Commonwealth Numbered Regulations

MUTUAL ASSISTANCE IN CRIMINAL MATTERS (MONEY-LAUNDERING CONVENTION) REGULATIONS - SCHEDULE 1

                               SCHEDULE 1                 Regulation 4

CONVENTION ON LAUNDERING, SEARCH, SEIZURE AND CONFISCATION OF
THE PROCEEDS FROM CRIME
PREAMBLE The member States of the Council of Europe and the other States
signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater
unity between its members;

Convinced of the need to pursue a common criminal policy aimed at the
protection of society;

Considering that the fight against serious crime, which has become an
increasingly international problem, calls for the use of modern and effective
methods on an international scale;

Believing that one of these methods consists in depriving criminals of the
proceeds from crime;

Considering that for the attainment of this aim a well-functioning system of
international co-operation also must be established, Have agreed as follows:
CHAPTER 1
USE OF TERMS
Article 1
Use of terms For the purposes of this Convention: a. "proceeds" means any
economic advantage from criminal offences. It may consist of any property as
defined in sub-paragraph b of this article; b. "property" includes property of
any description, whether corporeal or incorporeal, movable or immovable, and
legal documents or instruments evidencing title to, or interest in such
property; c. "instrumentalities" means any property used or intended to be
used, in any manner, wholly or in part, to commit a criminal offence or
criminal offences; d. "confiscation" means a penalty or a measure, ordered by
a court following proceedings in relation to a criminal offence or criminal
offences resulting in the final deprivation of property; e. "predicate
offence" means any criminal offence as a result of which proceeds were
generated that may become the subject of an offence as defined in Article 6 of
this Convention.
CHAPTER II
MEASURES TO BE TAKEN AT NATIONAL LEVEL
Article 2
Confiscation measures 1. Each Party shall adopt such legislative and other
measures as may be necessary to enable it to confiscate instrumentalities and
proceeds or property the value of which corresponds to such proceeds. 2. Each
Party may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession, by a declaration addressed to
the Secretary General of the Council of Europe, declare that paragraph 1 of
this article applies only to offences or categories of offences specified in
such declaration.
Article 3
Investigative and provisional measures Each Party shall adopt such legislative
and other measures as may be necessary to enable it to identify and trace
property which is liable to confiscation pursuant to Article 2, paragraph 1,
and to prevent any dealing in, transfer or disposal of such property.
Article 4
Special investigative powers and techniques 1. Each Party shall adopt such
legislative and other measures as may be necessary to empower its courts or
other competent authorities to order that bank, financial or commercial
records be made available or be seized in order to carry out the actions
referred to in Articles 2 and 3. A Party shall not decline to act under the
provisions of this article on grounds of bank secrecy. 2. Each Party shall
consider adopting such legislative and other measures as may be necessary to
enable it to use special investigative techniques facilitating the
identification and tracing of proceeds and the gathering of evidence related
thereto. Such techniques may include monitoring orders, observation,
interception of telecommunications, access to computer systems and orders to
produce specific documents.
Article 5
Legal remedies Each Party shall adopt such legislative and other measures as
may be necessary to ensure that interested parties affected by measures under
Articles 2 and 3 shall have effective legal remedies in order to preserve
their rights.
Article 6
Laundering offences 1. Each Party shall adopt such legislative and other
measures as may be necessary to establish as offences under its domestic law,
when committed intentionally: a. the conversion or transfer of property,
knowing that such property is proceeds, for the purpose of concealing or
disguising the illicit origin of the property or of assisting any person who
is involved in the commission of the predicate offence to evade the legal
consequences of his actions; b. the concealment or disguise of the true
nature, source, location, disposition, movement, rights with respect to, or
ownership of, property, knowing that such property is proceeds; and, subject
to its constitutional principles and the basic concepts of its legal system:
c. the acquisition, possession or use of property, knowing, at the time of
receipt, that such property was proceeds; d. participation in, association or
conspiracy to commit, attempts to commit and aiding, abetting, facilitating
and counselling the commission of any of the offences established in
accordance with this article. 2. For the purposes of implementing or applying
paragraph 1 of this article: a. it shall not matter whether the predicate
offence was subject to the criminal jurisdiction of the Party; b. it may be
provided that the offences set forth in that paragraph do not apply to the
persons who committed the predicate offence; c. knowledge, intent or purpose
required as an element of an offence set forth in that paragraph may be
inferred from objective, factual circumstances. 3. Each Party may adopt such
measures as it considers necessary to establish also as offences under its
domestic law all or some of the acts referred to in paragraph 1 of this
article, in any or all of the following cases where the offender: a. ought to
have assumed that the property was proceeds; b. acted for the purpose of
making profit; c. acted for the purpose of promoting the carrying on of
further criminal activity. 4. Each Party may, at the time of signature or when
depositing its instrument of ratification, acceptance, approval or accession,
by declaration addressed to the Secretary General of the Council of Europe
declare that paragraph 1 of this article applies only to predicate offences or
categories of such offences specified in such declaration.
CHAPTER III
INTERNATIONAL CO-OPERATION
Section 1
Principles of international co-operation
Article 7
General principles and measures for international co-operation 1. The Parties
shall co-operate with each other to the widest extent possible for the
purposes of investigations and proceedings aiming at the confiscation of
instrumentalities and proceeds. 2. Each Party shall adopt such legislative or
other measures as may be necessary to enable it to comply, under the
conditions provided for in this chapter, with requests: a. for confiscation of
specific items of property representing proceeds or instrumentalities, as well
as for confiscation of proceeds consisting in a requirement to pay a sum of
money corresponding to the value of proceeds; b. for investigative assistance
and provisional measures with a view to either form of confiscation referred
to under a above.
Section 2
Investigative assistance
Article 8
Obligation to assist The Parties shall afford each other, upon request, the
widest possible measure of assistance in the identification and tracing of
instrumentalities, proceeds and other property liable to confiscation. Such
assistance shall include any measure providing and securing evidence as to the
existence, location or movement, nature, legal status or value of the
aforementioned property.
Article 9
Execution of assistance The assistance pursuant to Article 8 shall be carried
out as permitted by and in accordance with the domestic law of the requested
Party and, to the extent not incompatible with such law, in accordance with
the procedures specified in the request.
Article 10
Spontaneous information Without prejudice to its own investigations or
proceedings, a Party may without prior request forward to another Party
information on instrumentalities and proceeds, when it considers that the
disclosure of such information might assist the receiving Party in initiating
or carrying out investigations or proceedings or might lead to a request by
that Party under this chapter.
Section 3
Provisional measures
Article 11
Obligation to take provisional measures 1. At the request of another Party
which has instituted criminal proceedings or proceedings for the purpose of
confiscation, a Party shall take the necessary provisional measures, such as
freezing or seizing, to prevent any dealing in, transfer or disposal of
property which, at a later stage, may be the subject of a request for
confiscation or which might be such as to satisfy the request. 2. A Party
which has received a request for confiscation pursuant to Article 13 shall, if
so requested, take the measures mentioned in paragraph 1 of this article in
respect of any property which is the subject of the request or which might be
such as to satisfy the request.
Article 12
Execution of provisional measures 1. The provisional measures mentioned in
Article 11 shall be carried out as permitted by and in accordance with the
domestic law of the requested Party and, to the extent not incompatible with
such law, in accordance with the procedures specified in the request. 2.
Before lifting any provisional measure taken pursuant to this article, the
requested Party shall, wherever possible, give the requesting Party an
opportunity to present its reasons in favour of continuing the measure.
Section 4
Confiscation
Article 13
Obligation to confiscate 1. A Party, which has received a request made by
another Party for confiscation concerning instrumentalities or proceeds,
situated in its territory, shall: a. enforce a confiscation order made by a
court of a requesting Party in relation to such instrumentalities or proceeds;
or b. submit the request to its competent authorities for the purpose of
obtaining an order of confiscation and, if such order is granted, enforce it.
2. For the purposes of applying paragraph 1.b of this article, any Party shall
whenever necessary have competence to institute confiscation proceedings under
its own law. 3. The provisions of paragraph 1 of this article shall also apply
to confiscation consisting in a requirement to pay a sum of money
corresponding to the value of proceeds, if property on which the confiscation
can be enforced is located in the requested Party. In such cases, when
enforcing confiscation pursuant to paragraph 1, the requested Party shall, if
payment is not obtained, realise the claim on any property available for that
purpose. 4. If a request for confiscation concerns a specific item of
property, the Parties may agree that the requested Party may enforce the
confiscation in the form of a requirement to pay a sum of money corresponding
to the value of the property.
Article 14
Execution of confiscation 1. The procedures for obtaining and enforcing the
confiscation under Article 13 shall be governed by the law of the requested
Party. 2. The requested Party shall be bound by the findings as to the facts
in so far as they are stated in a conviction or judicial decision of the
requesting Party or in so far as such conviction or judicial decision is
implicitly based on them. 3. Each Party may, at the time of signature or when
depositing its instrument of ratification, acceptance, approval or accession,
by a declaration addressed to the Secretary General of the Council of Europe,
declare that paragraph 2 of this article applies only subject to its
constitutional principles and the basic concepts of its legal system. 4. If
the confiscation consists in the requirement to pay a sum of money, the
competent authority of the requested Party shall convert the amount thereof
into the currency of that Party at the rate of exchange ruling at the time
when the decision to enforce the confiscation is taken. 5. In the case of
Article 13, paragraph 1.a, the requesting Party alone shall have the right to
decide on any application for review of the confiscation order.
Article 15
Confiscated property Any property confiscated by the requested Party shall be
disposed of by that Party in accordance with its domestic law, unless
otherwise agreed by the Parties concerned.
Article 16
Right of enforcement and maximum amount of confiscation 1. A request for
confiscation made under Article 13 does not affect the right of the requesting
Party to enforce itself the confiscation order. 2. Nothing in this Convention
shall be so interpreted as to permit the total value of the confiscation to
exceed the amount of the sum of money specified in the confiscation order. If
a Party finds that this might occur, the Parties concerned shall enter into
consultations to avoid such an effect.
Article 17
Imprisonment in default The requested Party shall not impose imprisonment in
default or any other measure restricting the liberty of a person as a result
of a request under Article 13, if the requesting Party has so specified in the
request.
Section 5
Refusal and postponement of co-operation
Article 18
Grounds for refusal 1. Co-operation under this chapter may be refused if: a.
the action sought would be contrary to the fundamental principles of the legal
system of the requested Party; or b. the execution of the request is likely to
prejudice the sovereignty, security, ordre public or other essential interests
of the requested Party; or c. in the opinion of the requested Party, the
importance of the case to which the request relates does not justify the
taking of the action sought; or d. the offence to which the request relates is
a political or fiscal offence; or e. the requested Party considers that
compliance with the action sought would be contrary to the principle of ne bis
in idem; or f. the offence to which the request relates would not be an
offence under the law of the requested Party if committed within its
jurisdiction. However, this ground for refusal applies to co-operation under
Section 2 only in so far as the assistance sought involves coercive action. 2.
Co-operation under Section 2, in so far as the assistance sought involves
coercive action, and under Section 3 of this chapter, may also be refused if
the measures sought could not be taken under the domestic law of the requested
Party for the purposes of investigations or proceedings, had it been a similar
domestic case. 3. Where the law of the requested Party so requires,
co-operation under Section 2, in so far as the assistance sought involves
coercive action, and under Section 3 of this chapter may also be refused if
the measures sought or any other measures having similar effects would not be
permitted under the law of the requesting Party, or, as regards the competent
authorities of the requesting Party, if the request is not authorised by
either a judge or another judicial authority, including public prosecutors,
any of these authorities acting in relation to criminal offences. 4.
Co-operation under Section 4 of this chapter may also be refused if: a. under
the law of the requested Party confiscation is not provided for in respect of
the type of offence to which the request relates; or b. without prejudice to
the obligation pursuant to Article 13, paragraph 3, it would be contrary to
the principles of the domestic laws of the requested Party concerning the
limits of confiscation in respect of the relationship between an offence and:
i. an economic advantage that might be qualified as its proceeds; or ii.
property that might be qualified as its instrumentalities; or c. under the law
of the requested Party confiscation may no longer be imposed or enforced
because of the lapse of time; or d. the request does not relate to a previous
conviction, or a decision of a judicial nature or a statement in such a
decision that an offence or several offences have been committed, on the basis
of which the confiscation has been ordered or is sought; or e. confiscation is
either not enforceable in the requesting Party, or it is still subject to
ordinary means of appeal; or f. the request relates to a confiscation order
resulting from a decision rendered in absentia of the person against whom the
order was issued and, in the opinion of the requested Party, the proceedings
conducted by the requesting Party leading to such decision did not satisfy the
minimum rights of defence recognised as due to everyone against whom a
criminal charge is made. 5. For the purposes of paragraph 4.f of this article
a decision is not considered to have been rendered in absentia if: a. it has
been confirmed or pronounced after opposition by the person concerned; or b.
it has been rendered on appeal, provided that the appeal was lodged by the
person concerned. 6. When considering, for the purposes of paragraph 4.f of
this article, if the minimum rights of defence have been satisfied, the
requested Party shall take into account the fact that the person concerned has
deliberately sought to evade justice or the fact that that person, having had
the possibility of lodging a legal remedy against the decision made in
absentia, elected not to do so. The same will apply when the person concerned,
having been duly served with the summons to appear, elected not to do so nor
to ask for adjournment. 7. A Party shall not invoke bank secrecy as a ground
to refuse any co- operation under this chapter. Where its domestic law so
requires, a Party may require that a request for co-operation which would
involve the lifting of bank secrecy be authorised by either a judge or another
judicial authority, including public prosecutors, any of these authorities
acting in relation to criminal offences. 8. Without prejudice to the ground
for refusal provided for in paragraph 1.a of this article: a. the fact that
the person under investigation or subjected to a confiscation order by the
authorities of the requesting Party is a legal person shall not be invoked by
the requested Party as an obstacle to affording any co-operation under this
chapter; b. the fact that the natural person against whom an order of
confiscation of proceeds has been issued has subsequently died or the fact
that a legal person against whom an order of confiscation of proceeds has been
issued has subsequently been dissolved shall not be invoked as an obstacle to
render assistance in accordance with Article 13, paragraph 1.a.
Article 19
Postponement The requested Party may postpone action on a request if such
action would prejudice investigations or proceedings by its authorities.
Article 20
Partial or conditional granting of a request Before refusing or postponing
co-operation under this chapter, the requested Party shall, where appropriate
after having consulted the requesting Party, consider whether the request may
be granted partially or subject to such conditions as it deems necessary.
Section 6
Notification and protection of third parties' rights
Article 21
Notification of documents 1. The Parties shall afford each other the widest
measure of mutual assistance in the serving of judicial documents to persons
affected by provisional measures and confiscation. 2. Nothing in this article
is intended to interfere with: a. the possibility of sending judicial
documents, by postal channels, directly to persons abroad; b. the possibility
for judicial officers, officials or other competent authorities of the Party
of origin to effect service of judicial documents directly through the
consular authorities of that Party or through judicial officers, officials or
other competent authorities of the Party of destination, unless the Party of
destination makes a declaration to the contrary to the Secretary General of
the Council of Europe at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession. 3. When serving
judicial documents to persons abroad affected by provisional measures or
confiscation orders issued in the sending Party, this Party shall indicate
what legal remedies are available under its law to such persons.
Article 22
Recognition of foreign decisions 1. When dealing with a request for
co-operation under Sections 3 and 4, the requested Party shall recognise any
judicial decision taken in the requesting Party regarding rights claimed by
third parties. 2. Recognition may be refused if: a. third parties did not have
adequate opportunity to assert their rights; or b. the decision is
incompatible with a decision already taken in the requested Party on the same
matter; or c. it is incompatible with the ordre public of the requested Party;
or d. the decision was taken contrary to provisions on exclusive jurisdiction
provided for by the law of the requested Party.
Section 7
Procedural and other general rules
Article 23
Central authority 1. The Parties shall designate a central authority or, if
necessary, authorities, which shall be responsible for sending and answering
requests made under this chapter, the execution of such requests or the
transmission of them to the authorities competent for their execution. 2. Each
Party shall, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession, communicate to the Secretary
General of the Council of Europe the names and addresses of the authorities
designated in pursuance of paragraph 1 of this article.
Article 24
Direct communication 1. The central authorities shall communicate directly
with one another. 2. In the event of urgency, requests or communications under
this chapter may be sent directly by the judicial authorities, including
public prosecutors, of the requesting Party to such authorities of the
requested Party. In such cases a copy shall be sent at the same time to the
central authority of the requested Party through the central authority of the
requesting Party. 3. Any request or communication under paragraphs 1 and 2 of
this article may be made through the International Criminal Police
Organisation (Interpol). 4. Where a request is made pursuant to paragraph 2 of
this article and the authority is not competent to deal with the request, it
shall refer the request to the competent national authority and inform
directly the requesting Party that it has done so. 5. Requests or
communications under Section 2 of this chapter, which do not involve coercive
action, may be directly transmitted by the competent authorities of the
requesting Party to the competent authorities of the requested Party.
Article 25
Form of request and languages 1. All requests under this chapter shall be made
in writing. Modern means of telecommunications, such as telefax, may be used.
2. Subject to the provisions of paragraph 3 of this article, translations of
the requests or supporting documents shall not be required. 3. At the time of
signature or when depositing its instrument of ratification, acceptance,
approval or accession, any Party may communicate to the Secretary General of
the Council of Europe a declaration that it reserves the right to require that
requests made to it and documents supporting such requests be accompanied by a
translation into its own language or into one of the official languages of the
Council of Europe or into such one of these languages as it shall indicate. It
may on that occasion declare its readiness to accept translations in any other
language as it may specify. The other Parties may apply the reciprocity rule.
Article 26
Legalisation Documents transmitted in application of this chapter shall be
exempt from all legalisation formalities.
Article 27
Content of request 1. Any request for co-operation under this chapter shall
specify: a. the authority making the request and the authority carrying out
the investigations or proceedings; b. the object of and the reason for the
request; c. the matters, including the relevant facts (such as date, place and
circumstances of the offence) to which the investigations or proceedings
relate, except in the case of a request for notification; d. in so far as the
co-operation involves coercive action: i. the text of the statutory
provisions, or where this is not possible, a statement of the relevant law
applicable; and ii. an indication that the measure sought or any other
measures having similar effects could be taken in the territory of the
requesting Party under its own law; e. where necessary and in so far as
possible: i. details of the person or persons concerned, including name, date
and place of birth, nationality and location, and, in the case of a legal
person, its seat; and ii. the property in relation to which co-operation is
sought, its location, its connection with the person or persons concerned, any
connection with the offence, as well as any available information about other
persons' interests in the property; and f. any particular procedure the
requesting Party wishes to be followed. 2. A request for provisional measures
under Section 3 in relation to seizure of property on which a confiscation
order consisting in the requirement to pay a sum of money may be realised
shall also indicate a maximum amount for which recovery is sought in that
property. 3. In addition to the indications mentioned in paragraph 1, any
request under Section 4 shall contain: a. in the case of Article 13, paragraph
1.a: i. a certified true copy of the confiscation order made by the court in
the requesting Party and a statement of the grounds on the basis of which the
order was made, if they are not indicated in the order itself; ii. an
attestation by the competent authority of the requesting Party that the
confiscation order is enforceable and not subject to ordinary means of appeal;
iii. information as to the extent to which the enforcement of the order is
requested; and iv. information as to the necessity of taking any provisional
measures; b. in the case of Article 13, paragraph 1.b, a statement of the
facts relied upon by the requesting Party sufficient to enable the requested
Party to seek the order under its domestic law; c. when third parties have had
the opportunity to claim rights, documents demonstrating that this has been
the case.
Article 28
Defective requests 1. If a request does not comply with the provisions of this
chapter or the information supplied is not sufficient to enable the requested
Party to deal with the request, that Party may ask the requesting Party to
amend the request or to complete it with additional information. 2. The
requested Party may set a time-limit for the receipt of such amendments or
information. 3. Pending receipt of the requested amendments or information in
relation to a request under Section 4 of this chapter, the requested Party may
take any of the measures referred to in Sections 2 or 3 of this chapter.
Article 29
Plurality of requests 1. Where the requested Party receives more than one
request under Sections 3 or 4 of this chapter in respect of the same person or
property, the plurality of requests shall not prevent that Party from dealing
with the requests involving the taking of provisional measures. 2. In the case
of plurality of requests under Section 4 of this chapter, the requested Party
shall consider consulting the requesting Parties.
Article 30
Obligation to give reasons The requested Party shall give reasons for any
decision to refuse, postpone or make conditional any co-operation under this
chapter.
Article 31
Information 1. The requested Party shall promptly inform the requesting Party
of: a. the action initiated on a request under this chapter; b. the final
result of the action carried out on the basis of the request; c. a decision to
refuse, postpone or make conditional, in whole or in part, any co-operation
under this chapter; d. any circumstances which render impossible the carrying
out of the action sought or are likely to delay it significantly; and e. in
the event of provisional measures taken pursuant to a request under Sections 2
or 3 of this chapter, such provisions of its domestic law as would
automatically lead to the lifting of the provisional measure. 2. The
requesting Party shall promptly inform the requested Party of: a. any review,
decision or any other fact by reason of which the confiscation order ceases to
be wholly or partially enforceable; and b. any development, factual or legal,
by reason of which any action under this chapter is no longer justified. 3.
Where a Party, on the basis of the same confiscation order, requests
confiscation in more than one Party, it shall inform all Parties which are
affected by an enforcement of the order about the request.
Article 32
Restriction of use 1. The requested Party may make the execution of a request
dependent on the condition that the information or evidence obtained will not,
without its prior consent, be used or transmitted by the authorities of the
requesting Party for investigations or proceedings other than those specified
in the request. 2. Each Party may, at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession, by
declaration addressed to the Secretary General of the Council of Europe,
declare that, without its prior consent, information or evidence provided by
it under this chapter may not be used or transmitted by the authorities of the
requesting Party in investigations or proceedings other than those specified
in the request.
Article 33
Confidentiality 1. The requesting Party may require that the requested Party
keep confidential the facts and substance of the request, except to the extent
necessary to execute the request. If the requested Party cannot comply with
the requirement of confidentiality, it shall promptly inform the requesting
Party. 2. The requesting Party shall, if not contrary to basic principles of
its national law and if so requested, keep confidential any evidence and
information provided by the requested Party, except to the extent that its
disclosure is necessary for the investigations or proceedings described in the
request. 3. Subject to the provisions of its domestic law, a Party which has
received spontaneous information under Article 10 shall comply with any
requirement of confidentiality as required by the Party which supplies the
information. If the other Party cannot comply with such requirement, it shall
promptly inform the transmitting Party.
Article 34
Costs The ordinary costs of complying with a request shall be borne by the
requested Party. Where costs of a substantial or extraordinary nature are
necessary to comply with a request, the Parties shall consult in order to
agree the conditions on which the request is to be executed and how the costs
shall be borne.
Article 35
Damages 1. When legal action on liability for damages resulting from an act or
omission in relation to co-operation under this chapter has been initiated by
a person, the Parties concerned shall consider consulting each other, where
appropriate, to determine how to apportion any sum of damages due. 2. A Party
which has become subject of a litigation for damages shall endeavour to inform
the other Party of such litigation if that Party might have an interest in the
case.
CHAPTER IV
FINAL PROVISIONS
Article 36
Signature and entry into force 1. This Convention shall be open for signature
by the member States of the Council of Europe and non-member States which have
participated in its elaboration. Such States may express their consent to be
bound by: a. signature without reservation as to ratification, acceptance or
approval; or b. signature subject to ratification, acceptance or approval,
followed by ratification, acceptance or approval. 2. Instruments of
ratification, acceptance or approval shall be deposited with the Secretary
General of the Council of Europe. 3. This Convention shall enter into force on
the first day of the month following the expiration of a period of three
months after the date on which three States, of which at least two are member
States of the Council of Europe, have expressed their consent to be bound by
the Convention in accordance with the provisions of paragraph 1. 4. In respect
of any signatory State which subsequently expresses its consent to be bound by
it, the Convention shall enter into force on the first day of the month
following the expiration of a period of three months after the date of the
expression of its consent to be bound by the Convention in accordance with the
provisions of paragraph 1.
Article 37
Accession to the Convention 1. After the entry into force of this Convention,
the Committee of Ministers of the Council of Europe, after consulting the
Contracting States to the Convention, may invite any State not a member of the
Council and not having participated in its elaboration to accede to this
Convention, by a decision taken by the majority provided for in Article 20.d
of the Statute of the Council of Europe and by the unanimous vote of the
representatives of the Contracting States entitled to sit on the Committee. 2.
In respect of any acceding State the Convention shall enter into force on the
first day of the month following the expiration of a period of three months
after the date of deposit of the instrument of accession with the Secretary
General of the Council of Europe.
Article 38
Territorial application 1. Any State may, at the time of signature or when
depositing its instrument of ratification, acceptance, approval or accession,
specify the territory or territories to which this Convention shall apply. 2.
Any State may, at any later date, by a declaration addressed to the Secretary
General of the Council of Europe, extend the application of this Convention to
any other territory specified in the declaration. In respect of such territory
the Convention shall enter into force on the first day of the month following
the expiration of a period of three months after the date of receipt of such
declaration by the Secretary General. 3. Any declaration made under the two
preceding paragraphs may, in respect of any territory specified in such
declaration, be withdrawn by a notification addressed to the Secretary
General. The withdrawal shall become effective on the first day of the month
following the expiration of a period of three months after the date of receipt
of such notification by the Secretary General.
Article 39
Relationship to other conventions and agreements 1. This Convention does not
affect the rights and undertakings derived from international multilateral
conventions concerning special matters. 2. The Parties to the Convention may
conclude bilateral or multilateral agreements with one another on the matters
dealt with in this Convention, for purposes of supplementing or strengthening
its provisions or facilitating the application of the principles embodied in
it. 3. If two or more Parties have already concluded an agreement or treaty in
respect of a subject which is dealt with in this Convention or otherwise have
established their relations in respect of that subject, they shall be entitled
to apply that agreement or treaty or to regulate those relations accordingly,
in lieu of the present Convention, if it facilitates international
co-operation.
Article 40
Reservations 1. Any State may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, declare that it
avails itself of one or more of the reservations provided for in Article 2,
paragraph 2, Article 6, paragraph 4, Article 14, paragraph 3, Article 21,
paragraph 2, Article 25, paragraph 3 and Article 32, paragraph 2. No other
reservation may be made. 2. Any State which has made a reservation under the
preceding paragraph may wholly or partly withdraw it by means of a
notification addressed to the Secretary General of the Council of Europe. The
withdrawal shall take effect on the date of receipt of such notification by
the Secretary General. 3. A Party which has made a reservation in respect of a
provision of this Convention may not claim the application of that provision
by any other Party; it may, however, if its reservation is partial or
conditional, claim the application of that provision in so far as it has
itself accepted it.
Article 41
Amendments 1. Amendments to this Convention may be proposed by any Party, and
shall be communicated by the Secretary General of the Council of Europe to the
member States of the Council of Europe and to every non- member State which
has acceded to or has been invited to accede to this Convention in accordance
with the provisions of Article 37. 2. Any amendment proposed by a Party shall
be communicated to the European Committee on Crime Problems which shall submit
to the Committee of Ministers its opinion on that proposed amendment. 3. The
Committee of Ministers shall consider the proposed amendment and the opinion
submitted by the European Committee on Crime Problems and may adopt the
amendment. 4. The text of any amendment adopted by the Committee of Ministers
in accordance with paragraph 3 of this article shall be forwarded to the
Parties for acceptance. 5. Any amendment adopted in accordance with paragraph
3 of this article shall come into force on the thirtieth day after all Parties
have informed the Secretary General of their acceptance thereof.
Article 42
Settlement of disputes 1. The European Committee on Crime Problems of the
Council of Europe shall be kept informed regarding the interpretation and
application of this Convention. 2. In case of a dispute between Parties as to
the interpretation or application of this Convention, they shall seek a
settlement of the dispute through negotiation or any other peaceful means of
their choice, including submission of the dispute to the European Committee on
Crime Problems, to an arbitral tribunal whose decisions shall be binding upon
the Parties, or to the International Court of Justice, as agreed upon by the
Parties concerned.
Article 43
Denunciation 1. Any Party may, at any time, denounce this Convention by means
of a notification addressed to the Secretary General of the Council of Europe.
2. Such denunciation shall become effective on the first day of the month
following the expiration of a period of three months after the date of receipt
of the notification by the Secretary General. 3. The present Convention shall,
however, continue to apply to the enforcement under Article 14 of confiscation
for which a request has been made in conformity with the provisions of this
Convention before the date on which such a denunciation takes effect.
Article 44
Notifications The Secretary General of the Council of Europe shall notify the
member States of the Council and any State which has acceded to this
Convention of: a. any signature; b. the deposit of any instrument of
ratification, acceptance, approval or accession; c. any date of entry into
force of this Convention in accordance with Articles 36 and 37; d. any
reservation made under Article 40, paragraph 1; e. any other act, notification
or communication relating to this Convention. In witness whereof the
undersigned, being duly authorised thereto, have signed this Convention. Done
at Strasbourg, this 8th day of November 1990, in English and in French, both
texts being equally authentic, in a single copy which shall be deposited in
the archives of the Council of Europe. The Secretary General of the Council of
Europe shall transmit certified copies to each member State of the Council of
Europe, to the non-member States which have participated in the elaboration of
this Convention, and to any State invited to accede to it.