9 JANVIER 2003. - An Act to approve the Treaty on Mutual Assistance in Criminal Matters between the Government of the Kingdom of Belgium and the Government of Canada, signed in Brussels on 11 January 1996 (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 Treaty of Mutual Legal Assistance in Criminal Matters between the Government of the Kingdom of Belgium and the Government of Canada, signed in Brussels on 11 January 1996, will come out with its full 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, 9 January 2003.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2001-2002.
Senate.
Documents
2001-2003 Bill tabled on 20 August 2002, No. 2-1266/1.
2002-2003 Report, No. 2-1266/2
Annales parlementaire
2002-2003 Discussion, meeting of 24 October 2002.
2002-2003 Vote, meeting of 24 October 2002.
Room
Documents
2002-2003 Project transmitted by the Senate, No. 50-2097/1
2002-2003 Text adopted in plenary and submitted to Royal Assent, No. 50-2097/2.
Annales parlementaire
2002-2003 Discussion, meeting of 14 November 2002.
2002-2003 Vote, meeting of 14 November 2002. (2) The Treaty enters into force on 1^er April 2003.

JUDICIARY ASSISTANCE WITH THE GOVERNMENT OF BELGIUM AND THE GOVERNMENT OF CANADA
The Government of the Kingdom of Belgium
and
The Government of Canada,
Desirous of making the research, prosecution and punishment of crime in both countries more effective through cooperation and mutual legal assistance in criminal matters,
The following agreed:
PART I^re. - General provisions
Article 1^er
Obligation to grant mutual assistance
(1) The Contracting States agree, in accordance with the provisions of this Treaty, mutual legal assistance in criminal matters as wide as possible.
(2) Mutual legal assistance in criminal matters means any assistance provided by the requested State with respect to the investigations and procedures carried out in the requesting State relating to an offence established by law in force in that State and whose repression is within the competence of its judicial authorities.
(3) Mutual assistance aims to:
(a) the location of persons and objects, including their identification;
(b) delivery of documents, including summons;
(c) the transmission of information, documents or other records, including extracts from judicial records, judicial or government records;
(d) the transfer of property, including the loan of evidence;
(e) taking testimony and testimony;
(f) search and seizure;
(g) assistance for the appearance of persons detained or not, so that they may testify or assist in investigations;
(h) measures to locate, block and confiscate proceeds of crime; and
(i) any other form of mutual assistance in accordance with the purposes of this Treaty.
Article 2
Application implementation
(1) Requests for mutual assistance shall be carried out promptly, in accordance with the law of the requested State and, to the extent that it is not incompatible with that right, in the manner expressed by the requesting State.
(2) Upon request, the requested State shall inform the requesting State of the date and place of execution of the request for assistance.
Article 3
Limits of mutual assistance
(1) Mutual assistance may be denied if the State considers that the execution of the application would affect its sovereignty, security, public order or other fundamental interests.
(2) Mutual assistance may be postponed if the execution of the application is to hinder an ongoing investigation or prosecution in the requested State.
(3) Mutual assistance may be denied if the application is related to a political offence, excluding the offences that the Contracting States may not consider as policies under any other international agreement to which they are a party.
(4) Before refusing to apply for assistance or deferring its execution, the requested State, after consultation with the requesting State in the cases in which it lends itself, determines whether mutual assistance can be granted the conditions it considers necessary. If the requesting State accepts the assistance under these conditions, it undertakes to respect them.
(5) The requested State shall promptly inform the requesting State of its decision of refusal or adjournment and shall provide the reasons thereof.
PART II. - Special provisions
Article 4
Search or identification of persons or objects
The competent authorities of the requested State shall take all necessary measures to seek and identify the persons or objects covered by the application.
Article 5
Submission of documents
(1) The requested State shall issue the proceedings and any documents transmitted to that effect. This handover can be made by simple transmission of the act or document to the recipient. If the requesting State expressly requests it, the requested State shall surrender in one of the forms provided for in its legislation for similar meanings or one of the special forms compatible with that legislation.
(2) The requesting State shall forward the request for a document relating to an answer or appearance in the requesting State within a reasonable period of time before the date provided for in the response or appearance.
(3) The requested State shall, as proof of the surrender, return a receipt dated and signed by the consignee or a declaration signed by the agent who made the surrender recognizing the form and date of the surrender.
Article 6
Transmission of objects and documents
(1) Where the request for assistance relates to the transmission of records and documents, the requested State may issue certified copies of such records and documents, unless the requesting State expressly requests the originals.
(2) Original records or documents or objects transmitted to the requesting State have returned to the requested State as soon as possible at the request of the requesting State.
(3) To the extent that this is not inconsistent with the law of the requested State and upon express request of the requesting State, the records, documents or objects are transmitted in the form or accompanied by the certificates required by the requesting State for the purpose that they are admissible in evidence under its law.
Article 7
Transmission of information, records and objects in possession of government authorities or bodies
(1) The requested State shall provide any information and objects, including documents or records, in possession of a government administration or agency and that are accessible to the public.
(2) The requested State may provide any information and objects, including documents or records, in possession of a government administration or agency and that are not accessible to the public, to the same extent and to the same conditions as those applicable to its own judicial authorities or those responsible for the application of the law.
(3) Subsection (2) applies to judicial records and judicial records.
Article 8
Presence of persons involved in procedures in the requested State
(1) A person whose requesting State requests the testimony or production of documents, records or other objects in the requested State is, if necessary, summoned to appear or testify or produce such documents, records and other objects, in accordance with the requirements of the law of the requested State.
(2) The competent authority of the requested State may, to the extent that it is not incomplete with its right, authorize the judges, the competent authorities of the requesting State and other interested persons in the investigation or procedures and mentioned in the application to attend the execution of the application and to participate in the procedures in the requested State.
(3) The right to participate in the proceedings shall include the right of any person present to ask questions according to the procedure applicable in the requested State. The competent authority of the requested State may, to the extent that it is not incompatible with its right, authorize the use of forms and modalities provided for by the law of the requesting State, including the literal transcript of the proceedings, and necessary for the admissibility of the evidence in the requesting State.
Article 9
Presence of persons in the requesting State to testify or assist in an investigation
The requested State, at the request of the requesting State, invites any person to assist in an investigation or to appear as a witness and seeks to obtain its cooperation for that purpose. The person is further informed of the reimbursable expenses and the allowances to be paid. If the person so requests, the requesting State may make an advance on travel and stay expenses. This advance may be paid by the Embassy of this State in the requested State.
Article 10
Searches and seizures
(1) To the extent permitted by its legislation, the requested State shall apply for search or seizure.
(2) The competent authority that has applied for a search or seizure shall provide all information that may be required by the requesting State in respect of, inter alia, the identity, condition, integrity and continuity of possession of the documents, records or property that have been seized and the circumstances of the seizure.
(3) The requesting State shall comply with any conditions imposed by the requested State in respect of all documents, records or seized property that may be submitted to it.
Article 11
Transfer to the requesting State of detained persons to testify or assist in an investigation in the requesting State
(1) At the request of the requesting State, a person detained in the requested State may be temporarily transferred to the requesting State in order to assist in investigations or to testify in proceedings, provided that they consent.
(2) As long as the person transferred must remain in detention under the law of the requested State, the requesting State shall keep the person in detention and shall hand it over to the requested State following the execution of the application.
(3) If the penalty imposed on the transferred person ends or if the requested State informs the requesting State that the person no longer has to be detained, the person is released and is considered to be a person whose presence has been obtained in the requesting State following a request for that purpose.
Article 12
Excepted
(1) Except as provided for in article 11 (2), any person who travels to the requesting State pursuant to a request for that purpose under articles 9 or 11 may not be prosecuted or detained or subjected to any restriction of his or her personal liberty in that State for acts or convictions prior to his or her departure from the requested State or be required to testify in any proceedings other than that relating to the application.
(2) Subsection (1) of this article ceases to apply where the person, free to leave, did not leave the requesting State within 30 days after having been formally notified that his or her presence was no longer required or if, having left him, he or she voluntarily returned.
(3) Any person failing to appear in the requesting State may not be subjected to any sanction or measure of constraint in the requested State.
Article 13
Proceeds of crime
(1) Within the limits allowed by its domestic law, the requested State undertakes, upon request, to grant assistance to:
(a) the location, research, blocking, seizure and confiscation of proceeds of offences; and
(b) ensure the restitution of their property to victims of an offence.
(2) The requesting State the assistance described in subsection (1) (a) shall inform the requested State of the reasons that make it believe that the proceeds of an offence are in the requested State. The requested State appreciates the follow-up to this information and makes known as soon as possible the measures taken.
(3) The requested State shall, in accordance with its right, after conclusion with the requesting State, decide to share with the requesting State the proceeds of an offence having been confiscated following an application for mutual assistance under subsection (1) (a) .
PART III. - Procedure
Article 14
Content of requests
(1) In all cases, requests for assistance contain the following information:
(a) the competent authority conducting the investigation or procedure relating to the application;
(b) a description of the nature of the investigation or procedures, a statement of the relevant facts and a copy or presentation of the applicable laws;
(c) the reason for the request and the nature of the mutual assistance sought; and
(d) an indication of the desired period of execution.
(2) In the following cases, the requests contain the following information:
(a) in the case of a request for testimony or search and seizure, the reasons for believing that evidence is in the territory of the requested State;
(b) in the case of a request for testimony, clarification of the need to obtain affidavits or solemn affirmations, and a description of the subject on which the testimony or statement must be brought;
(c) in the case of an application for the loan of exhibits, the authority that will have custody of it, the place where the exhibits will be delivered, the examinations to which they may be submitted and the date on which they will be returned; and
(d) in the case of an application relating to the provision of the detained State to the requesting State, the authority that will provide custody during the transfer, the place where the inmate will be transferred and the date of his return.
If the information provided in subparagraphs (c) and (d) is not contained in the application, it shall be forwarded as soon as possible.
(3) As far as necessary and to the extent possible, requests for assistance also contain the following information:
(a) the identity and nationality of the person or persons under investigation or procedure and the place where they are located;
(b) details of any particular procedure that the requesting State would like to see followed and the reasons for this; and
(c) a confidentiality clause and the reasons justifying it.
(4) If the requested State considers that the information contained in the application is insufficient, it may require that it be provided with additional information.
(5) Requests are made in writing. In emergency cases or where the requested State permits, the request may be made by fax, in which case the request is promptly confirmed in writing.
Article 15
Central authorities
(1) Under this Treaty, all requests and replies are transmitted and received by the central authorities, but without excluding, where special circumstances require, diplomatic transmission.
(2) In Canada, the central authority is constituted by the Minister of Justice or by officials designated by the Minister; In Belgium, the central authority is constituted by the Minister of Justice, his representative or his delegate.
Article 16
Confidentiality
(1) The requested State may request that the information or evidence provided or that the source of the information or evidence remain confidential or be divulged or used only on such terms as it specifies.
(2) The requesting State shall inform the requested State of the extent to which it may accede to the request made by the requested State. The requested State then determines whether it refuses or adjourns the follow-up to the request for assistance.
(3) The requested State shall protect, to the extent requested, the confidential nature of the application, its content, supporting documents and any action undertaken as a result of that request, except to the extent necessary to allow its enforcement.
(4) If the request cannot be complied with without prejudice to the requested confidential nature, the requested State shall inform the requesting State that decides whether or not to maintain its request.
Article 17
Restriction in the use of information
Before using or disclosing the information or evidence provided for purposes other than those set out in the application, the requesting State must obtain the consent of the central authority of the requested State.
Article 18
Authentication
The evidence, documents and information transmitted under this Treaty shall not require any form except as set out in Article 6.
Article 19
Languages
(1) Is attached to requests and supporting documents, if any, a translation into one of the official languages of the requested State.
Rule 20
Fees
(1) The requested State shall pay its costs for the execution of the request for assistance, with the exception of the following costs incurred by the requesting State:
(a) costs for the carriage of any person at the request of the requesting State, to or from the territory of the requested State and all costs and allowances payable while that person is in the requesting State or required pursuant to a request under articles 8 (2), 9 or 11;
(b) the costs and fees of the experts, whether they have been incurred in the territory of the requested State or in that of the requesting State.
(2) If it appears that the execution of an application entails exceptional costs, the contracting States shall consult with a view to determining the terms and conditions for which the requested assistance may be provided.
PART IV. - Final provisions
Article 21
Other forms of mutual assistance
This Treaty does not impede mutual legal assistance arising from other treaties or arrangements between the Contracting States or other forms of mutual assistance between the competent authorities of the Contracting States.
Article 22
Scope
This Treaty applies to any application filed after the date of its entry into force even if the facts in question occurred before that date.
Article 23
Consultation
The Contracting States shall consult promptly, at the request of one of them, with respect to the interpretation and application of this Treaty.
Article 24
Entry into force and denunciation
(1) Each of the two Contracting States shall notify the other of the fulfilment of the procedures required for the entry into force of this Treaty.
(2) This Treaty shall enter into force on the first day of the second month following the date of receipt of the last notification.
(3) Each of the two States may at any time denounce this Treaty by sending a notification of denunciation to the other by diplomatic means. The denunciation shall take effect one year after the date of receipt of the notification.
IN WITNESS WHEREOF, the representatives of the two Governments, authorized for this purpose, have signed and affixed their seal to this Treaty.
Done in Brussels on 11 January 1996, in double copies, in French, Dutch and English, the three texts being equally authentic.