Posted the: 2011-04-21 Numac: 2009015039 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 16 February 2009. -Law concerning consent to 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 assistance in criminal matters, signed at Brussels on 7 July 1997 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
2. the Protocol, signed in Rabat on 19 March 2007 at the Convention between the Kingdom of Belgium and the Kingdom of Morocco on mutual assistance in criminal matters, signed at Brussels on 7 July 1997, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, February 16, 2009.
ALBERT by the King: Foreign Minister K. DE GUCHT. the Minister of Justice, S. DE CLERCK sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Notes (1) Session 2007-2008.
Senate: Parliamentary Documents. -Bill filed on May 26, 2008, no. 4 - 680/1. -Report, n ° 4-680/2.
Parliamentary Annals. -Discussion, meeting of July 18, 2008. -Vote meeting of July 18, 2008.
House of representatives: parliamentary Documents. -Draft transmitted by the Senate, no. 52-1406/1.
-Text adopted in plenary and subject to Royal assent, session No. 52-1406/3. -Report, no. 52-1406/2.
Parliamentary Annals. -Discussion, meeting of November 27, 2008. -Vote meeting of November 27, 2008.
(2) pursuant to article 3, this Protocol enters into force may 1, 2011.
Additional Protocol to the Convention between the Kingdom of Belgium and the Kingdom of Morocco on mutual assistance in criminal matters signed in Brussels on 7 July 1997 preamble desiring to maintain and to strengthen ties between their two countries and to govern their relations in the field of mutual assistance in criminal matters, have decided to update and amend the convention between the Kingdom of Belgium and the Kingdom of Morocco on mutual assistance in criminal matters signed in Brussels on 7 July 1997. As a result, they decided to conclude the following protocol: Article 1 Article 1, 3 °, of the Convention between the Kingdom of Belgium and the Kingdom of Morocco on mutual assistance in criminal matters, signed at Brussels on 7 July 1997, will be supplemented by the following: «(...)» with the exception of judicial decisions on seizure and confiscation of property with regard to the financing of terrorism and corruption offences. ' Article 2 after article 12 (other opportunities) of the convention, an article 12bis entitled "execution of judicial decisions on seizure and confiscation of the property" will be inserted.
'Article 12bis execution of judicial decisions on seizure and confiscation of goods 1. The Parties agree, upon request, the widest possible mutual assistance to identify and track instruments, products and the other property confiscation. This mutual assistance particularly consists of any measure relating to the contribution and implementing security of the evidence regarding the existence of the above property, their location or their movements, their nature, their legal status or their value.
2 a party shall, at the request of another party that has initiated criminal proceedings or a forfeiture action, provisional measures which are needed, such as freezing or seizing, to prevent any operation, any transfer or disposal for any well which may subsequently be the subject of a request for confiscation or which could allow to accede to such a request.
The interim measures are executed in accordance with the law of the requested Party and pursuant thereto, and in accordance with the procedures specified in the request, insofar as they are not inconsistent with this law.
Before lifting any provisional measure taken pursuant to this article, the requested Party provides, if possible, to the applicant the faculty to express his reasons for the maintenance of the measure.
3 a party which received another party a request for confiscation concerning instruments or products, located on its territory, has provided that its domestic law permitted, submit the request to its competent authorities for obtaining an order of confiscation and, if it is granted, run it.
This article also applies to the confiscation consisting in the obligation to pay a sum of money corresponding to the value of the product, if goods which can wear the confiscation are located on the territory of the requested Party. In such cases, through confiscation, the requested Party, failure to pay, made recover his claim on any property available for this purpose. 4. After the execution of the application for forfeiture, the requested party can be transmitted in whole or in part and after deducted all of the costs of the procedure of seizure, confiscation, preservation, disposal or transfer, the confiscated property to the requesting party with regard to the financing of terrorism and corruption offences. » Final provisions Article 3 each Contracting Party shall notify to the other the completion of the procedures required by its constitution for the entry into force of this additional protocol. It will take effect the first day of the second month following the date of the later of these notifications. The present additional protocol is concluded for an unlimited period. Each of the two Parties may denounce it by written notification addressed through diplomatic channels to the other party. The denunciation shall take effect 6 months after the date of its mailing.
In faith whereof the representatives of the two States authorized to that effect, have signed this additional protocol and it have under their seal.
Done at Rabat, March 19, 2007, in duplicate original, in Dutch, Arabic and French, the three texts being equally authentic.