article 31, paragraph 1, of this Convention
insofar as it relates to proceeds of crime, property, equipment or other
instrumentalities situated in the territory of the requested State Party.
30/41
V.24-14137