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16 FEBRUARY 2009. - An Act to approve the Additional Protocol, signed in Rabat on 19 March 2007, to the Convention between the Kingdom of Belgium and the Kingdom of Morocco on mutual legal assistance in criminal matters, signed in Brussels on 7 July 1997 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Additional Protocol, signed in Rabat on 19 March 2007, to the Convention between the Kingdom of Belgium and the Kingdom of Morocco on mutual legal assistance in criminal matters, signed in Brussels on 7 July 1997, will take effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 February 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) Session 2007-2008.
Senate:
Parliamentary documents. - Bill tabled on 26 May 2008, No. 4-680/1. - Report, number 4-680/2.
Annales parliamentarians. - Discussion, meeting of July 18, 2008. - Vote, meeting of 18 July 2008.
House of Representatives:
Parliamentary documents. - Project transmitted by the Senate, No. 52-1406/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1406/3. - Report, No. 52-1406/2.
Annales parliamentarians. - Discussion, meeting of November 27, 2008. - Vote, meeting of 27 November 2008.
(2) In accordance with Article 3, the Protocol shall enter into force on 1^er May 2011.

Additional Protocol to the Convention between the Kingdom of Belgium and the Kingdom of Morocco on mutual legal assistance in criminal matters signed in Brussels on 7 July 1997
Preamble
Desiring to maintain and strengthen the ties between their two countries and to govern their relations in the field of mutual legal assistance in criminal matters, decided to update and amend the agreement between the Kingdom of Belgium and the Kingdom of Morocco on mutual legal assistance in criminal matters signed in Brussels on 7 July 1997. Accordingly, they decided to conclude the following Additional Protocol:
Article 1^er
Article 1^er, 3°, of the Convention between the Kingdom of Belgium and the Kingdom of Morocco on mutual legal assistance in criminal matters, signed in Brussels on 7 July 1997, will be supplemented by the following text: "...with the exception of judicial decisions concerning the seizure and confiscation of property in respect of offences relating to the financing of terrorism and corruption. »
Article 2
After Article 12 (other possibilities) of the Convention, an article 12bis entitled "the execution of judicial decisions in the matter of seizure and confiscation of property" will be inserted.
“Article 12bis
Enforcement of judicial decisions on seizure and confiscation of property
1. The Parties shall agree, upon request, with the widest possible assistance to identify and track instruments, products and other assets that may be forfeited. This mutual assistance consists in any measure relating to the provision and security of the evidence relating to the existence of the aforementioned assets, their location or movements, their nature, their legal status or their value.
2. A Party shall, at the request of another Party that has initiated a criminal proceeding or forfeiture action, take the necessary interim measures, such as freezing or seizure, to prevent any transaction, transfer or alienation in respect of any property that, thereafter, may be the subject of a request forfeiture or that may be entitled to such a request.
The interim measures shall be carried out in accordance with the domestic law of the requested Party and pursuant to it, and in accordance with the procedures specified in the application, to the extent that they are not incompatible with that domestic law.
Before removing any interim measure taken in accordance with this article, the requested Party shall, if possible, give the requesting Party the power to express its reasons for the maintenance of the measure.
3. A Party that has received an application from another Party for forfeiture regarding instruments or products, located in its territory, must, as long as its domestic law authorizes it, apply to its competent authorities to obtain a decision forfeiture and, if granted, enforce it.
This section also applies to the forfeiture of the obligation to pay a sum of money corresponding to the value of the product, if any property on which the forfeiture may be held in the territory of the requested Party. In such cases, the requested Party shall, in the absence of payment, recover its debt on any property available for that purpose.
4. After the enforcement of the request for confiscation, the requested party may transmit in whole or in part and after deducting all the costs of the seizure, confiscation, conservation, alienation or transfer proceedings, confiscated property to the requesting party in respect of offences relating to the financing of terrorism and corruption. »
Final provisions
Article 3
Each Contracting Party shall notify the other Party of the fulfilment of the procedures required by its constitution for the entry into force of this Additional Protocol. The latter shall take effect on the first day of the second month following the date of the last notification. This Additional Protocol shall be concluded for an unlimited period of time. Each of the two Parties may denounce it by means of a diplomatic written notification to the other Party. The denunciation will take effect 6 months after the date of its consignment.
In faith, the representatives of the two States authorized for this purpose have signed this additional protocol and have put it on their seal.
Made in Rabat on 19 March 2007, in double original copies, in Dutch, Arabic and French, the three texts being equally authentic.