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Law Approving The Convention Of The Council Of Europe On Laundering, Detection, Seizure And Confiscation Of The Proceeds From Crime And On The Financing Of Terrorism, In Warsaw, Made On May 16, 2005 (1)

Original Language Title: Loi portant assentiment à la Convention du Conseil de l'Europe relative au blanchiment, au dépistage, à la saisie et à la confiscation des produits du crime et au financement du terrorisme, faite à Varsovie, le 16 mai 2005 (1)

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29 AOUT 2009. - An Act to support the Council of Europe Convention on the Laundering, Screening, Seizure and Confiscation of Proceeds of Crime and the Financing of Terrorism, done in Warsaw on 16 May 2005 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Council of Europe Convention on the Laundering, Screening, Seizure and Confiscation of Proceeds of Crime and the Financing of Terrorism, which was held in Warsaw on 16 May 2005, will be fully effective.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 29 August 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
Y. LETERME
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2008-2009 session.
Senate:
Documents. - Bill tabled on 29 April 2009, No. 4-1292/1. - Report, No. 4-1292/2
Annales parliamentarians. - Discussion and voting. Session of May 28, 2009.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 52-2015/1. - Text adopted in plenary and subject to Royal Assent, No. 52-2015/2.
Annales parliamentarians. - Discussion and voting. Session of June 25, 2009.

Council of Europe Convention on the Laundering, Screening, Seizure and Confiscation of Proceeds of Crime and the Financing of Terrorism
Preamble
The Member States of the Council of Europe and the other Signatories of this Convention,
Considering that the purpose of the Council of Europe is to achieve a closer union between its members;
Convinced of the need to pursue a common criminal policy for the protection of society;
Considering that the fight against serious crime, which is increasingly an international problem, requires the use of modern and effective methods at the international level;
Believing that one of these methods is to deprive offenders of proceeds of crime and instruments;
Considering that in order to achieve this objective, a satisfactory system of international cooperation must also be established;
Bearing in mind the Council of Europe Convention on the Laundering, Screening, Seizure and Confiscation of Proceeds of Crime (STE No. 141 - hereinafter referred to as "the 1990 Convention");
Recalling also resolution 1373 (2001) on the threat to international peace and security resulting from terrorist acts adopted by the Security Council of the United Nations on 28 September 2001, including paragraph 3, d;
Recalling the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999, in particular its Articles 2 and 4, which require States Parties to criminalize the financing of terrorism;
Convinced of the need to take immediate steps to ratify and implement without restriction the above-mentioned International Convention for the Suppression of the Financing of Terrorism,
The following agreed:
CHAPTER Ier. - Terminology
Article 1er. - Terminology
For the purposes of this Convention, the expression:
a) "product" means any economic benefit derived directly or indirectly from the commission of a criminal offence or obtained directly or indirectly by committing it. This benefit may consist of any property as defined in paragraph (b) of this section;
(b) "good" includes property of any kind, whether tangible or intangible, furniture or immovable, as well as legal acts or documents attesting to a title or right to the property;
(c) "instruments" means any property used or intended to be used in any way, in whole or in part, to commit a criminal offence or offence;
(d) "forfeiture" means a sentence or measure ordered by a court following a procedure relating to a criminal offence, penalty or measure leading to the permanent deprivation of the property;
(e) "principal offence" means any criminal offence following which products are generated and liable to become the subject of an offence under Article 9 of this Convention;
(f) "financial intelligence unit" means a central national unit responsible for receiving (and, to the extent that it has the right to request) financial disclosure statements to the competent authorities:
(i) in respect of assets suspected of being products or assets used for the financing of terrorism, or
(ii) required by national legislation or regulations,
to combat laundering and the financing of terrorism;
(g) "frozen" or "sentence" means the temporary prohibition of the transfer, destruction, conversion, disposition or movement of property or the temporary taking of custody or control of property, by a court or other competent authority;
(h) "financing of terrorism" means the actions defined in Article 2 of the International Convention for the Suppression of the Financing of Terrorism referred to above.
CHAPTER II. - Financing of terrorism
Article 2. - Implementation of the Convention on the Financing of Terrorism
1. Each Party shall adopt such legislative and other measures as may be necessary to enable it to apply the provisions contained in chapters III, IV and V of this Convention to the financing of terrorism.
2. In particular, each Party shall ensure that it is in a position to detect, investigate, identify, freeze, seize and confiscate property, of lawful or illicit origin, used or intended to be used in any way, in whole or in part, for the financing of terrorism, or the proceeds of that offence, and to cooperate for such purposes as broadly as possible.
CHAPTER III. - Action at the national level
Section 1re. - General provisions
Article 3. - Forfeiture measures
1. Each Party shall adopt such legislative and other measures as may be necessary to allow it to confiscate instruments, bleached goods and goods or properties of which the value corresponds to these products.
2. Subject to paragraph 1er of this Article applies to the laundering and the categories of offences referred to in the Annex to the Convention, each Party may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it will not apply paragraph 1er of this article:
(a) for offences punishable by deprivation of liberty or a security measure of up to one year. However, Parties may make a declaration regarding this provision with respect to the confiscation of proceeds of tax offences, for the sole purpose of allowing them to confiscate such products at the national level and within the framework of international cooperation, on the basis of instruments of national and international law in the collection of tax claims; and/or
(b) only a list of specific offences.
3. Each Party may provide for mandatory confiscation for certain offences that may be confiscated. Each Party may include in such offences the laundering, trafficking in narcotics, trafficking in human beings and other serious offences.
4. Each Party shall adopt such legislative or other measures as may be necessary to require, in the event of a serious offence or offences as defined by its domestic law, that the author establish the origin of his or her property, suspected of being products or other property likely to be forfeited, to the extent that such a requirement is consistent with the principles of its domestic law.
Article 4. - Investigation measures and interim measures
Each Party shall adopt such legislative and other measures as may be necessary to enable it to identify, investigate, freeze or seize property that may be forfeited under Article 3, in particular to facilitate the execution of subsequent confiscation measures.
Article 5. - Gel, seizure and confiscation
Each Party shall adopt the necessary legislative and other measures to ensure that freezing, seizure and confiscation measures shall also:
(a) property in which the products have been converted or converted;
(b) on property acquired legitimately, if the goods have been merged, wholly or partially, with such property, up to the estimated value of the product in question;
(c) on income or other benefits derived from products, goods in which the products have been processed or converted or goods to which they have been intermingled, to the estimated value of the products involved, in the same manner and to the same extent as the products.
Article 6. - Management of frozen or seized property
Each Party shall adopt such legislative or other measures as may be necessary to ensure adequate management of frozen or seized property under articles 4 and 5 of the Convention.
Article 7. - powers and investigative techniques
1. Each Party shall adopt the necessary legislative and other measures to empower its courts or other competent authorities to order the communication or seizure of bank, financial or commercial records in order to implement the measures referred to in Articles 3, 4 and 5. A Party shall not invoke bank secrecy to refuse to give effect to the provisions of this article.
2. Without prejudice to paragraph 1ereach Party shall adopt the necessary legislative and other measures to enable it:
(a) to determine whether a natural or legal person holds or controls one or more accounts, of any kind, in any bank located in its territory and, if so, to obtain all information concerning the recorded accounts;
(b) to obtain information relating to specified bank accounts and bank transactions that have been made during a specified period on one or more specified accounts, including information on any issuer or receiver account;
(c) to monitor, for a specified period, bank transactions on one or more identified accounts; and
(d) to ensure that banks do not disclose to the client concerned or to other third parties that information has been sought or obtained in accordance with subparagraphs (a), (b), or (c), or that an investigation is ongoing.
Parties shall consider extending this provision to accounts held by non-bank financial institutions.
3. Each Party shall consider adopting the necessary legislative and other measures to enable it to use special investigative techniques to facilitate the identification and search of the product and the collection of relevant evidence, such as observation, interception of telecommunications, access to computer systems and production orders for specific documents.
Article 8. - Legal remedies
Each Party shall adopt such legislative and other measures as may be necessary to ensure that persons affected by the measures provided for in Articles 3, 4 and 5 and those provided for in any other relevant provision of this section have effective legal remedies to safeguard their rights.
Article 9. - Laundering offences
1. Each Party shall adopt such legislative and other measures as may be necessary to confer the character of a criminal offence in accordance with its domestic law when the act was intentionally committed to:
(a) the conversion or transfer of property to which the person in question knows that such property is a product, with the aim of concealing or disguising the illicit origin of such property or assisting any person who is involved in the commission of the main offence to escape the legal consequences of its acts;
(b) the concealment or disguise of the nature, origin, location, disposition, movement or real property of property or rights in respect of which the author knows that such property constitutes products;
and, subject to its constitutional principles and fundamental concepts of its legal system:
(c) the acquisition, possession or use of property, of which the person who acquires, holds or uses it, knows, at the time he receives them, that they are products;
(d) participation in any of the offences established under this section or in any association, agreement, attempt or complicity by providing assistance, assistance or advice to the commission.
2. For the purposes of the implementation or application of paragraph 1er of this article:
(a) the fact that the main offence is or is not within the jurisdiction of the criminal courts of the Party shall not be taken into account;
(b) the offences set out in this subsection may not apply to the perpetrators of the main offence;
(c) the knowledge, intent or motivation required as part of any of the offences set out in this subsection may be deducted from objective factual circumstances.
3. Each Party may adopt such legislative and other measures as may be necessary to confer the character of a criminal offence, in accordance with its domestic law, certain or all acts referred to in paragraph 1 of this article, in either of the following cases:
(a) where the author suspected that the property was a product,
b) when the author should have been aware that the property was a product.
4. Subject to paragraph 1er of this Article shall apply to the categories of main offences referred to in the Annex to the Convention, each State or the European Community may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it will not apply paragraph 1 of this Article:
(a) that in the main offences punishable by deprivation of liberty or a security measure of up to one year, or for Parties whose legal system provides for a minimum threshold for offences, offences punishable by deprivation of liberty or a security measure of up to six months; and/or
(b) a list of specific main offences; and/or
(c) only to a category of serious offences under the domestic law of the Party.
5. Each Party shall ensure that a laundering conviction is possible in the absence of a prior or concurrent conviction under the main offence.
6. Each Party shall ensure that a laundering conviction within the meaning of this Article is possible provided that it is proven that the property subject to any of the acts listed in paragraph 1er, a or b of this section comes from a principal offence, without the need to prove which specific offence it is.
7. Each Party shall ensure that the main offences of laundering cover acts committed in another State, which constitute an offence in that State, and which would have constituted a principal offence if committed in the national territory. Each Party may provide that the only condition required is that the acts would have been identified as major offences if committed in the national territory.
Article 10. - Liability of legal persons
1. Each Party shall adopt such legislative and other measures as may be necessary to ensure that legal persons may be held liable for the offences of laundering established under the Convention, when they are committed on their behalf by any natural person acting either individually or as a member of a body of the legal person, who exercises executive power within the body:
(a) by virtue of a representational authority of the legal person; or
(b) by the authority to make decisions on behalf of the corporation; or
(c) by the authority to exercise control within the corporation,
as well as the participation of such a physical person as an accomplice or instigator in the commission of the above mentioned offences.
2. Abstract of cases already provided for in paragraph 1ereach Party shall take the necessary measures to ensure that a legal person may be held liable where the absence of supervision or control by a natural person referred to in paragraph 1er made possible the commission of the offences referred to in paragraph 1er on behalf of that legal person by a natural person subject to his or her authority.
3. The liability of the legal person under this section does not exclude criminal proceedings against natural persons who are responsible, instigators or accomplices of the offences referred to in paragraph 1er.
4. Each Party shall ensure that a legal person responsible under this article is subject to effective, proportionate and deterrent sanctions, whether criminal or non-criminal, including monetary penalties.
Article 11. - Previous decisions
Each Party shall adopt such legislative and other measures as may be necessary to provide for the possibility of taking into account, as part of the assessment of the sentence, the decisions taken against a natural or legal person by another Party relating to the offences established in accordance with this Convention.
Section 2. - Financial Intelligence Unit and Prevention
Article 12. - Financial Intelligence Unit
1. Each Party shall adopt such legislative and other measures as may be necessary to establish a financial intelligence unit as defined by the Convention.
2. Each Party shall adopt such legislative and other measures as may be necessary to ensure that the financial intelligence unit has access, directly or indirectly and in a timely manner, to financial, administrative information and from the criminal prosecution authorities in order to perform its functions properly, including the analysis of suspicious transaction reports.
Article 13. - Measures to prevent money laundering
1. Each Party shall adopt the necessary legislative and other measures to establish a comprehensive domestic regulatory and monitoring or control regime to prevent laundering. Each Party must take special account of the relevant international standards in this area, including, in particular, the recommendations adopted by the Financial Action Task Force on Money Laundering (FATF).
2. In this regard, each Party adopts, in particular, the necessary legislative and other measures:
(a) to submit any legal or physical person engaged in activities that may be particularly relevant to the laundering, in the course of these activities, of the obligation to:
(i) identify and verify the identity of their clients and, where appropriate, their actual beneficiaries, as well as subject the business relationship to constant vigilance based on a risk-sensitive approach;
(ii) declare their suspicions of laundering, subject to guarantees;
(iii) take accompanying measures, such as the retention of client identification and transaction data, staff training and the establishment of appropriate internal rules and procedures, where appropriate, to the size and nature of the activities;
(b) to prohibit, in appropriate cases, persons referred to in paragraph (a) from disclosing the fact that a suspicious transaction report, or information related to it, has been transmitted, or that a laundering investigation has been or may be opened;
(c) to ensure that the persons referred to in paragraph (a) are subject to effective monitoring and, in the appropriate cases, control to ensure compliance with their anti-laundering obligations. Where applicable, these devices may be adapted to the risk.
3. In this regard, each Party shall adopt such legislative or other measures as may be necessary to detect significant cross-border transport of appropriate species and carrier instruments.
Article 14. - Reporting suspicious transactions
Each Party shall adopt such legislative and other measures as may be necessary to allow a financial intelligence unit or, as the case may be, any other competent authority or body, where there is a suspicion that the transaction is related to a money-laundering operation, to act urgently to suspend or postpone the conclusion of an ongoing transaction, in order to allow it to analyse the transaction and confirm the suspicions. Each Party may limit the application of such a measure to cases in which a suspicious transaction declaration has been previously communicated. The maximum duration for any suspension or postponement of the conclusion of a transaction is provided by national legislation.
CHAPTER IV. - International cooperation
Section 1re. - Principles of international cooperation
Article 15. - General principles and international cooperation measures
1. The Parties shall cooperate to the extent possible with each other for the purposes of investigations and procedures for the confiscation of instruments and products.
2. Each Party shall adopt such legislative and other measures as may be necessary to enable it to meet the requirements of this chapter:
(a) forfeiture of particular property consisting of products or instruments, as well as forfeiture of products consisting of the obligation to pay a sum of money corresponding to the value of the product;
(b) mutual assistance for investigation and interim measures with the aim of one of the forms of confiscation referred to in paragraph (a) above.
3. The mutual assistance and interim measures provided for in paragraph 2 (b) shall be carried out in accordance with the domestic law of the requested Party and pursuant to it. Where the application for any of these measures requires a formality or procedure imposed by the legislation of the requesting Party, even if the formality or procedure requested is not familiar with the requested Party, that Party shall give satisfaction to the request insofar as it is not contrary to the fundamental principles of its domestic law.
4. Each Party shall adopt such legislative or other measures as may be necessary to ensure that requests from other Parties for the identification, testing, freezing or seizure of products and instruments are accorded the same priority as in domestic procedures.
Section 2. - Investigative assistance
Article 16. - Mutual duty
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.
Article 17. - Bank accounts information requests
1. Each Party shall, under the conditions set out in this article, take the necessary measures to determine, in response to a request sent by another Party, whether a natural or legal person subject to a criminal investigation holds or controls one or more accounts, of any kind, in any bank located in its territory and, if so, shall provide the details of the recorded accounts.
2. The obligation under this section only applies to the extent that the bank that manages the account has that information.
3. In addition to the information contained in article 37, the requesting Party, in its application:
(a) indicates why it considers that the information requested is likely to be fundamental to the criminal investigation of the offence;
(b) specify the reasons for assuming that banks located in the requested Party hold the accounts in question and indicate, in the widest possible way, the banks and/or accounts that may be affected; and
(c) disclose any additional information that may facilitate the execution of the application.
4. The requested Party may make such a request subject to the same conditions as it applies for search and seizure applications.
5. Each State or the European Community may, at the time of signature or upon deposit of its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that this article applies only to the categories of offences referred to in the Annex to the Convention.
6. Parties may extend this provision to accounts held by non-bank financial institutions. The implementation of such an extension may be subject to the principle of reciprocity.
Article 18. - Information requests on bank transactions
1. At the request of another Party, the Requested Party shall provide information on specific bank accounts and bank transactions that have been carried out for a specified period on one or more accounts specified in the application, including information on any issuer or receiver account.
2. The obligation under this section only applies to the extent that the bank that manages the account has that information.
3. In addition to the information contained in article 37, the requesting Party shall state in its application the reasons why it considers that the information requested is relevant for the purposes of the criminal investigation into the offence.
4. The requested Party may make such a request subject to the same conditions as it applies for search and seizure applications.
5. Parties may extend this provision to accounts held by non-bank financial institutions. The implementation of such an extension may be subject to the principle of reciprocity.
Article 19. - Application to monitor bank transactions
1. Each Party shall ensure that, at the request of another Party, it is in a position to monitor, for a specified period, the bank transactions carried out on one or more accounts specified in the application and to provide the result to the requesting Party.
2. In addition to the information contained in article 37, the requesting Party shall state in its application the reasons why it considers that the information requested is relevant for the purposes of the criminal investigation into the offence.
3. The decision on the follow-up of transactions is taken in each individual case by the competent authorities of the requested Party, in accordance with the national legislation of that Party.
4. The practical modalities of follow-up are agreed between the competent authorities of the requesting and requested Parties.
5. Parties may extend this provision to accounts held by non-bank financial institutions.
Article 20. - spontaneous transmission of information
Without prejudice to its own investigations or procedures, a Party may, without prior request, transmit to another Party information on instruments and products where it considers that the communication of such information could help the recipient Party to initiate or carry out investigations or procedures, or where such information could result in a request made by that Party under this chapter.
Section 3. - Interim measures
Article 21. - Obligation to order interim measures
1. 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.
2. A Party that has received a request for confiscation pursuant to Article 23 shall, if so requested, take the measures referred to in paragraph 1er in this section, in respect of any property that is the subject of the application or that may be entitled to such an application.
Article 22. - Implementation of interim measures
1. After the execution of the interim measures requested under paragraph 1er of Article 21, the requesting Party shall, as soon as practicable, provide the requested Party with any information that may challenge or alter the object or extent of such measures. The requesting Party shall also provide, without delay, any additional information requested by the requested Party that is necessary for the implementation and monitoring of interim measures.
2. 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.
Section 4. - Confiscation
Article 23. - Obligation of confiscation
1. A Party that has received an application from another Party for confiscation concerning instruments or products located in its territory shall:
(a) execute a confiscation decision from a court of the requesting Party in respect of these instruments or products; or
(b) submit this request to its competent authorities to obtain a confiscation decision and, if granted, enforce it.
2. For the purposes of paragraph 1erb of this article, any Party shall, if necessary, have jurisdiction to initiate a confiscation procedure under its domestic law.
3. The provisions of paragraph 1er of this Article shall also apply to the forfeiture of the obligation to pay an amount of money corresponding to the value of the product, if any property on which the forfeiture may be carried is in the territory of the requested Party. In such cases, by confiscation in accordance with paragraph 1er, the requested Party, failing payment, shall recover its receivable on any available property for that purpose.
4. If a request for forfeiture applies to a specified property, Parties may agree that the requested Party may proceed with confiscation in the form of an obligation to pay a sum of money corresponding to the value of the property.
5. The Parties shall cooperate to the extent possible in accordance with their domestic law with the Parties requesting the enforcement of measures equivalent to confiscation and leading to deprivation of property, which do not constitute criminal sanctions, provided that such measures have been ordered by a judicial authority of the requesting Party on the basis of a criminal offence and to the extent that it is determined that the property constitutes products or property referred to in Article 5 of the Convention.
Article 24. - Enforcement of confiscation
1. Procedures for obtaining and executing confiscation under section 23 are governed by the law of the requested Party.
2. The requested Party shall be bound by the finding of the facts to the extent that they are exposed to a conviction or judicial decision of the requesting Party, or to the extent that it is implicitly based on them.
3. Each State or the European Community may, at the time of signature or at the time of deposit of 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 fundamental concepts of its legal system.
4. If confiscation consists of the obligation to pay a sum of money, the competent authority of the requested Party shall convert the amount to currency of its country to the exchange rate in force at the time of the decision to execute the confiscation.
5. In the case referred to in section 23, paragraph 1era, the requesting Party shall have the sole right to rule in respect of any request for a review of the confiscation decision.
Article 25. - confiscated property
1. A Party that confiscates property under articles 23 and 24 of the Convention shall dispose of such property in accordance with its domestic law and administrative procedures.
2. When a Party acts at the request of another Party pursuant to Articles 23 and 24 of this Convention, it shall, to the extent that its domestic law allows it and if the request is made, consider as a matter of priority the return of confiscated property to the requesting Party, so that the requesting Party may compensate the victims of the offence or return such property to their legitimate owner.
3. When a Party acts at the request of another Party pursuant to Articles 23 and 24 of this Convention, it may consider in particular agreements or arrangements to share such assets with other Parties, systematically or on a case-by-case basis, in accordance with its domestic law or administrative procedures.
Article 26. - Right of execution and maximum amount of confiscation
1. An application for forfeiture pursuant to Articles 23 and 24 does not infringe the right of the requesting Party to enforce the confiscation decision itself.
2. Nothing in this Convention shall be construed as permitting the total value of confiscated property to exceed the amount determined by the confiscation decision. If a Party finds that this could occur, the Parties concerned shall consult to avoid such a consequence.
Article 27. - Body restraint
The Requested Party may not impose the stress on a body or take any other restrictive measure of freedom as a result of an application under section 23 if the Requesting Party has specified it in the application.
Section 5. - Refusal and adjournment of cooperation
Article 28. - Reasons for refusal
1. Cooperation under this chapter may be refused if:
(a) the measure sought would be contrary to the fundamental principles of the legal order of the requested Party; or
(b) enforcement of the request may affect the sovereignty, security, public order or other essential interests of the requested Party; or
(c) the Requested Party considers that the importance of the case on which the request relates does not justify taking the requested action; or
(d) the offence on which the application is a tax offence unless the offence is the financing of terrorism; or
(e) the offence on which the application is a political offence unless the offence is the financing of terrorism; or
(f) the requested Party considers that the requested measure would be contrary to the principle "ne bis in idem"; or
(g) the offence to which the application relates would not be an offence under the law of the requested Party if it was committed in the territory under its jurisdiction. However, this ground of refusal applies to the cooperation provided for in section 2 only to the extent that the assistance sought involves coercive measures. Where dual criminality is required for co-operation under this chapter, this obligation is considered to be fulfilled, whether or not the two Parties classify the offence in the same offence category or use the same terminology to designate it, as long as both Parties criminalize the act that is the basis of the offence.
2. The co-operation provided for in section 2, to the extent that the assistance sought involves coercive measures, and that provided for in section 3 of this chapter may also be denied in cases where the measures requested could not be taken under the domestic law of the requested Party for investigation or proceedings, if it were a similar internal matter.
3. Where the law of the requested Party requires it, the cooperation provided for in section 2, to the extent that the requested assistance involves coercive measures, and that provided for in section 3 of this chapter may also be refused in the case where the requested measures or any other measures having similar effects would not be authorized by the law of the requesting Party, or, with respect to the competent authorities of the requesting Party, if the request is not authorized by the public authority
4. Cooperation under section 4 of this chapter may also be refused if:
(a) the law of the requested Party does not provide for confiscation for the type of offence on which the request is made; or
(b) without prejudice to the obligation under Article 23, paragraph 3, it would contravene the principles of the domestic law of the requested Party with respect to the possibility of confiscation in relation to the links between an offence and:
(i) an economic advantage that could be assimilated to its product; or
(ii) property that could be considered in its instruments; or
(c) under the law of the requested Party, the confiscation decision shall no longer be pronounced or executed on the basis of a statute of limitations; or
(d) without prejudice to section 23, paragraph 5, the application does not deal with an earlier conviction, a judicial decision, or a statement in such a decision, a declaration that one or more offences have been committed, and that is the cause of the decision or request for confiscation; or
(e) the confiscation is not enforceable in the requesting Party, or is still subject to ordinary remedies; or
(f) the application relates to a confiscation decision made in the absence of the person referred to in the decision and if, according to the requested Party, the procedure initiated by the requesting Party and which led to that decision did not meet the minimum rights of the defence recognized to any person accused of an offence.
5. For the purposes of paragraph 4, f, of this section, a decision is not deemed to have been rendered in the absence of the accused:
(a) if confirmed or pronounced after opposition by the interested party; or
(b) if the appeal was made, provided that the appeal was filed by the interested party.
6. In considering, for the purposes of paragraph 4, f of this article, whether the minimum rights of the defence have been met, the requested Party shall take into account that the individual deliberately sought to avoid justice or that the person, after having had the opportunity to lodge an appeal against the decision rendered in his absence, chose not to lodge such a remedy. The same shall be true when the person concerned, having been duly summoned to appear, has chosen not to appear or to request the adjournment of the case.
7. A Party shall not invoke bank secrecy to justify its refusal to cooperate under this chapter. Where domestic law so requires, a Party may require that a request for cooperation that would involve the lifting of bank secrecy be authorized, either by a judge or by another judicial authority, including the Public Prosecutor's Office, those authorities acting in respect of criminal offences.
8. Without prejudice to the grounds for refusal provided for in paragraph 1era of this article:
(a) the fact that a person who is the subject of an investigation or a confiscation decision made by the authorities of the requesting Party is a legal person shall not be invoked by the requested Party as an obstacle to any cooperation under this chapter;
(b) the fact that the physical person against whom a decision of confiscation of products has been made has died, and that a legal person against whom a decision of confiscation of products has been made has subsequently been dissolved cannot be invoked as obstacles to mutual assistance under section 23, paragraph 1era;
(c) the fact that the person who is the subject of an investigation or a confiscation decision made by the authorities of the requesting Party is mentioned in the request both as the perpetrator of the main offence and the laundering offence under Article 9, 2, b of that Convention, cannot be invoked by the requested Party as an obstacle to any cooperation under this chapter.
Article 29. - Adjournment
The requested Party may suspend the enforcement of the measures referred to in an application if they may prejudice investigations or procedures carried out by its authorities.
Article 30. - Partial or conditional acceptance of an application
Before refusing or deferring its cooperation under this chapter, the requested Party shall, if any after consulting the requesting Party, consider whether it may be granted in part or subject to such conditions as it deems necessary.
Section 6. - Notification and protection of the rights of third parties
Article 31. - Notification of documents
1. The Parties shall mutually agree with the widest possible assistance for the notification of judicial acts to persons affected by interim measures and confiscation.
2. Nothing in this article is intended to hinder:
(a) the ability to address legal acts by post directly to persons located abroad;
(b) at the faculty for departmental officers, officials or other competent persons of the Party of origin to carry out service or notifications of judicial acts directly by the consular authorities of that Party or by the care of ministerial officers, officials or other competent persons of the Party of destination,
unless the Party of destination makes a declaration contrary to the Secretary General of the Council of Europe at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession.
3. When notification of judicial acts abroad to persons affected by interim measures or confiscation decisions ordered in the Party of origin, the said Party shall inform such persons of the legal remedies provided by its legislation.
Article 32. - Recognition of foreign decisions
1. Seizure of a request for cooperation under sections 3 and 4, the Requested Party recognizes any judicial decision in the requesting Party with respect to rights claimed by third parties.
2. Recognition may be refused:
(a) if a third party has not had sufficient opportunity to assert their rights; or
(b) if the decision is incompatible with a decision already made in the requested Party on the same matter; or
(c) if incompatible with the public order of the requested Party; or
(d) if the decision has been rendered contrary to the exclusive jurisdiction provisions provided for in the law of the requested Party.
Section 7. - Procedure and other general rules
Article 33. - Central Authority
1. Parties shall designate a central authority or, where necessary, several authorities to send requests under this chapter, to respond, execute or transmit them to the authorities that have jurisdiction to execute them.
2. Each Party shall communicate to the Secretary General of the Council of Europe, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, the name and address of the authorities designated under paragraph 1er of this article.
Article 34. - Direct correspondence
1. Central authorities communicate directly with each other.
2. In the event of an emergency, requests and communications under this chapter may be sent directly by the judicial authorities, including the Public Prosecutor's Office, from the requesting Party to such authorities. In such cases, a copy must be sent simultaneously to the central authority of the requested Party through the central authority of the requesting Party.
3. Any request or communication pursuant to paragraphs 1er and 2 of this article may be submitted through the International Criminal Police Organization (Interpol).
4. If an application is submitted pursuant to paragraph 2 of this article and if the seized authority is not competent to do so, it shall forward it to the competent authority of its country and inform the requesting Party directly.
5. Requests or communications, submitted under section 2 of this chapter, which do not involve coercive measures, may be transmitted directly by the competent authority of the requesting Party to the competent authority of the requested Party.
6. The draft requests or communications under this chapter may be forwarded directly and prior to any formal request by the judicial authorities to the judicial authorities of the requested Party, in order to ensure that they will be treated effectively upon receipt and that they will include the information and documentation necessary to comply with the requirements of the required Party's legislation.
Rule 35. - Form of applications and languages
1. All requests under this chapter are made in writing. They may be transmitted by electronic means of communication, or by any other means of telecommunications, provided that the requesting Party is prepared to produce at any time, upon request, a written record of the shipment and the original. However, any Party may, at any time, by declaration addressed to the Secretary-General of the Council of Europe, specify the conditions under which it is prepared to accept and execute requests received electronically or any other means of telecommunications.
2. Subject to the provisions of paragraph 3 of this article, translation of applications or attachments shall not be required.
3. Any State or the European Community may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary-General of the Council of Europe, reserve the power to require that applications and attachments be accompanied by a translation in its own language or in any of the official languages of the Council of Europe or in that of such languages as it shall indicate. Any Party may, on this occasion, declare that it is willing to accept translations in any other language that it will indicate. Other Parties may apply the reciprocity rule.
Article 36. - Legalization
The documents transmitted under this chapter shall be exempt from any formalization.
Article 37. - Content of the application
1. Any request for cooperation under this section shall specify:
(a) the authority of which it emanates and the authority responsible for carrying out investigations or procedures;
(b) the object and purpose of the application;
(c) the case, including the relevant facts (such as the date, place and circumstances of the offence), on which investigations or proceedings are conducted, except in the case of a notification request;
(d) to the extent that cooperation involves coercive measures:
(i) the text of the legal provisions or, where possible, the content of the applicable relevant law; and
(ii) an indication that the requested measure or any other measure having similar effects could be taken in the territory of the requesting Party under its own legislation;
(e) where necessary and to the extent possible:
(i) details of the person(s) concerned, including the name, date and place of birth, nationality and location of the person(s) concerned, and, where the person(s) is a legal person, his or her seat; and
(ii) the assets in relation to which cooperation is sought, their location, their relationship with the person(s) in question, any connection to the offence and any information available regarding the interests of others in respect of such property; and
(f) any particular procedure requested by the requesting Party.
2. Where an application for interim measures under section 3 is for the seizure of a property that may be the subject of a forfeiture decision consisting of the obligation to pay a sum of money, the application must also indicate the maximum amount that is sought to be recovered on that property.
3. In addition to the information referred to in paragraph 1erany request made under section 4 shall contain:
(a) in the case of section 23, paragraph 1er(a)
(i) a certified true copy of the forfeiture decision rendered by the court of the requesting Party and the statement of reasons behind the decision, if not indicated in the decision itself;
(ii) a certificate from the competent authority of the requesting Party that the confiscation decision is enforceable and is not subject to ordinary remedies;
(iii) information on the extent to which the decision should be implemented; and
(iv) information on the need for interim measures;
(b) in the case of section 23, paragraph 1er(b), a statement of the facts invoked by the requesting Party that is sufficient to allow the requested Party to obtain a decision under its domestic law;
(c) where third parties have had the opportunity to claim rights, documents indicating that they have had this opportunity.
Article 38. - Vices of applications
1. If the request is not in accordance with the provisions of this chapter, or if the information provided is not sufficient to allow the requested Party to make a decision on the request, that Party may request the requesting Party to amend the request or to supplement it with additional information.
2. The requested Party may set a time limit for obtaining such modifications or information.
3. Pending any modifications or information requested in respect of an application under section 4 of this chapter, the requested Party may order any action referred to in sections 2 and 3 of this chapter.
Article 39. - Application competition
1. Where a Requested Party receives more than one application under sections 3 and 4 of this chapter in respect of the same person or property, the application process does not preclude the Requested Party from processing requests that involve interim measures.
2. In the case of a competitive examination under section 4 of this chapter, the requested Party will consider consulting the requesting Parties.
Article 40. - Obligation of motivation
The requested Party shall justify any decision refusing, adjourning or subjecting to conditions any cooperation requested under this chapter.
Article 41. - Information
1. The requested Party shall promptly inform the requesting Party:
(a) follow-up immediately to a request made under this chapter;
(b) the final outcome of the implementation of the application;
(c) a decision denying, adjourning or submitting to conditions, in whole or in part, any cooperation provided for in this chapter;
(d) any circumstances that make it impossible to implement the requested or risky measures to significantly delay it; and
(e) in the event of interim measures adopted in accordance with a request made under section 2 or 3 of this chapter, the provisions of its domestic law that would automatically result in the lifting of the measure.
2. The requesting Party shall promptly inform the requested Party:
(a) any revision, decision or other fact that completely or partially removes from the confiscation decision its enforceability; and
(b) any change, in fact or in law, making any action undertaken under this chapter unjustified.
3. When a Party requests the confiscation of property in several Parties, on the basis of the same confiscation decision, it shall inform all Parties concerned by the execution of the decision.
Article 42. - Restricted use
1. The Requested Party may subordinate the execution of an application provided that the information or evidence obtained is not, without its prior consent, used or transmitted by the authorities of the requesting Party for purposes of investigations or proceedings other than those specified in the application.
2. Each State or the European Community may, at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary-General of the Council of Europe, declare that the information or evidence provided by the Council under this chapter shall not, without its prior consent, be used or transmitted by the authorities of the requesting Party for purposes of investigations or proceedings other than those specified in the application.
Article 43. - Confidentiality
1. The requesting Party may require the requested Party to keep the application and its content confidential, except to the extent necessary to enforce it. If the requested Party cannot comply with this confidentiality requirement, it shall inform the requesting Party as soon as possible.
2. The requesting Party shall, if the request is made to it, and provided that it is not contrary to the fundamental principles of its domestic law, keep confidential any evidence and information provided by the requested Party, except to the extent necessary for the investigations or proceedings described in the application.
3. Subject to the provisions of its domestic law, a Party that has received a spontaneous transmission of information under Article 20 must comply with any confidentiality requirements requested by the Party that transmits the information. If the other Party cannot comply with such a condition, it shall inform the Party which shall transmit the information as soon as possible.
Article 44. - Fees
The ordinary costs incurred in carrying out an application shall be borne by the requested Party. Where significant or extraordinary costs are required to respond to the request, the Parties shall consult to determine the conditions under which the application will be carried out and the manner in which the costs will be incurred.
Article 45. - Damages and interests
1. Where a liability action due to damages resulting from an act or omission under the cooperation provided for in this chapter has been initiated by a person, the Parties concerned shall consider consulting, as appropriate, on the possible allocation of compensation due.
2. A Party that is the subject of a claim for damages shall endeavour to inform the other Party without delay if it may have an interest in the matter.
CHAPTER V. - Cooperation between financial intelligence units
Article 46. - Cooperation between financial intelligence units
1. Parties shall ensure that financial intelligence units, as defined by this Convention, cooperate in the fight against laundering, in accordance with their national jurisdictions, in order to gather and analyze relevant information on any facts that may be the laundering index and, where appropriate, to investigate within the financial intelligence units in this regard.
2. For the purposes of paragraph 1ereach Party shall ensure that the financial intelligence units exchange, on their own behalf or upon request, either in accordance with this Convention or in accordance with existing or future agreement protocols consistent with this Convention, any accessible information that may be useful to them in the processing or analysis of information or, where appropriate, in investigations relating to money-laundering transactions and to the natural or legal persons involved.
3. Each Party shall ensure that the internal status of financial intelligence units, whether administrative, repressive or judicial authorities, does not affect the performance of their duties under this Article.
4. Each application under this section is accompanied by a brief statement of the relevant facts known to the requesting financial intelligence unit. The financial intelligence unit specifies in the application how the requested information will be used.
5. Where an application is submitted in accordance with this Article, the required financial intelligence unit shall provide all relevant information, including accessible financial information and requested repressive services data, without a formal request under the applicable conventions or agreements between the Parties.
6. A financial intelligence unit may refuse to disclose information that may interfere with a judicial investigation conducted in the requested Party or, in exceptional circumstances, where the disclosure of information would result in a clearly disproportionate effect in respect of the legitimate interests of a natural or legal person or Party concerned or where it would not respect the fundamental principles of the national law of the requested Party. Any refusal of such disclosure is duly explained to the financial intelligence unit requesting information.
7. The information or documents obtained pursuant to this article shall be used only for the purposes referred to in paragraph 1er. Information provided by a financial intelligence unit may not be disclosed to third parties or used by the receiving financial intelligence unit for purposes other than analysis, without the prior consent of the financial intelligence unit that provided the information.
8. When transmitting information or documents under this section, the financial intelligence unit conducting the transmission may impose restrictions and conditions on the use of information for purposes other than those provided for in paragraph 7. The receiving financial intelligence unit complies with these restrictions and conditions.
9. Where a Party wishes to use information or documents transmitted for judicial investigations or prosecutions for the purposes referred to in paragraph 7, the financial intelligence unit conducting the transmission may not refuse its consent for such use unless it can do so on the basis of restrictions provided for in its national law or under the conditions referred to in paragraph 6. Any refusal to give the agreement is duly explained.
10. Financial intelligence units shall take all necessary measures, including security, to ensure that no other authority, agency or service has access to the information transmitted under this section.
11. The information provided is protected, in accordance with the Council of Europe Convention of 28 January 1981 for the protection of persons with respect to the automated processing of personal data (STE No. 108) and taking into account recommendation No. R (87) 15 of 15 September 1987 of the Council of Europe's Committee of Ministers to regulate the use of personal data in the applicant's sector, at least by the same privacy rules
12. The financial intelligence unit conducting the transmission may make reasonable requests for the use that has been made of the information transmitted and the receiving financial intelligence unit must provide, where feasible, information in return on this point.
13. The Parties shall indicate the unit that acts as a financial intelligence unit within the meaning of this Article.
Article 47. - International cooperation for the deferral of suspicious transactions
1. Each Party shall adopt such legislative or other measures as may be necessary to enable its financial intelligence unit to initiate, at the request of a foreign financial intelligence unit, a measure of suspension or postponement of the conclusion of an ongoing transaction. The conditions and duration of such a measure are identical to those provided by the internal law of the financial intelligence unit required for the deferral of transactions.
2. The required financial intelligence unit shall take the measures set out in paragraph 1 when it considers, on the basis of the information provided by the requesting financial intelligence unit, that:
(a) the transaction is related to a laundering operation and
(b) the transaction would have been suspended, or the conclusion of the transaction postponed if it had been the subject of a suspicious transaction report at the national level.
CHAPTER VI. - Monitoring of implementation and dispute resolution
Rule 48. - Monitoring of implementation and dispute resolution
1. The COP is responsible for monitoring the implementation of this Convention. The Conference of the Parties:
(a) Monitoring the appropriate implementation of this Convention by Parties;
(b) may, at the request of a Party, give notice on any matter relating to the interpretation and application of the Convention.
2. The Conference of the Parties shall carry out the missions referred to in paragraph 1er, has by using the available public summaries of the Committee of Experts restricted on the assessment of anti-money laundering (Moneyval) (for Moneyval member States) and FATF (for FATF member States), supplemented, if any, by periodic self-assessment questionnaires. The evaluation procedure will focus only on areas covered by this Convention that are not already covered by other international standards, for which mutual evaluations are carried out by the FATF and Moneyval.
3. If the Conference of the Parties considers that it needs additional information to carry out its tasks, it shall consult with the Party concerned, if it so decides, on the mechanisms and procedures of Moneyval. The Party concerned then communicates its response elements to the Conference of the Parties. Based on these elements, the Conference of the Parties shall determine whether a more in-depth assessment of the situation of the Party concerned is required. This may, but should not necessarily include on-site visits by an evaluation team.
4. In the event of a dispute between the Parties on the interpretation or application of the Convention, the Parties shall endeavour to reach a settlement of the dispute by negotiation or any other peaceful means of their choice, including the submission of the dispute to the Conference of the Parties, an arbitral tribunal that shall take decisions that bind the Parties to the dispute, or to the International Court of Justice, in accordance with a common agreement by the Parties concerned.
5. The Conference of the Parties shall adopt its own rules of procedure
6. The Secretary General of the Council of Europe shall convene the Conference of the Parties no later than one year after the entry into force of the Convention. Periodic meetings are then held in accordance with the rules of procedure adopted by the Conference of the Parties.
CHAPTER VII. - Final provisions
Article 49. - Signature and entry into force
1. The Convention is open for signature by the Member States of the Council of Europe, the European Community and the non-member States that participated in its elaboration. These States or the European Community may express their consent to be bound by:
(a) signature without reservation of 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 will 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 six signatories, including at least four 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. For any Signatories who subsequently express their consent to be bound by the Convention, the Agreement 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 1er.
5. No Party to the 1990 Convention may ratify, accept or approve this Convention without regard to at least the provisions of the 1990 Convention to which it is bound.
6. As soon as the Convention comes into force, Parties to this Convention, which are also Parties to the 1990 Convention:
(a) apply the provisions of the Convention in their mutual relations;
(b) will continue to apply the provisions of the 1990 Convention in their relations with other Parties to the Convention, which are not Parties to that Convention.
Article 50. - Accession to the Convention
1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation with the Parties to the Convention, invite any State not a member of the Council to accede to this Convention by a majority decision provided for in Article 20 of the Statute of the Council of Europe and unanimously by representatives of the Parties entitled to sit on the Committee.
2. For any Member 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 to the Secretary General of the Council of Europe.
Article 51. - Territorial application
1. Any State or European Community may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which the Convention will apply.
2. Any Party may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary-General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General. The withdrawal shall take effect 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.
Article 52. - Relations with other conventions and agreements
1. This Convention does not affect the rights and obligations of Parties arising from multilateral international instruments on specific issues.
2. Parties to this Convention may enter into bilateral or multilateral agreements with each other relating to matters governed by this Convention for the purpose of supplementing or strengthening the provisions of this Convention or facilitating the application of the principles it enshrines.
3. Where two or more Parties have already entered into an agreement or treaty on a subject covered by this Convention, or where they have otherwise established their relations on this subject, they shall have the capacity to apply such agreement, treaty or arrangement instead of the Convention, if it facilitates international cooperation.
4. Parties that are members of the European Union shall apply, in their mutual relations, the rules of the Community and the European Union to the extent that there are rules of the Community or the European Union governing the particular subject matter concerned and applicable in the case of a species, without prejudice to the object and purpose of this Convention and without prejudice to its full application to the other Parties.
Article 53. - Declaration and reservations
1. Any State or European Community may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, make one or more of the declarations provided for in Articles 3, paragraph 2; 9, paragraph 4; 17, paragraph 5; 24, paragraph 3; 31, paragraph 2; 35, paragraphs 1er and 3; and 42, paragraph 2.
2. Any State or the European Community may also, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it shall not apply, in whole or in part, the provisions of Articles 7, paragraph 2, subparagraph (c); 9, paragraph 6; 46, paragraph 5; and 47.
3. Any State or the European Community may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare the manner in which it or it will apply Articles 17 and 19 of this Convention, in particular with regard to international agreements applicable in the field of international cooperation in criminal matters. He or she will notify the Secretary General of the Council of Europe of any change in this information.
4. Any State or European Community may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare:
(a) that he or she will not apply section 3, paragraph 4; or
(b) that he or she will apply section 3, paragraph 4 only in part; or
(c) how it or it will apply Article 3, paragraph 4.
He or she will notify the Secretary General of the Council of Europe of any change in this information.
5. No other reservation is allowed.
6. Any Party that has made a reservation under this article may withdraw it in whole or in Party, by sending a notification to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary-General.
7. The Party that has made a reservation with respect to a provision of the Convention may not claim the application of that provision by another Party; it may, if the reservation is Partial or conditional, claim to the application of this provision to the extent that it has accepted it.
Article 54. - Amendments
1. Amendments to the Convention may be proposed by each Party and any proposal shall be communicated by the Secretary-General of the Council of Europe to the States members of the Council of Europe, the European Community and to each non-member State which has acceded or has been invited to accede to this Convention in accordance with the provisions of Article 50.
2. Any amendment proposed by a Party shall be communicated to the European Committee for Criminal Problems (CDPC) which shall submit its opinion to the Committee of Ministers on the proposed amendment.
3. The Committee of Ministers shall consider the amendment proposed and the notice submitted by the CPC, and may adopt the amendment by majority under Article 20, d of the Statute of the Council of Europe.
4. The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be transmitted to the Parties for acceptance.
5. Any amendment adopted in accordance with paragraph 3 of this Article shall enter into force on the thirtieth day after all Parties have informed the Secretary-General that they have accepted it.
6. In order to update the categories of offences mentioned in the Schedule, as well as amend Article 13, amendments may be proposed by any Party or by the Committee of Ministers. They are communicated by the Secretary General of the Council of Europe to the Parties.
7. After consultation with Parties that are not members of the Council of Europe and, if necessary, the CPC, the Committee of Ministers may adopt an amendment proposed in accordance with paragraph 6 by a majority provided for in Article 20, d of the Statute of the Council of Europe. This amendment will come into force on the expiration of one year from the date on which it has been forwarded to the Parties. During this period, any Party may notify the Secretary General of an objection to the entry into force of the amendment.
8. If a third party has notified the Secretary-General of the Council of Europe of an objection to the entry into force of the amendment, the amendment shall not enter into force.
9. If less than one third of the Parties has notified an objection, the amendment shall enter into force for the Contracting States that have not made an objection.
10. Where an amendment has entered into force in accordance with paragraphs 6 to 9 of this article and an objection has been made by a Party to that amendment, the amendment shall enter into force in respect of that Party on the first day of the month following the date on which it has notified its acceptance to the Secretary General of the Council of Europe. Any Party that has made an objection may withdraw it at any time by making a notification to the Secretary-General of the Council of Europe.
11. If an amendment has been adopted by the Committee of Ministers, a State or the European Community may not express its consent to be bound by the Convention without having accepted, at the same time, the amendments.
Article 55. - Denunciation
1. Any Party may, at any time, denounce this Convention by making a notification to the Secretary-General of the Council of Europe.
2. The denunciation shall take effect 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. However, the Convention continues to apply to the execution, under Article 23, of a confiscation requested in accordance with its provisions before the denunciation takes effect.
Article 56. - Notifications
The Secretary General of the Council of Europe shall notify the States members of the Council of Europe, the European Community, the non-member States that have participated in the elaboration of this Convention, any State invited to accede to it and any Party to the Convention:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance, approval or accession;
(c) any effective date of the Convention in accordance with Articles 49 and 50;
(d) any declaration or reservation under section 53;
(e) any other act, notification or communication relating to the Convention.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in Warsaw on 16 May 2005, in English and French, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each member State of the Council of Europe, to the European Community, to the non-member States that have participated in the elaboration of this Convention and to any State invited to accede to it.
Annex
(a) Participation in an organized criminal group;
(b) terrorism, including the financing of terrorism;
(c) trafficking in persons and smuggling of migrants;
(d) sexual exploitation, including that of children;
(e) Illicit trafficking in narcotic drugs and psychotropic substances;
(f) arms trafficking;
(g) illicit trafficking in stolen property and other property;
(h) corruption;
(i) fraud and fraud;
(j) currency counterfeiting;
(k) counterfeiting and hacking of products;
(l) crimes and offences against the environment;
(m) murder and serious bodily injury;
(n) removal, sequestration and hostage taking;
(o) the flight;
(p) smuggling;
(q) extortion;
(r) false;
(s) piracy;
(t) the offences of initiates and the manipulation of stock markets.

DECLARATIONS
"Belgium declares that the central authority, designated under Article 33, paragraph 2, of the Convention, is the Federal Public Service Justice, General Directorate Legislation, Freedoms and Fundamental Rights, International Criminal Cooperation Service, Boulevard de Waterloo 115, B-1000 Brussels. »
"Belgian declares that the unit that acts as a financial intelligence cell, designated under Article 46, paragraph 13, of the Convention, is the Financial Intelligence Unit (Belgian Financial Intelligence Unit), avenue de la Toison d'Or 55 (Box 1), B-1060 Brussels. » .
Council of Europe Convention on the Laundering, Screening, Seizure and Confiscation of Proceeds of Crime and the Financing of Terrorism, held in Warsaw on 16 May 2005