Scope Of The Convention On Laundering, Search, Seizure And Confiscation Of The Proceeds From Crime

Original Language Title: Geltungsbereich des Übereinkommens über Geldwäsche sowie Ermittlung, Beschlagnahme und Einziehung von Erträgen aus Straftaten

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62. Revocation of the Federal Chancellor concerning the scope of the Convention on money laundering and the investigation, seizure and confiscation of the proceeds of crime

According to the Council of Europe's Secretary-General, Serbia and Montenegro (now Serbia) have been notified of the 9. The Council adopted a resolution on the Convention on money laundering and the investigation, seizure and confiscation of the proceeds of crime (BGBl) in October 2003. III n ° 153/1997, last proclamation of the BGBl area. III n ° 197/2005) and on the occasion of which the following reservations are stated:

In accordance with Article 14 (3) of the Convention, paragraph 2 of this Convention is applied only subject to the constitutional principles and the broad guidelines of the legal order of Serbia and Montenegro.

The service of judicial documents within the meaning of Article 21 (2) of the Convention shall be admissible in Serbia and Montenegro only if it is provided for in any other envisaged bilateral or multilateral agreement.

In accordance with Article 25 (3), Serbia and Montenegro declare that the requests for information and the annexed documents must be transmitted with a translation into the Serbian or English language.

In accordance with Article 32 (2) of the Convention, the information or evidence provided by Serbia and Montenegro under this Chapter may not be used by the authorities of the requesting Contracting Party without its prior consent for any other than the investigative or procedural uses referred to in the request shall be used or transmitted.

Montenegro also has 13. On 6 June 2006, it declared that it had continued to comply with the Convention on 6 June 2006 and, on the occasion of its declaration of continuity, confirmed the reservations made by Serbia and Montenegro.

According to a further note by the Secretary-General of the Council of Europe, Malta has reservations on 20 June 2006. 1 Article 2 (2) and Article 6 (4) partially withdrawn and amended on 6 September 2007 as follows:

" In accordance with Article 2 (2) of the Convention, Malta declares that paragraph 1 of this article is applied to any offence punishable by a custodial sentence of more than one year.

In accordance with Article 6 (4) of the Convention, Malta declares that paragraph 1 of this Article shall be applied to any offence relating to a custodial sentence of more than one year. "

In addition, Spain 2 On 5 March 2008 the following statement was made:

In the event that the Convention on money laundering, the investigation, seizure and confiscation of the proceeds of crime by the United Kingdom, extends to Gibraltar, the Kingdom of Spain wishes to make the following statement:

1. Gibraltar is a territory without self-government for whose international relations the United Kingdom is responsible and which is in a process of decolonization in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

2. The authorities of Gibraltar are of a local nature and shall exercise exclusively internal competences originating in and based on the distribution and allocation of responsibilities which the United Kingdom is responsible for in accordance with its national law. legislation and, in its capacity as a sovereign State, from which the said territory is dependent on the absence of self-government.

3. Consequently, the eventual participation of the authorities of Gibraltar in the application of the Convention shall be understood as taking place exclusively within the limits of the internal competences of Gibraltar, and shall not be regarded as such as they are the two preceding paragraphs.

Faymann