Appendix 1
Appendix 2

Law on the amendment of the law of law, the law of the international enforcement of penalties, etc. and the law on the extradition of offenders

(Implementation of the Council of Europe Convention on the laundering, investigation, seizure and confiscation of the proceeds of criminal offences and the financing of terrorism and the implementation of the third and fourth additional protocol to the European Union Extradition Convention, etc.)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the rule of law, cf. Law Order no. 1008 of 24. In October 2012, as amended by Section 1 of law no. 1242 of 18. December 2012, Section 1 in Law. 1387 of 23. December 2012 and section 2 of the Law No 378 of 17. April 2013, the following changes are made :

1. I § 795 pasted as paragraph 3 :

" Stop. 3. Section 189 shall apply mutatis mutis. When the search is carried out at a business company, this shall also apply to others who are aware of the case by virtue of their association with the undertaking. ` ;

2. I § 804, paragraph. 1, pasted as Act 2. :

' When notified to a business undertaking, section 189 shall apply mutatis muth to others who are aware of the case by virtue of their association with the undertaking. ` ;

§ 2

In the Act of the International Enforcement of Retribution, etc., cf. Law Order no. 740 of 18. July 2005, the following changes shall be made :

1. The heading for Chapter 3 a ITREAS :

" Chapter 3 a

Completion of decisions on confiscation by other Conventions '.

2. § 5 a ITREAS :

" § 5 a. Decisions on confiscation covered by the UN Convention against the illegal trade in narcotics and psychotropic substances, the European Convention on Laundering, Investigation and the seizure and confiscation of the proceeds of a criminal offence or The Council of Europe Convention on the laundering, investigation, seizure and confiscation of the proceeds of criminal offences and the financing of terrorism, cf. in accordance with Chapter 3, Annexes 3, 4 and 5 shall be subject to compliance with the rules laid down in Chapter 3. ` ;

3. As Annex 5 the following Annex 1 is added to this law.

§ 3

In the law on the delivery of offenders, cf. Law Order no. 833 of 25. In August 2005, as amended in particular by Section 1 of Law No 1. 394 of 30. April 2007 and no later than Section 2 of Law No 271 of 4. April 2011, the following changes are made :

1. I Section 6 (2). 1, and § 10 h, paragraph 1, ' his ' shall be replaced by ' his '.

2. § 8 ITREAS :

" § 8. Extradition may not take place when the person being extradiged in this country, in a Nordic country or in a Member State of the European Union, has been convicted or exempled from the same criminal offence. The same applies if the one to be extradied here in the country is pardoned for the action. Extradition may also be refused if the search for the extradiment is doomed or exempled from the action in a country outside the Nordic countries and the European Union. However, regardless of the fact that the person in question is convicted of the same offence, extradition may not be made only after the provisions of 1. and 3. pkton, if the judgment has been consummated, will be consummated or no longer enforceable in accordance with the law of the country of origin.

Paragraph 2. Where an indictment against the has been dropped here in the country, extradition may be carried out only where the conditions for repayment of the decision on indictlation have been fulfilled. In addition, extradition may be refused if the subject is given up and the conditions for remaking the decision on the subject of the contract are not fulfilled.

Paragraph 3. Proposal for criminal prosecution may be refused if there is proceedings in this country against the person concerned for the action on which extradition is sought and prosecuted for the purpose of the action of the action to which it is attached ; Denmark and the circumstances, moreover, are to be carried out here in the country. '

3. Five places in § 10 and in section 16 (4). 1, § 17, paragraph 1. ONE, ONE. pkt., § 18 e, paragraph 1. ONE, ONE. pkt., and Section 20 (2). 1, ' he ' shall be replaced by ' the person concerned '.

4. I § 10, nr. 1 (b) replaced "45" to : "30".

5. I § 10 d (1) ONE, ONE. pkt., the words ' other than that of the Member State requesting extradition ` shall be deleted ;

6. § 10 d (1) ONE, FOUR. pkt., ITREAS :

' Regardless of the fact that the person in question is convicted of the same offence, extradition may not be made only after the provisions of 1. and 3. pkton, if the judgment has been consummated, will be consummated or no longer enforceable in accordance with the law of the Member State of origin. ` ;

7. I § 10 m (3) ONE, ONE. pkt., the ' other ` is deleted.

8. § 10 m (3) ONE, FOUR. pkt., ITREAS :

' Regardless of the fact that the person in question is convicted of the same offence, extradition may not be made only after the provisions of 1. and 3. pkton, if the judgment has been consummated, will be consummated or no longer enforceable in accordance with the law of the country of origin. `

9. I § 10 o, paragraph 1 2, no. 1, and paragraph 4, no. 2, replaced "45" to : "30".

10. I Section 21 (1). 1, "he" shall be replaced by : ' The minister '.

11. I § 21 pasted as paragraph FOUR :

" Stop. 4. Section 13 shall apply mutatis mutis. `

12. Insert after section 21 b :

" § 21 c. In the case of extradition to countries which have acceding to the third additional protocol to the European Convention on Extradition, the rules shall apply in the additional protocol, cf. Annex 3 to this law unless other rules on extradition between Denmark and the country concerned go beyond the rules of the additional protocol. `

13. As Annex 3 the following Annex 2 is added to this law.

§ 4

Paragraph 1. The law shall enter into force on 1. July, 2013.

Paragraph 2. Law of the Act, number three. 4, 9, 12 and 13, shall apply to requests for extradition to be made after the entry into force of the law.

§ 5

Paragraph 1. The law does not apply to the Faroe Islands and Greenland.

Paragraph 2. The section 2 and 3 of the law may, by means of a royal appliance, fully or in part to Greenland, with the changes which the Greenland conditions are saying.

Paragraph 3. The Act of Section 2 may, by means of a royal device, be fully or partially set in force for the Faeroe Islands, with the changes that the ferotable conditions are attributable.

---

Appendix 1

' Appendix 5

the Council of Europe Convention on the laundering, investigation, seizure and confiscation of the proceeds of criminal offences and the financing of terrorism ;

Warsaw, the 16s. May 2005

Preamble

Member States of the Council of Europe and other States which sign this Convention,

who believe that the objective of the Council of Europe is to achieve greater unity between its members ;

that are convinced of the need to pursue a common criminal policy for the protection of society,

it considers that the fight against serious crime, which has become an ever-growing international problem, requires the use of modern and effective methods at international level,

It is convinced that one of these methods is to deprive criminals of their crimes and the tools available to them ;

the establishment of a functioning system of international cooperation must be established to achieve this objective,

whereas it refers to the Council of Europe ' s Convention on the laundering of money laundering, investigation and seizure and confiscation of the proceeds of a crime (ETS No 141) in the following sign ' 1990-Convention `) ;

Furthermore, Resolution 1373 (2001) draws attention to Resolution 1373 (2001) on threats to international peace and security caused by terrorist acts adopted by the United Nations Security Council on 28. September 2001, and in particular this Article 3.d;

there are similar memories of the International Convention on the fight against the financing of terrorism adopted by the United Nations General Assembly on 9. In December 1999, and in particular Articles 2 and 4 of this Convention, which imposes the criminalisation of terrorist financing ;

which are convinced that it is necessary immediately to take measures to ratify and fully implement the aforementioned International Convention on the fight against the financing of terrorism,

have the following agreement :

Chapter I-Use of termer

Article 1-Use of termites

In this Convention :

a) means "yield" any economic advantage which directly or indirectly stems from or has been obtained by criminal acts. It may consist of all forms of property as defined in (b) of this Article ;

b) includes the property of any kind, whether it be pieceable or untouchabled property, property or tangible property, and legal documents and documents proving a welcome or rights of such property ;

c) ' means ' means any form of property used or intended to be used in any manner, in whole or in part, to commit one or more offences ;

d) ' confiscation ` means a sanction or measure imposed by a court in accordance with a court proceedings relating to one or more offences, resulting in a final intoxication of assets ;

(e) ' " before crime ' means any criminal act which leads to the occurrence of dividential yields which may be the subject of a crime as defined in Article 9 of this Convention ;

(f) means "financial intelligence unit" (in the following designated "FIU") a centralizing national unit with responsibility to receive (and, after authorisation, request), analyse and disclose information on financial matters to the competent authorities ;

i) on funds suspected of being the dividends and possible financing of terrorism ; or

(ii) where there is a requirement for national legislation,

in order to combat the laundering of the laundering and financing of terrorism ;

g) include "freezing" or "seizure" a temporary prohibition of transfer, destruction, conversion, dislocation or transfer of assets or a provisional takeover of or control of assets on the basis of such assets ; by a court ruling, by a court or by another competent authority ;

(h) the 'financing of terrorism' includes the actions set out in Article 2 of the aforementioned International Convention on the Fighting financing of Terrorism.

Chapter II-Funding of terrorism

Article 2-Mobilisation of the Convention on Financing of Terrorism

1. Each Party shall adopt the legislative and other measures necessary for the application of the provisions set out in Chapter III, IV and V of the Convention on the financing of terrorism.

2. Each Party shall ensure, in particular, that it can investigate, track, identify, freeze, confiscate and confiscate property, be it of legal or illegal origin, which has been, in whole or in part, been used or intended for use, the financing of terrorism, or which constitute the yield of such a criminal act, and shall cooperate as far as possible to cooperate with a view to that end.

Chapter III-Measures to be taken at national level

Section 1-General

Article 3-Anti-compensation measures

1. Any Party shall adopt the legislative and other measures necessary to enable it to confiscate the tools and profits or assets of goods whose value corresponds to such yield and laundered assets.

2. Provided that this Article is paragraph 1. 1 shall apply to the whitewashing and categories of criminal matters specified in the Annex to this Convention, may any Party at the time of signing or deposit of its instrument of ratification, acceptor approval, or The instrument of accession, by means of a declaration addressed to the Secretary-General of the Council of Europe, declare that paragraph 1 of this Article shall be taken. 1 shall apply only to :

a) to the extent that the relevant criminal conditions may be punished with detention or another form of detention with a strait of more than one year. However, any party may make a declaration on this provision in relation to the confiscation of the proceeds in the case of infringements of tax law, with the sole purpose of being able to confiscate the benefit in question, both nationally and through international cooperation, in Whereas national and intergovernmental legislation on recovering the guilty tax is carried out ;

and / or

b) of a number of nearer offenses.

3. The Parties may impose compulsory confiscation for offences subject to the rules on the rules of the rules. The Parties may, in particular, allow such a provision to include the laundering of the laundering, drug trafficking, human trafficking and any other serious criminal offence.

4. Each Party shall adopt the legislative and other measures necessary in order to require that a criminal offence in connection with one or more serious criminal matters as defined by national law, shall be required, to prove the origin of an alleged yield or of other assets that may be confiscated to the extent that such requirements are compatible with the principles of national law.

Article 4-Investigative and Preliminary Measures

Each Party shall adopt the legislative and other measures necessary to enable it to rapidly identify, track, freeze or impound property of assets to be confiscated in accordance with Article 3, in particular with : in order to facilitate the implementation of a later confiscation.

Article 5-Frostbite, seizure and confiscation

Each Party shall adopt the legislative and other measures necessary to ensure that the measures relating to the freezing, seizure and confiscation also include :

a) assets to which a yield has been reproduced or converted ;

b) Whereas assets acquired from legal sources, the benefits of which are wholly or partially mixed up, up to the estimated value of the dividenti-mixed dividenti-diced yield ;

c) income or other benefits derived from criminal assets from capital assets, from assets to which a criminal asset has been converted or converted or from assets to which a benefit is mixed up with up to the estimated value of the goods ; dividently, in the same way, and to the same extent as penalised dividentias.

Article 6-Compensation of frozen or implaged property of assets

Each Party shall adopt the legislative or other measures necessary to ensure the correct administration of frozen or implaged property in accordance with Articles 4 and 5 of this Convention.

Article 7-Investigative powers and techniques

1. Each Party shall adopt the legislative and other measures necessary to order the courts or other competent authorities to order that banking information, financial information or commercial services, the information shall be made available or seized in order to carry out the actions referred to in Articles 3, 4 and 5. A party may not refuse to take steps in accordance with the provisions of this Article in the name of banking secrecy.

2. Each Party shall, subject to paragraph 1, shall : 1, adopt the legislative and other measures which may be necessary for the party concerned to :

a) whether a natural or legal person is the proprietor or the real holder of one or more accounts, regardless of their character, in any bank located on its territory, and in which case all information on the identified accounts should be provided ;

b) obtain information on certain bank accounts and banking transactions that have been carried out for a specific period through one or more detailed accounts, including information about accounts that may have been transferred to or from ;

c) carry out monitoring in a specified period of the banking operations carried out through one or more specific accounts ; and

d) ensure that banks do not make the bank or other third parties aware of the requisitioned or obtained information in accordance with (a, b or c, or that there is an investigation going.

The Parties must consider extending this provision to accounts in financial institutions that are not banks.

3. Each Party shall consider adopting the legislative and other measures necessary to enable it to use special investigative techniques to facilitate the identification and tracing of the yield and collection of goods ; evidence in this context, such as observation, interception of telecommunications, access to computer systems, and warrants to present certain documents.

Article 8-Remedies

Each Party shall adopt the legislative and other measures necessary to ensure that the relevant parties affected by measures in accordance with Articles 3, 4 and 5, and the other provisions of this Title, are subject to the provisions of this paragraph, may be relevant shall have effective remedies with a view to preserving their rights.

Article 9-Interruptions in connection with whitewash

1. Any Party shall adopt the legislative and other measures which may be necessary to make the following conditions under national law where they are committed intentionally :

a) the circulation or transfer of assets with knowledge that such assets are dividends in order to conceal or cover the illegal origin of the assets or to assist a person who is involved in committing the predicate crime, in order to avoid : the legal consequences of his actions ;

b) acts to conceal or obsate the true nature, origin, container, dispositions, movements, rights or ownership of assets with knowledge that these assets are yields ;

and without prejudice to its constitutional principles and basic principles of law ;

c) the acquisition, possession or use of assets with knowledge at the time of receipt, that these assets were yields ;

d) participation in, complicity or conspiring with a view to making, attempts to commit and assistance, assistance or advice in connection with the request of any of the crimes that have been established as crimes in accordance with this Article.

2. In the context of the implementation or application of this Article. 1 :

a) whereas it is of no consequence whether the predicate is to fall within the jurisdiction of the relevant party to the criminal jurisdiction of the party concerned ;

b) whereas it may be established that the crimes referred to in this paragraph do not apply to persons who committed the predicate ;

c) knowledge, intent or purpose required as an element in the crimes of this paragraph may be derived from objective, factual circumstances.

3. Any Party may adopt the legislative and other measures which may be necessary to establish that all the conditions laid down in paragraph 1 of this Article shall be taken. 1, or a single individual of these, is punishable under its national law, in either one or both of the following cases where the offence is carried ;

a) suspected that the assets were dividends,

b) should have assumed that the fortunes were dividends.

4. Provided that this Article is paragraph 1. 1 shall apply to the categories of pre-offences listed in the Annex to the Convention, any State or the European Community, at the time of its signature or the deposit of its instrument of ratification, acceptance, approval- or the instrument of accession by a declaration addressed to the Secretary-General of the Council of Europe, that paragraph of this Article shall be declared. 1 shall apply only :

a) in so far as the criminal may be punishable by a detention or another detention measure for more than one year, or, for the parties having a minimum threshold for offences in their legal system, in so far as the relationship can be penalised, detention or another custodion-deprivation of a minimum sentence of more than six months ; and / or

b) on a number of specified pre-offences ; and / or

c) on a group of serious offences in the national legislation of the Party concerned.

5. Each Party shall ensure that a prior or simultaneal conviction of the precipitating is not a precondition for a conviction for the laundering of the money.

6. Each Party shall ensure that the case of a conviction for the laundering of this Article is possible where it has been proven that it in this Article is paragraph 1. Paragraph 1 (a b) derives from a crime without the need to demonstrate exactly what crime.

7. Each Party shall ensure that, in the case of whitewash, acts committed in another State, which constitute a criminal offence in this state, would have committed a crime if it had been committed nationally. Any Party may decide that the only condition is that the action would have been a crime if it was committed nationally.

Article 10-Corporate Responsibility

1. Each Party shall adopt the legislative and other measures necessary to ensure that legal persons may be held liable for criminal offences in the form of whitewash as determined under this Convention, when : the relationship has been committed to the benefit of a natural person who has a leading position in the legal person and who acts individually or as part of a entity in the legal person on the basis of :

a) a power of authority to represent the legal person ; or

b) the authority to take decisions on behalf of the legal person ; or

c) an authority to exercise control of the legal person ;

as well as for the participation of such a physical person as a contributor or an initiator of the abovementioned criminal conditions.

2. Except for the cases already referred to in paragraph 1. 1, each Party shall take the necessary measures to ensure that a legal person may be held liable for the lack of supervision or control by a physical person as set out in paragraph 1. 1, made it possible for a natural person under the control of the legal person to commit the criminal matters referred to in paragraph 1. 1 for the good of the legal person.

3. Criminal liability for a legal person, in accordance with this Article, shall not preclude criminal proceedings against any natural person who commits, or includes, the impunity of the criminal conditions laid down in paragraph 1. 1.

4. Each Party shall ensure that legal persons punished in accordance with this Article are subject to effective, proportionate and preventive criminal law or non-criminal sanctions, including economic sanctions.

Article 11-Previous Decisions

Any Party shall adopt the legislative and other measures necessary to make it possible to take account of final decisions concerning a natural or legal person who has been met by a penalty in the penalty at the time of penalty of penalty. the other party in connection with conditions that are punishable under this Convention.

Section 2-Financial intelligence unit (FIU) and prevention

Article 12-Financial intelligence unit (FIU)

1. Each Party shall adopt the legislative and other measures necessary to establish a FIU as defined in this Convention.

2. Each Party shall adopt the legislative and other measures necessary to ensure that its FIU has direct or indirect access to the information on the economy, administration and law enforcement, which are necessary for the purposes of the FIC. in order to carry out its functions properly, including analysis of reports of suspicious transactions.

Article 13-Prevention measures for the prevention of whitewash

1. Each Party shall adopt the legislative and other measures necessary to establish a comprehensive domestic regulatory, supervisory and surveillance system in order to prevent whitewashing, and shall take the necessary measures ; in respect of applicable international standards, in particular those which have been adopted by the Financial Action Task Force for the laundering of the laundering (FATF).

2. In this context, any party shall, in particular, adopt the legislative or other measures necessary to :

a) be able to require legal and natural persons dealing with activities with particular high probability of being used for the laundering and, in the case of this undertaking, that it :

i) identify and confirm the identity of their customers and, where appropriate, their top real owners, and that it carries out diligence studies of their commitment, while taking a risk-based approach ;

(ii) the suspect in the case of a whitewash, where safety measures are to be taken ;

(iii) take support measures such as registration of customer identification and transaction details, training of staff and the establishment of internal guidelines and procedures and, where necessary, adapted to their size and the nature of their business ;

b) in the case of persons referred to in point (a), the persons referred to in point (a) show that a suspect transaction or information has been reported as such, or that there may be or may be a launder-launder-looking investigation ; running ;

c) ensure that the persons referred to in point (a) are the subject of effective monitoring systems and, where appropriate, supervision to ensure that they comply with the requirements for the control of the laundering, where appropriate, on the basis of a risk assessment.

3. In this regard, any party shall adopt the legislative or other measures necessary to expose the significant physical cross-border transport of cash and relevant transferable non-haver-land documents.

Article 14-Insertion of domestic suspicious transactions

Each Party shall adopt the legislative and other measures necessary to make it possible that the FIU or, where appropriate, other competent authorities or bodies may intervene immediately, where there is suspicion ; that a transaction is related to whitewash, to suspend or withhold the consent of a transaction to be carried out with a view to obtaining the transaction analysed and suspicions. Any party may limit such measures to cases where a suspected transaction has been reported. The maximum duration of any suspension or withholding of consent to a transaction shall be subject to the relevant provisions applicable to national law.

Chapter IV-Internationally cooperation

Section 1-Principles of international cooperation

Article 15-General principles and measures in the context of international cooperation

1. The Parties shall cooperate with each other as far as possible in the context of investigations and measures for the confiscation of tools and yield.

2. Each Party shall adopt the legislative or other measures necessary to enable it to comply with the conditions laid down in this Chapter :

a) on the confiscation of particular assets representing the yield or gear and of the confiscation of the yield that consists of paying a sum of money corresponding to the value of the yield ;

b) on aid and interim measures for one of the two types of confiscation referred to in point (a) of the above.

3. The assistance and the interim measures requested in paragraph 1 shall be taken. 2 (b) shall be implemented as it is possible and in accordance with the national legislation of the requested Party. Where, in a request for one of these measures, any formalities or procedures necessary for the law of the requesting party shall have the requested Party, even if they are unfamiliar to this party, shall comply with such provisions ; calls to the extent to which the requested action is not contrary to the basic principles of the law of this Party.

4. Each Party shall adopt the legislative or other measures necessary to ensure that requests from other parties to identify, track, freeze or impound yield and tools are given the same priority as : requests made within the framework of the part's own procedures.

TITLE 2-Investigative Assistance

Article 16-Duty to assist

The Parties shall, at its request, provide each other, as far as possible, assistance in the identification and tracing of tools, dividendment and other assets to be confiscated. Such assistance shall include any provision and assurance of proof of the existence, container or movements of the said assets, the nature, legal status or value of such assets.

Article 17-Requests for information on bank accounts

1. Any party shall take the measures required by this Article to take the measures necessary in response to a request submitted by another Party to determine whether a natural or legal person is the subject of a person who is subject to a decision ; criminal investigation, has, or controls, one or more accounts, regardless of their character, in any bank located on the territory of the person concerned and, in such case, the information on the accounts found to be used.

2. The obligations set out in this Article shall apply only to the extent to which the information is found at the bank where the account is taken.

3. In addition to the requirements referred to in Article 37, the requesting party shall at its request :

a) consider why it considers that the information requested is likely to be of great value with a view to the criminal investigation of the relationship ;

b) indicate the reason why it is presumed that banks in the requested party have the account and, as far as is possible, specify the banks and / or accounts to which it may be about ; and

c) include any additional information available that may facilitate the execution of the request.

4. The requested party may make the request dependent on the same conditions as it applies to requests for search and seizure.

5. Any State or European Community may at the time of signing or deposit of its instrument of ratification, acceptance, approval or accession by a declaration addressed to the Secretary-General of the Council of the Council of Europe shall declare that : the provisions of this Article shall apply only to categories of criminal offences listed in the Annex to this Convention.

6. The Parties may extend this provision to accounts with financial institutions that are not banks. Such an extension may be conditional upon reciprocity.

Article 18-Request for information on bank transactions

1. Upon request of any other Party, a requested Party shall forward details of the bank accounts and the banking arrangements which have been carried out during a specified period through one or more accounts in the request, including details of : accounts that have been transferred to or from.

2. The obligation laid down in this Article shall apply only to the extent of the information contained in the bank in which the account is taken.

3. In addition to the requirements referred to in Article 37, the requesting party shall, in his request, request why the information requested shall be deemed to be relevant to criminal investigation of the offence.

4. The requested party may make such a request that the same conditions apply to the party concerned by requests for search and seizure shall apply.

5. The Parties may extend this provision to accounts in other financial institutions other than banks. Such an extension may be conditional upon reciprocity.

Article 19-Proposals for monitoring banking transactions

1. Each Party shall ensure that, at the request of another party in a specified period, it may monitor the banking arrangements carried out through one or more accounts referred to in the request and to pass on the results to the requesting party.

2. In addition to the requirements set out in Article 37, the requesting party shall, in his request, request why the requested information is considered to be relevant for the criminal investigation of the offence.

3. The decision to carry out surveillance shall in any case be taken by the competent authorities of the requested Party in accordance with the national legislation of the Party concerned.

4. The practical details concerning the surveillance must be agreed between the competent authorities of the requesting party and the requested Party.

5. The Parties may extend this provision to accounts in other financial institutions other than banks.

Article 20-Unsolicited information

A Party may, without prejudice to any criminal investigation or prosecution of this party, send a other Party with information relating to the tools and benefits without prior request, when it considers that such information can be discontinued ; assist the receiving party to initiate or conduct investigations or other steps or leads to a request from this party in accordance with this Chapter.

Section 3-Interim measures

Article 21-Pate to take interim measures

1. At the request of another party to pursue criminal proceedings or legal proceedings for confiscation, a party shall take the necessary interim measures such as freezing or seizure, in order to : prevent the trade in, transfers of or the raw material over assets which may at a later date be subject to a request for confiscation, or which would be able to serve to comply with the request.

2. A party that has received a request for confiscation pursuant to Article 23 shall, at the request of this Article, be taken in accordance with paragraph 1 of this Article. The provisions of this Article shall concern the assets referred to in the request, or which would serve to comply with the request.

Article 22-Preliminary measures

1. Following the implementation of the provisional measures requested in accordance with Article 21 (1), 1, the requesting party shall disclose all information which may be contested or limit to the extent of these actions to the requested party. In addition, the requesting party shall forward all additional information requested by the requested party without undue delay and which are necessary for the implementation and follow-up of the provisional measures.

2. Before the requested party waives a provisional measure under this Article, it shall, where possible, provide the requesting party with the opportunity to present its grounds for supporting the continuation of the measure.

Section 4-Confiscation

Article 23-Pate to confiscate

1. A party that has received a request from another party concerning the confiscation relating to the gear or the yield of the goods within its territory shall :

a) the completion of a decision on confiscation by a court of a requesting party in relation to such tools or yields ; or

b) submit the request to its competent authorities in order to obtain a warrant for confiscation and, where such a decision is obtained, the full burden of the authorization.

2. For the purposes of paragraph 1 of this Article. The first subparagraph of Article 1 (b) shall be empowered to apply the case of confiscation in accordance with its applicable law.

3. The provisions of paragraph 1 of this Article. Paragraph 1 shall also apply to confiscation, which consists in a requirement to pay a monetary sum corresponding to the value of dividends, provided that the property of assets that can be the subject of confiscation is situated within the territory of the requested Party. In the context of the enforcement of confiscation pursuant to paragraph 1. 1 the requested party in such cases shall, where no payment is made, make the claim applicable in relation to all forms of property in which the requirement can be implemented.

4. If a request for confiscation relates to a particular asset, the Parties may agree that the requested party may be able to complete the consignment in the form of a claim to pay a monetary amount corresponding to the value of this asset.

5. The Parties shall as far as possible, in accordance with their national law, cooperate with parties requesting the implementation of measures corresponding to confiscation resulting in the loss of assets but which do not constitute one ; criminal sanction, insofar as such measures have been ruled out by a judicial authority of the requesting party in connection with a criminal offence, and provided that it has been determined that the assets constitute profit or other ; the form of the assets of the goods listed in Article 5 of this Convention.

Article 24-Construction of confiscation

1. Procedures for obtaining and implementing the confiscation pursuant to Article 23 shall be stipulated in accordance with the legislation of the requested Party.

2. The requested Party shall be bound by the facts established in so far as they have been determined by a court ruling or other legal decision within the territory of the requesting party, or to the extent that such a conviction or other legal decision is taken ; indirectly based on these.

3. Any State or European Community may, at the time of signing or the deposit of its instrument of ratification, acceptance, approval or instrument of accession, by a declaration addressed to the Secretary-General of the Council of the Council of Europe, Article 1 (s), 2 shall apply only without prejudice to its constitutional principles and the basic principles of its legal system.

4. In the case of the consignment in a claim to pay a monetary amount, the competent authority of the requested party shall rethink this amount for the currency of this Party at the time when the decision to complete the consignment is to be completed ; is taken.

5. In the case of Article 23 (1), Paragraph 1 (a) shall have the right of the requesting party only to decide on a possible request for a review of the compensation payment.

Article 25-Cash-confiscated assets

1. Formuegos confiscated by a party pursuant to Articles 23 and 24 of this Convention shall be subject to a dispute over in accordance with its national legislation and administrative procedures.

2. When the Parties are acting at the request of another party pursuant to Articles 23 and 24 of this Convention, they shall, as far as possible, be given in accordance with their national law and, at the request of this Convention, to give priority to treatment ; the return of the confiscated assets to the requesting party so that the party may grant compensation to the prejudiced by the offence or return the property owners to their rightful owners.

3. When the Parties are acting at the request of another party pursuant to Articles 23 and 24 of this Convention, a party may take special account of the award of contracts or arrangements for the sharing of assets with other parties either running or from a case to : the case in accordance with its national legislation or administrative procedures.

Article 26-Enforcement of Enforcement and maximum amount for confiscation

1. A request for confiscation to be made in accordance with Articles 23 and 24 shall not affect the right of the requesting party to carry out the conforcement of the consignment itself.

2. Nothing in this Convention shall be interpreted as authorizing that the total allocation value exceeds the amount given in the consignment. If a Party considers that this could be carried out, the parties concerned shall consult each other in order to avoid this.

Article 27-Prison penalty as an alternative remedy

The requested party may not impose a prison sentence as an alternative remedy or any other measure restricting the freedom of a person pursuant to Article 23, provided that the requesting party has indicated this in the request.

Section 5-Denial or deferment of cooperation

Article 28-Round to refusal

1. Cooperation pursuant to this chapter may be refused, provided that :

a) the measure requested would be in breach of basic principles of the legal system of the requested Party, or

b) the application of the request could have a negative effect on the sovereignty, security, order of public or other essential interests of the requested party ; or

c) the importance of the case to which the request relates, in accordance with the opinion of the requested Party, does not justify the request, or

d) the offence to which the request relates is a tax offence, with the exception of the financing of terrorism, or

(e) the offence to which the request relates is a political offence, with the exception of the financing of terrorism, or

(f) the requested Party considers that the application of the measure requested would be in breach of the principle ; ne bis in idem , or

g) the offence to which the request relates would not be illegal under the law of the requested Party, provided that it was committed within its field of competence. However, the justification for refusal of cooperation shall apply only to cooperation under Section 2, provided that the requested assistance is carried out by the aid requested. Where double imprability is a precondition for cooperation under this chapter, it shall be deemed to have been fulfilled, whether the two parties classify the offence in the same category of criminal offences or inautiate it in the same way, terminology, provided that both parties consider the behaviour behind the relationship to be punishable.

2. Cooperation under Section 2, in the case of the requested assistance, shall also be refused, provided that the measures requested would not be taken in accordance with the provisions of Title 3 of this Chapter. the legislation of the requested Party for investigation or prosecution, if it had taken a similar case under its own legislation.

3. Where the legislation of the requested Party requires it, cooperation under Section 2 may, in the case of the aid requested, coercion measures, as well as in accordance with Title 3 of this Chapter, shall also be refused, provided that the measures which are intended to be taken by the Member of the Commission shall also be refused. are requested, or other measures having similar effects, would not be permitted under the law of the requesting party or, in the case of the competent authorities of the requesting party, if the request is not authorised by the requesting party, either a court judge or other legal authority, including those of public prosecutors who are responsible ; Say offenses.

4. Cooperation pursuant to Title 4 of this Chapter may also be refused, provided that :

a) the confiscation not in accordance with the laws of the requested Party may be applied to the type of offence to which the request relates ; or

b) that, without prejudice to any negative effects on the provisions of Article 23 (1). The provisions of this Article shall be contrary to the principles of the legislation of the requested Party relating to the limits of confiscation in respect of the relationship between a crime of law and :

i) an economic advantage that could be described as the benefit of ; or

(ii) assets that could be described as instruments ; or

c) the confiscation in accordance with the law of the requested Party no longer be required or carried out owing to obsolescence ; or

d) the request does not relate to a prior conviction or a decision of a legal character or a declaration in such a decision that one or more offences have been committed on the basis of which a decision has been made, or made a request for confiscation, cf. however, Article 23 (1), 5 ; or

(e) the confiscation must not be enforced within the territory of the requesting party or that the confection of confiscation is still to be linked to an ordinary manner ; or

(f) the request relates to a permit to permit the result of a decision taken in absentia, i.e. without the presence of the person against whom the ruling was refused, and where the court case was held by the requesting party which led to the ruling, following the opinion of the requested Party, which did not satisfy the minimum requirements for the defence of the law, recognised as a right, like any man against whom charges have been charged.

5. For the provisions of paragraph 1 of this Article. 4 (c) a decision shall not be deemed to have been taken, in absentia if :

a) the decision has been affirmed or stated in the name of the person concerned ; or

b) the decision has been abated in an appeal proceedings, as opposed to the decision to be appealed by the person concerned.

6. For the provisions of paragraph 1 of this Article. Point 4 (f) the requested party by the requested party in determining whether the minimum requirements for the defence are met, take account of the fact that the person concerned has deliberately sought to escape justice, or the fact that the person concerned has been deliberately sought ; the person concerned after having had the opportunity to object to the decision taken, in absentia , has chosen not to do this. The same shall apply where the person concerned, after duly subpoenas, chooses not to grant a meeting or request a postponement.

7. A Party may not invoke banking secrecy as a reason for refusing cooperation under this chapter. Where required by national law, a Party may require that a request for cooperation resulting from the termination of the banking secrecy shall be approved by a judge or other judicial authority, including public prosecutors dealing with it ; with felonies.

8. Without prejudice to the explanatory statement referred to in paragraph 1 of this Article. 1 (a) :

a) the fact that the person who the investigation is directed against, or as the confiscation warrant, in the case of the requesting party, is a legal person, could not be invoked by the requested party as an obstacle to the fact that : cooperate in accordance with this Chapter ;

b) the fact that the physical person, to whom a ruling on the confiscation of the goods has been discharged, is dead, or the fact that a legal person, against whom a ruling on the confiscation of the proceeds has been disbanded later, has been dissolved. could not be invoked as an obstacle to providing assistance in accordance with Article 23 (1). 1 (a) ;

c) the fact that the person investigating the investigation or, as the case may be, by the competent authority of the requesting party is referred to as the perpetrator for both the crime and the laundering of the investigation, Article 9 (1). Point 2 (b) of this Convention could not be invoked by the requested party as an obstacle to cooperation under this chapter.

Article 29-Postscript

The requested Party may defer measures in accordance with a request, provided that such measures would create difficulties for investigations or prosecuting proceedings initiated by its authorities.

Article 30-Partial or conditional descendants of a request

Before a party denies or exposes cooperation under this Chapter, it shall, where necessary, be consulted on the request of the requesting party, whether or not the request may be complied with in part or in such conditions as it may be found ; necessary.

Section 6-Notification and protection of third parties ' rights

Article 31-Notification of documents

1. The Parties shall provide each other with the greatest possible mutual assistance in the service of the provision of legal documents to persons affected by provisional measures and confiscation.

2. Nothing in this Article is intended to adverbs :

a) the possibility of submitting legal documents directly with mail directly to persons abroad ;

b) the possibility of service of the competent authorities of the issuing party, officials or other competent authorities, directly through the consular authorities of this party or through the legal staff of the receiving party, officials or other competent authorities,

unless the receiving Party gives a declaration of the opposite to the Secretary-General of the Council of Europe at the time of signing or on the deposit of its instrument of ratification, acceptance, approval or instrument of accession.

3. For the service of legal documents relating to persons abroad who are affected by interim measures or confiscation in the territory of the exporting party, this party shall indicate the possible remedies which may be brought before the end of the country ; to be applied in accordance with its legislation to such persons.

Article 32-Recognition of foreign decisions

1. In the treatment of a request for cooperation pursuant to paragraphs 3 and 4, the requested party shall recognise any legal decision taken in the territory of the requesting party as regards rights invoked by a third party.

2. Recognition may be refused if :

a) the third party did not have a reasonable opportunity to ascertain its rights ; or

b) the decision is incompatible with a decision which has already been taken within the territory of the requested Party on the same case ; or

c) it is not compatible with the order of the requested Party ; or

d) the decision was taken in violation of exclusive competence laid down by the law of the requested Party.

Section 7-Procedures and other general rules

Article 33-Central authority

1. The Parties shall appoint a central authority or, if necessary, several central authorities responsible for submitting and responding to requests made in accordance with this chapter, after such requests, or discontinued ; the authorities responsible for complying with them.

2. Any party shall at the time of signing or deposit of its instrument of ratification, acceptance, approval or instrument of accession shall give the Secretary-General of the Council of Europe the name and address of the authorities designated by virtue of the Treaty ; of this Article. 1.

Article 34-Direct communications

1. The central authorities must communicate directly with one another.

2. In the case of urgency, requests or requests pursuant to this chapter may be sent directly by the judicial authorities of the requesting party, including public prosecutors, to the corresponding authorities of the requested Party. In such cases, a copy shall be sent at the same time to the central authority of the requesting party through the central authority of the requesting party.

3. Any request or notification in accordance with paragraph 1 of this Article. 1 and 2 can see through the International Criminal Police Organisation (Interpol).

4. Where a request is made pursuant to paragraph 4 of this Article, 2, and the authority does not have the competence to process the request, it shall refer the request to the competent national authority and inform the requesting party immediately to inform the requesting party that it has done so.

5. Applications or inquiries pursuant to Title 2 of this Chapter, which do not entail coercion measures, may be transmitted directly by the competent authorities of the requesting party to the competent authorities of the requested Party.

6. Draft requests or inquiries pursuant to this chapter may be transmitted directly by the competent authorities of the requesting party to the corresponding authorities of the requested Party, prior to a formal request to ensure that it can be treated ; effectively upon receipt, and that it contains sufficient information and substantiating evidence that it satisfies the requirements of the legislation of the requested Party.

Form and language of the Article 35-Request and language

1. All requests pursuant to this Chapter shall be written. They may be transmitted electronically or with any other form of telecommunications, provided that the requesting party is prepared to submit a written version of the request to the applicant at any time, as well as the original thereof. Any party may at any time be prepared to declare to the Secretary-General of the Council of Europe the conditions which it wishes to make to accept and comply with requests received electronically or with any other means of communication.

2. Without prejudice to the provisions of paragraph 1 of this Article. 3 non-required translations of requests or supporting documents may not be required.

3. Any Party or European Community may, at the time of signing or the deposit of its instrument of ratification, acceptance or accession of the Council of the Council of Europe, may make a declaration on the fact that it reserves the right to require that the requests and documents be addressed to such a request accompanied by a translation into its own language or to one of the official languages of the Council of Europe or one of those languages which the party may or may not ; specify. It may, on this occasion, declare itself prepared to accept translation into any other language which it may indicate. The other parties may apply the reciprocity rule.

Article 36-Legalisation

Documents forwarded in the course of the implementation of this chapter shall be exempt from all regularial formalities.

Article 37-Content of the request

1. Any request for cooperation pursuant to this Chapter shall specify :

a) the authority to correct the request and the authority responsible for the investigation or prosecution ;

b) the purpose and justification of the request ;

c) the facts, including relevant facts (which. the date and place, for example, as well as in the case of the offence), in respect of which the investigation or prosecution is related, except in the case of a notification request ;

d) in so far as cooperation includes forced intervention :

i) the text of the legislation or, where it is not possible, a statement concerning the legal rules applicable, and

(ii) an indication that the requested measure or any other measures that have the same consequent effects may be taken within the territory of the requesting party under its own legislation ;

(e) where it is necessary and to the extent that it is possible :

i) particulars relating to the person or persons concerned, including the name, date of birth and place of birth, nationality and residence, and, where a legal person is concerned, and

(ii) the property of the assets relating to the cooperation, where they are located, their association with the person or persons concerned, any connection to the offence, and any other available information on others ; the rights of individuals over the assets, and

(f) any special procedure requested by the requesting party.

2. A request for interim measures pursuant to Section 3 of the seizure of property which can be made subject to the fulfilment of a court order that consists in a claim to pay a monetary amount, must also : specify the maximum amount to be recovered on the basis of the property of the assets concerned.

3. Except for the one in paragraph. 1 information requested in accordance with Section 4 shall contain any request :

a) in the case of Article 23 (1). 1 (a) :

i) a certified copy of the confiscation request by a court in the territory of the requesting party and a statement on the basis of the decision on the basis of the decision, provided that such reasons are not specified in the actual judgment itself ;

(ii) an attestation from the competent authority of the requesting party that the consignment note may be enforced enforced and cannot be appealed in the usual manner ;

(iii) an indication of the extent to which enforcement is requested by the enforcement of the ruling, and

(iv) information on the need to take interim measures.

b) in the case of Article 13 (1). 1.b, a statement of the facts to which the requesting party invokes and which is sufficient to enable the requested Party to request such a decision, in accordance with its national law ;

c) if a third party has had the opportunity to claim the claim, evidence that this has been the case.

Article 38-Defideful Requests

1. If a request is not in accordance with the provisions of this Chapter, or the information provided is not sufficient to enable the requested party to process the request, this party may request the requesting party to the requesting party. amend the request or supplement it with additional information.

2. The requested party may fix a time limit for receipt of such changes or information.

3. The requested Party may, while awaiting receipt of the required changes or information concerning a request submitted in accordance with Title 4 of this Chapter, any of the measures listed in Title 2 or 3 of this Title shall take any action.

Article 39-Additional requests

1. If the requested Party receives more than one request under Title 3 or 4 of this chapter on the same person or of the same capital, the existence of several requests shall not prevent the requested Party treating these ; requests and, in particular, interim measures.

2. In the event of several requests made pursuant to Title 4 of this chapter, the requested Party shall consider consulting the requesting parties.

Article 40-Pate to give reason

The requested Party shall justify any decision to refuse, suspend or lay down the conditions for cooperation under this chapter.

Article 41-Information

1. The requested party shall forthwith inform the requesting party of :

a) measures taken in accordance with this Chapter pursuant to a request ;

b) the result of the final result of measures implemented on the basis of the request ;

c) a decision to refuse or suspend cooperation under this chapter or in whole or in part, or in part, to lay down the conditions for such cooperation,

d) any circumstance which makes it impossible to implement the requested measure or which may delay it in an essential way ; and

(e) in the case of provisional measures taken pursuant to the provisions of Title 2 or 3 of this Chapter, in accordance with its national legislation, which would automatically result in the cancellation of the provisional ; measure.

2. The requesting party shall forthwith inform the requested Party of :

a) a new ruling, decision or other circumstance, resulting in full or partial termination of the consignment ; and

b) any development of an actual or legal nature resulting from the fact that a measure taken pursuant to this chapter is no longer justified.

3. If a party on the basis of the same confiscation warrant requests confiscation in more than one party's territory, it shall inform all parties concerned by the enforcement of the recognition of the request.

Article 42-Limitations concerning use

1. The requested party may make a request conditional upon the fact that the information obtained or without the prior consent of the requesting party may be used or transferred by the competent authorities of the requesting Party for another investigation ; or prosecuting other than the one listed in the request.

2. Any State or European Community may at the time of signing or the deposit of its instrument of ratification, acceptance, approval or accession by a declaration addressed to the Secretary-General of the Council of Europe shall declare that : any information or evidence obtained pursuant to this Chapter, not without its prior consent, may be used or disclosed by the competent authorities of the requesting party for the purposes of other investigations or prosecutions other than those specified in the said area ; in the request.

Article 43-Confidentiality

1. The requesting party may require the requested Party to deal with the facts and the content of a request confidential, except as to the extent necessary to comply with the request. If the requested Party cannot meet the confidentiality requirement, it shall forthwith inform the requesting party.

2. The requesting party shall, where it is not contrary to the principles of its national law and, where it is requested, shall examine proof and information provided by the requested Party, except as to the extent to which it is ; need to provide information for the purposes of the investigation or prosecution, as described in the request.

3. Any party that has received information submitted spontaneously pursuant to Article 20 shall, subject to the provisions of its own law, comply with any confidentiality requirements which may be raised by the party issuing this information. If the other party is unable to comply with such a requirement, it shall forthwith inform the party sending the information accordingly.

Article 44-Cost

The general cost of complying with a request shall be borne by the requested party. In the event that it requires a cost of significant or exceptional nature to comply with a request, the parties shall consult each other in order to agree to the terms of the application and how the costs are to be borne.

Article 45-Replacement

1. Where a person has raised a case of liability as a result of an act or failure to cooperate in accordance with this Chapter, the interested parties must consider consulting each other for the purpose of which it is appropriate ; to settle the distribution of the compensation which may be paid.

2. A party which has been sued in a replacement case shall seek to inform the other Party of such a trial if this party could have an interest in the case.

Chapter V-Cooperation between FIU ' s

Article 46-Cooperation between FIU ' s

1. The Parties shall ensure that FIUs, as defined in this Convention, shall cooperate with a view to the purposes of the control of the laundering and analysis at the collection and analysis or, where appropriate, within the individual FIU and within their national powers, investigation of relevant information on any relationship that may be a sign of whitewash.

2. For the purposes of paragraph 1, 1 each party shall ensure that the FIU is spontaneously or at a request and either in accordance with this Convention or, according to existing agreements or future agreements, which are compatible with this Convention, all available information shall be exchanged ; they had to be relevant for the processing or analysis of information, or, where appropriate, the investigation from the relevant Financial Transactions in question relating to the laundering and the natural or legal persons involved.

3. Each Party shall ensure that the functions of the FIUs in accordance with this Article shall not be influenced by the internal status they have, regardless of whether they have the status of administrative, law enforcement or judicial authorities.

4. Any request made pursuant to this Article shall be accompanied by a short statement of the relevant information which the requesting FIU is aware of. The FIU shall, in its request, be specified in its request to the manner in which the requested information will be used.

5. Where a request is made in accordance with this Article, the requested FIU shall forward all relevant information, including the financial information available and the requested police data requested, without the need to ; submit a formal legal request in accordance with the applicable conventions or agreements between the Parties.

6. A FIU may refuse to disclose information which might lead to an impediment to an investigation by the requested Party, or in exceptional circumstances where disclosure of the information will appear in the evidencement of a physical condition ; or, in any other way, the legitimate interests of the individual or of the part of the part of the party would be in breach of the basic principles of the national law of the requested Party. Such refusal shall be justified by the request of the FIU which has requested the information.

7. The information or documents collected pursuant to this Article shall be used only for the purposes laid down in paragraph 1. 1. The information supplied by a FIU in another party shall not, without prior consent of the giving transfer of the FIU, shall be disclosed to a third party or is used by the receiving FIU for other purposes other than the purposes of analytical purposes.

8. In the event of the transmission of information or documents pursuant to this Article, the present FIU may lay down restrictions and conditions for the use of the information for purposes other than those referred to in paragraph 1. 7 stated purposes. The receiving FIU must comply with all such limits and conditions.

9. Where a party wishes to use received information or documents in an investigation or prosecuting for the purposes of paragraph 1. The purpose of this Article shall not refuse to grant consent to such use unless it is based on limitations under the national legislation of the FIU or the conditions set out in paragraph 1. 6. Any refusal to grant consent shall be substantiated.

10. FIUs must take all necessary measures, including security measures, to ensure that information transmitted pursuant to this Article cannot be accessed by other authorities, organisations or departments.

11. The information forwarded shall be protected in accordance with the Council of Europe Convention of 28. January, 1981, on the protection of persons with regard to electronic processing of personal data (ETS). 108) and, taking into account the command number, no. R (87) 15 of 15. September 1987, the Council of Europe ' s Committee of Ministers on the use of personal data in the police sector, with at least the same rules on the confidentiality and the protection of personal data, such as the provisions applicable pursuant to the national legislation, which are applicable ; applicable to the requesting FIU.

12. The Submitting FIU may make reasonable reasoned requests for the use of the information supplied and the receiving FIU must, to the extent that it can be done, provide such feedback.

13. The Parties must specify the unit which operates as FIU as described in this Article.

Article 47-Internationally cooperation on exposure to suspicious transactions

1. Any Party shall adopt the legislative or other measures necessary to ensure that a FIU can take action by urgency at the request of a foreign FIU to interrupt or withhold his consent ; for the implementation of a transaction during a period under the same conditions as laid down in the national legislation of the FIU in question on the exposure of transactions.

2. The steps set out in paragraph 1. 1, shall be implemented where the requested FIU considers it sufficiently well, on the basis of evidence of their eligibility from the requesting FIU, that :

a) the transaction is linked to whitewash ; and

b) the transaction would have been suspended, or consenting to the implementation of the transaction would have been detained if the transaction in question had been the subject of a national report on a suspected transaction.

Chapter VI-Monitoring mechanism and resolution of conflicts

Article 48-Monitoring mechanism and resolution of conflicts

1. The Conference of the Parties (COP) must be responsible for the implementation of the Convention. COP :

a) to ensure that the Parties implement the Convention correctly ;

b) shall, at the request of a party, submit an opinion on any question relating to the interpretation and application of the Convention.

2. The COP shall carry out the functions referred to in paragraph 1. 1 (a) of the application of all public summaries from the Select Committee of Experts on the Evaluation of Anti-Money Laundering Measures (Moneyval) (for Moneyval countries) and all public summaries from FATF (for FATF countries), supplemented by periodic questionnaires for self-evaluation, where applicable. The monitoring procedure shall cover only those parts of the Convention that are not covered by other relevant international standards that form the basis for mutual evaluations carried out by FATF and Moneyval.

3. If COP concludes that it needs additional information in order to perform its functions, it shall make contact with the party concerned and, if the COP finds it necessary, during the use of the Moneyval procedure and the mechanism. The party concerned shall then report back to COP. On this basis, COP shall determine whether a more detailed assessment of the conditions of the party concerned is to be carried out. This may, but do not necessarily require a country visit by an evaluation team.

4. If a dispute arises between the parties with regard to the interpretation or application of the Convention, they shall seek the dispute by means of a debate or by means of a different peaceful approach, they may prefer, including submission of the dispute for COP ; or of an arbitrator, the decision of which shall be binding on the parties, or of the International Court of Justice, as agreed between the parties concerned.

5. COP must establish its own rules of procedure.

6. The Secretary-General of the Council of Europe must convene COP to a meeting within one year of the entry into force of this Convention. Subsequently, meetings of COP shall be held regularly in accordance with the rules of procedure adopted by COP.

Chapter VII-Final provisions

Article 49-Signature and entry into force

1. The Convention must be open to the signing of States that are members of the Council of Europe, the European Community, as well as non-Member States that have participated in its preparation. These States or the European Community may express their consent to be bound by :

a) without prejudice in the case of ratification, acceptance or approval ; or

b) sign, subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

2. Ratification, acceptance or approval instruments must 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 expiry of a period of three months after the date on which six signatare, of which at least four are members of the Council of Europe, have expressed their consent to be bound by : the Convention, in accordance with the provisions of paragraph 1. 1.

4. In the case of any signatory which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiry of a period of three months after the date of its declaration ; that it would be bound by the Convention in accordance with the provisions of paragraph 1. 1.

5. No Party to the 1990 Convention may ratify, accept or approve this Convention without regard to being bound by at least the provisions corresponding to the provisions of the 1990 Convention which are binding on this State.

6. With effect from its entry into force, parties to this Convention at the same time shall be Parties to the 1990 Convention :

a) apply the provisions of this Convention to their relations between themselves ;

b) continue to apply the provisions of the 1990 Convention in their relations with other parties to the said Convention, but not in this Convention.

Article 50-Accession of the Convention

1. After the entry into force of this Convention, the Council of Ministers of the Council of Europe may, having consulted the Contracting Parties, invite any State that is not a member of the Council of Europe and which has not participated in its preparation to accede to the Convention by : decisions taken by the majority laid down in Article 20.d of the Statute of the Council of Europe, and with the unanimous approval of the representatives of the Contracting Parties, who are entitled to sit on the committee.

2. In the case of acceding states, the Convention shall enter into force on the first day of the month following the expiry of a period of three months after the deposit of the instrument of accession with the Secretary-General of the Council of Europe.

Article 51-Territorial scope

1. Any State or European Community may, at the time of signing or in the landfill of its instrument of ratification, acceptance, approval or instrument of accession, indicate in the area of which area or areas such as this Convention ; shall apply.

2. Any Party may at a later date on declaration to the Secretary-General of the Council of Europe extend the application of the Convention to any other area specified in the declaration. In the case of such an area, the Convention shall enter into force on the first day of the month following the expiry of a period of three months after the date of receipt of such a declaration by the Secretary-General.

3. Any declaration made in accordance with the above two pieces may, in the case of any area listed in such a declaration, be withdrawn by the notification addressed to the Secretary-General. Withdrawal shall enter into force on the first day of the month following the expiry of a period of three months from the date of receipt of such notification by the Secretary-General.

Article 52-The relationship with other conventions and agreements

1. This Convention shall be without prejudice to rights and obligations for the Parties arising from international, multilateral legal acts relating to special circumstances.

2. The Parties to this Convention may conclude bilateral or multilateral agreements with each other in relation to the matters referred to by this Convention, in order to supplement or strengthen its provisions or to promote the implementation of the provisions of the Agreement ; principles that it contains.

3. If two or more parties have already concluded an agreement or treaty with regard to a question referred to in this Convention, or in any other way, in relation to this issue, they are entitled to : to allow this Agreement or Treaty to apply or to regulate in the same way, instead of this Convention, in the event that it promotes international cooperation.

4. Parties which are members of the European Union shall apply Community and European Union rules to the Community and the European Union, in so far as there are rules within the Community and the European Union, which govers the area in question, and which shall apply to the specific case without having to have adverse effects on the purpose and aim of this Convention and its validity as a whole in relation to other parties.

Article 53-Statements and reservations

1. Any State or European Community may, at the time of signing or the deposit of its instrument of ratification, acceptance, approval or accession, may make one or more of the declarations referred to in Article 3 (1). Article 9 (2). 4, Article 17 (4). 5, Article 24 (2). 3, Article 31 (1). Article 35 (2). Article 42 (3) and Article 42 (3). 2.

2. In addition, any State or European Community may, at the time of signing or the deposit of its instrument of ratification, acceptance, approval or instrument of accession, by a declaration addressed to the Secretary-General reserve the right to be correct ; to, in whole or in part, not apply the provisions of Article 7 (1). Article 9 (c) (c) (c) (c). 6, Article 46 (4). 5, and Article 47.

3. Any State or European Community may, at the time of signing or the deposit of its instrument of ratification, acceptance, approval or instrument of accession, may declare how the intention is to apply Articles 17 and 19 of this Directive ; in particular, in the field of international cooperation in the field of criminal law, in particular in respect of applicable international agreements. The person concerned shall inform the Secretary-General of the Council of Europe of changes to this information.

4. Any State or European Community may, at the time of signing or the deposit of its instrument of ratification, acceptance, approval or accession, may declare :

a) that Article 3 (3) is not applied. 4, in this Convention ; or

b) the only partial application of Article 3 (2) is to be applied. 4, in this Convention ; or

c) the means of applying Article 3 (3). 4, in this Convention.

The person concerned shall be informed of any changes to this information to the Secretary-General of the Council of Europe.

5. There can be no other reservations.

6. Any party that has withdrawn a reservation under this Article can, in whole or in part, withdraw this by notification addressed to the Secretary-General of the Council of Europe. Withdrawal shall enter into force on the date of receipt of such notification by the Secretary-General.

7. However, a party which has taken a reservation in respect of a provision in the Convention may not require another party to bring this provision into force ; however, where its reservations are partially or conditional, it may require that the provision be made in : use to the extent that it itself has accepted it.

Article 54-Changes

1. Amendments to the Convention may be proposed by any party and the Secretary-General of the Council of Europe shall notify the Council of Europe of the Member States of the Council of Europe, the European Community and any non-Member State which has accealed or has been called upon to : accede to this Convention in accordance with the provisions of Article 50.

2. Subway to the European Committee on Crime Problems (CDPC) on any change proposed by a party and that committee shall submit a statement to the Committee of Ministers on the proposed amendment.

3. the ministerial committee shall examine the proposed amendment and the opinion delivered by the CDPC and may adopt the amendment by the majority laid down in Article 20.d of the Statute of the Council of Europe.

4. The text of any alteration adopted by the Council Committee in accordance with the provisions of this Article. 3, shall be forwarded to the Parties for approval.

5. Any change to be adopted in accordance with the provisions of paragraph 1 of this Article. 3, shall enter into force on the thirtive day after all parties have notified the Secretary-General of their approval thereof.

6. Amendments to the updating of categories of criminal offences covered by the Annex, as well as amendment of Article 13, may be proposed by any Party or the Council of Ministers. These must be communicated to the Parties by the Secretary-General of the Council of

7. Following consultations with the Parties not members of the Council of Europe, and if necessary CDPC, the Council of Ministers may adopt a change proposed in accordance with paragraph 1. 6 with the voting majority set out in Article 20 (d) of the Statute of the Council of Europe. The amendment shall enter into force after the end of a period of one year after the date on which it is submitted to the Parties. During this period, any Party may notify the Secretary-General of any objection that the amendment shall enter into force for its person.

8. If a third of the parties notifiates the Secretary-General that they object to the entry into force of the amendment, the amendment should not enter into force.

9. If less than one third of the parties announce that they object, the amendment shall enter into force for those parties which have not objexpressed.

10. When a change has entered into force in accordance with paragraph 1 of this Article. 6 to 9, and a party originally objemitted to this, the amendment must enter into force with regard to this part on the first day of the month following the day on which it has submitted its acceptance to the Secretary-General of the Council of Europe. A party that has objexpressed may withdraw it at any time by notification to the Secretary-General of the Council of Europe.

11. If a change has been adopted by the Council Committee, a State or the European Community may not give consent to be bound by the Convention without, at the same time, accepting the amendment.

Article 55-Termination

1. Any Party may, at any time, terminate upon notification of the Convention on the Secretary-General of the Council of Europe.

2. Such termination shall enter into force on the first day of the month following the expiry of a period of three months after the date of receipt of the notification by the Secretary-General.

3. However, this Convention shall continue to apply to Enforcement Enforcement pursuant to Article 23 of the confiscation requested in accordance with the provisions of the Convention prior to the date of entry into force of the termination.

Article 56-Notifications

The Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe of the Council of Europe, the Member States of the Council of Europe, the non-Member States which have taken part in the preparation of the Convention, any State that has been invited to accede to it, and any other party, which has acceted to the Convention :

a) subdrawing ;

b) the deposit of a instrument of ratification, acceptance, approval or accession instruments ;

c) the date of entry into force of the Convention in accordance with Articles 49 and 50 ;

d) declarations or reservations referred to in Article 53 ; and

(e) any other action, notification or notification of the Convention.

Confirmation of this has been signed by the signatory, duly authorized, to this Convention.

Done at Warszawa, 16. For the Council In May 2005 in English and French, both texts must have the same validity, in a single specimen that is deposited in the archives of the Council of Europe. the Secretary-General of the Council of Europe shall forward to the European Community the refactions thereof to the Member States of the Council of Europe, to the non-Member States involved in the preparation of the Convention and any State which has been called for ; to join it.

Exhibit

a) participation in an organized criminal association and organised monetary blackmail ;

b) terrorism, including the financing of terrorism ;

c) trafficking in human beings and human trafficking ;

d) sexual exploitation, including the sexual exploitation of children ;

(e) illicit trafficking in narcotic drugs and psychotropic armada ;

(f) illegal arms trade ;

g) illicit trafficking in stolen and other values ;

(h) corruption and corruption ;

i) fraud ;

j) counterfeit currency ;

c) product plagiination and piracy ;

I) environmental crimes ;

m) murder and severe body damage ;

n) abduction, illegal detention and hostage-taking ;

o) robbery or theft ;

p) smuggling ;

q) blackmail ;

r) document false ;

(s) piracy ; and

t) insider trading and market manipulation. ` ;

---

Appendix 2

' Appendix 3

Third additional protocol to the European Convention on Extradition

Strasbourg, 10. November 2010

Preamble

Member of the Council of Europe of the Council of Europe signing this Protocol,

whereas the aim of the Council of Europe is to achieve greater unity between its members ;

Whereas there is a desire to strengthen their opportunities for each and every one of them to react to crime ;

refer to the provisions of the European Convention on Extradition (ETS No 24), which was opened for the signature of the Paris of the 13th. In December 1957 (hereinafter referred to as the "Convention") as well as the two additional protocols thereto (ETS No 86 and 98), in Strasbourg, the 15 shall be made respectively. October 1975 and the 17th. March 1978 ;

Whereas it is desirable to supplement the Convention in a number of areas in order to simplify and facilitate the extradition procedure, where the person who is to be extraditing has given consent ;

has agreed to :

Article 1-Pate to hand over after the simplified procedure

The Contracting Parties shall undertake to hand over persons to each other in accordance with the simplified procedure, as determined by this Protocol, where the persons shall be extradited in accordance with Article 1 of the Convention, provided that the persons in question have been made ; consented to this and that it shall be joined by the requested Party.

Article 2-Initiation of the procedure

1. Where the person who is sought extraditing is the subject of a request for interim arrest and imprisonment pursuant to Article 16 of the Convention, for extradition, as specified in Article 1 of this Protocol, no request for extradition shall be submitted, accompanying supporting documents pursuant to Article 12 of the Convention. The following information supplied by the requesting party shall be deemed to have been sufficient for the purpose of applying Articles 3 to 5 of this Protocol and the final decision of this Party for the purpose of the simplified procedure ; procedure :

a) the identity of the requested person, including the nationality or nationality of the person concerned, where this is known ;

b) the authority requesting arrest ;

c) whether there is a warrant or a different document having the same legal effect or an enforceable judgment, and a confirmation that the person is being sought to be extradited under Article 1 of the Convention ;

d) the nature and legal description of the criminal offences, including the straits or the sentenced sentence of the final judgment, including the extent to which a part of the judgment has already been carried out ;

(e) information on deprecation and disruption ;

(f) a description of the circumstances in which the criminal proceedings have been committed, including the time, the place and the degree of delivery of the extradition requested by the person concerned ;

g) in so far as it is possible, the effects of the criminal offences ;

(h) in the case of extradition with a view to the execution of a final judgment, whether the sentence is abated in absentia.

2. Notwithstanding the provisions of paragraph 1 Additional information may be requested if the information referred to in paragraph 1 is to be provided for in the said paragraph. 1 information may not be sufficient to enable the requested Party to take a decision on extradition.

3. In cases where the requested party has received a request for extradition pursuant to Article 12 of the Convention, this Protocol shall apply mutatis mutational use.

Article 3-Pate to inform the person

Where a person requesting extradition is held in accordance with Article 16 of the Convention, the competent authority of the requested Party, in accordance with its own legislation and without undue delay, shall inform the person of the request that is ; tabled concerning him or her, as well as the possibility of applying the simplified extradition procedure under this Protocol.

Article 4-Contuse for extradition

1. The consent of the person who is being sought extradite and, where appropriate, the express waiving of the right to use the speciality rule shall be handed over to the competent judicial authority of the requested Party in accordance with the legislation of the Party concerned.

2. Each party shall take the necessary measures to ensure that the consent and the waiving referred to in paragraph 1 shall be waiving. Paragraph 1 has been provided in such a way that it can be established that the person concerned has given consent and waiving voluntarily and with full awareness of the legal consequences. To this end, the person who is to be extradied shall be entitled to legal assistance. If necessary, the requested party shall ensure that the person being sought is given assistance from an interpreter.

3. Condense and opforego, as referred to in paragraph 1. 1, shall be placed on the record in accordance with the law of the requested Party.

4. Without prejudice to paragraph 1, 5 may be consensationally and, where appropriate, waiving. 1 shall not be revoked.

5. Any State may at the time of signing or deposit of its instrument of ratification, acceptance, approval or instrument of accession may declare that a consent and, where appropriate, renouncing the right to use may be made ; of the specialty rule can be revoked. Consent may be withdrawn until such time as the requested Party takes its final decision on extradition following the simplified procedure. In such cases, no account shall be taken of the period between the consent of the notification and of the withdrawal thereof in the calculation of the provisions of Article 16 (4) of the Convention. 4, set time. A waiver of the right to use of the speciality rule may be withdrawn until such person is handed over. Any withdrawal of a consent to extradition or waiving the use of the speciality rule shall be recorded in accordance with the law of the requested party and shall be immediately notified to the requesting party.

Article 5-Calls for the use of the speciality rule

Each State may at the time of signing or deposit of its instrument of ratification, acceptance, approval or instrument of accession may declare that the rules of Article 14 of the Convention shall not apply, where : the person supplied by the State concerned in accordance with Article 4 of this Protocol :

a) giving consent to extradition ; or

b) consent to extradition and expressly renountions its right to the use of the speciality rule.

Article 6-Underdirections in the case of preliminary arrest

1. In order to enable the requesting party to submit a request for extradition pursuant to Article 12 of the Convention, the requested Party shall send a notification to it as soon as possible and within 10 days of the date on which it is due ; interim arrest has been made as to whether or not the person who requested extradition has given his consent to extradition.

2. In exceptional cases where the requested party decides not to apply the simplified procedure, in spite of the consent of the person being sought, it shall inform the requesting party in such sufficient time that it is possible for : the latter to submit an application for extradition prior to the expiry of the 40-day period laid down in Article 16 of the Convention.

Article 7-Notice of the decision

Where the person who is sought extradition has given his consent to extradition, the requested Party shall notify the requesting party of its decision with regard to extradition following the simplified procedure within 20 days of the day on which they gave ; consent.

Article 8-Communications

In the context of this Protocol, inquiries may be transmitted electronically or in any other way, subject to written documentation, under conditions which enable the parties to establish their authenticity, as well as via the International Criminal Police. Organization (Interpol). In any case, the party concerned shall, at its request, be forwarded to any time or certified copies of the documents at any time.

Article 9-Submission of the person to be delivered

Surrender must be carried out as soon as possible and preferably within 10 days of the notification of the extradition decision.

Article 10-Consent after the expiry of the period referred to in Article 6,

Where the person who is sought extradition has only given his consent after the expiry of the 10-day period laid down in Article 6 (2) of this Protocol. In the case of 1, the requested Party shall apply the simplified procedure as specified in this Protocol if the party concerned has not yet received a request for extradition pursuant to Article 12 of the Convention.

Article 11-Transport

In the case of transit, in accordance with the conditions laid down in Article 21 of the Convention, where a person is to be extradited to the requesting party by the simplified procedure, the following provisions shall apply :

a) the transfer of the transfer shall contain the information required in accordance with Article 2 (2). 1, in this Protocol ;

b) the party requesting the transfer may request additional information provided that the information provided for in (a) is not sufficient to enable the Party concerned to take a decision on the transfer.

Article 12-Relationship to the Convention and other international acts

1. The words and phrased words used in this Protocol shall be interpreted in accordance with the importance of the Convention. With regard to the parties involved in the Protocol, the provisions of the Convention shall apply mutatis muctis, in so far as they are compatible with the provisions of this Protocol.

2. The provisions of this Protocol shall not affect the application of Article 28 (1) of the Convention. 2 and 3, relating to the relationship between the Convention and bilateral or multilateral agreements.

Article 13-Micind solutions

The European Committee on Crime of Europe of the Council of Europe must be kept regularly informed of the application of this Protocol and shall do so in order to facilitate a amicable settlement if there were difficulties arising from the interpretation and application of : Protocol.

Article 14-Signature and entry into force

1. This Protocol must be open to sign for the Member States of the Council of Europe which are parties to the Convention or party to the Convention. It shall be subject to ratification, acceptance or approval. A signatory cannot ratify, accept or approve the protocol, unless it has previously ratified, accepted or approved the Convention, or does so at the same time. Ratification, acceptance or approval instruments must be deposited with the Secretary-General of the Council of Europe.

2. This Protocol shall enter into force on the first day of the month following the expiry of a period of three months after the date of the deposit of the third instrument of ratification, acceptance or approval.

3. In the case of any signatory State which subsequently deposits its instrument of ratification, acceptance or approval, this Protocol shall enter into force on the first day of the month following the expiry of a period of three months after the date of the day of the date of the date of the date on which the date of ratification, the deposit has been deposited.

Article 15-Accession

1. Any non-Member State which has acceding to the Convention may accede to this Protocol after it has entered into force.

2. Such accession must be carried out by the storage of an instrument of accession by the Secretary-General of the Council of Europe.

3. As far as any incoming state is concerned, the Protocol shall enter into force on the first day of the month following the expiry of a period of three months after the date on which the instrument of accession is deposited.

Article 16-Territorial validity

1. Any State may at the time of signing or the deposit of its instrument of ratification, acceptance, approval or accession shall indicate in which area or areas this Protocol shall apply.

2. Any state may, at a later date, by affidavit the Secretary-General of the Council of Europe extend the application of this Protocol to any other area specified in the declaration. In the case of such an area, the Protocol shall enter into force on the first day of the month following the expiry of a period of three months after the date on which the Secretary-General has received the declaration.

3. Any declaration made in accordance with the above two paragraphs may be withdrawn by notification to the Secretary-General of the Council of Europe of any area indicated in such a declaration. The revocation shall enter into force on the first day of the month following the expiry of a period of six months after the date on which the Secretary-General has received the said communication.

Article 17-Statements and reservations

1. Reservations which a State has taken in respect of any provision in the Convention or the two additional protocols thereto shall also apply to this Protocol, unless the State concerned at the time of signing, or at the disposal of its territory, ratification, acceptance, approval or instrument of Accession shall declare other provisions. The same must apply to any declaration made in respect of or pursuant to the provisions of the Convention or the two additional protocols thereto.

2. Any State may, at the time of signing or on the deposit of its instrument of ratification, acceptance, approval or accession, shall declare that it reserves the right to a full or partial non-application of Article 2 (2) of the Protocol. 1. There may be no other qualification.

3. Any State may, at the time of signing or on the deposit of its instrument of ratification, acceptance, approval or instrument of accession, or at any future date, make the statements listed in Article 4 of this Protocol, paragraph 5, and Article 5.

4. Any state may or may withdraw or have a declaration made or made in accordance with this Protocol by a declaration sent to the Secretary General of the Council of Europe, since this declaration must have effect from : the day when it is received.

5. Any party which has taken a reservation on Article 2 (2) of the Protocol. Paragraph 1, in accordance with the provisions of this Article. 2, may not require a different party to apply the particular provision. However, it may require that the provision be used to the extent to which it has accepted it in part or conditional on conditional upon the condition.

Article 18-Termination

1. As far as the party itself is concerned, any Party may terminate this protocol by notification to the Secretary-General of the Council of Europe.

2. Such termination shall enter into force on the first day of the month following the expiry of a period of six months after the day on which the Secretary-General of the Council of Europe has received the communication.

3. Termination for the Convention will result in automatic termination of this protocol.

Article 19-Notifications

The Secretary-General of the Council of Europe must notify the Member States of the Council of Europe of the Council of Europe and any State which acceding to this

a) subdrawing ;

b) the deposit of the instruments of ratification, acceptance, approval or instrument of accession ;

c) the date of entry into force of this Protocol in accordance with Articles 14 and 15 ;

d) any declaration made pursuant to Article 4 (1). Article 5 (5), Article 16 and Article 17 (1). 1, as well as any withdrawal of such a declaration ;

(e) any reservations which are taken in accordance with Article 17 (1). 2, and any withdrawal of such reservations ;

(f) any notification received in accordance with the provisions of Article 18 and the date of entry into force of the termination ;

g) any other action, declaration, notification or communication relating to this Protocol.

To confirm this, the signed duly authorised person shall be signatories to this Protocol.

Done at Strasbourg on 10. In the case of November 2010 in English and French, both texts must have the same validity, in a single copy, to be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall forward reaffirming such parties to each of the Member States of the Council of Europe and to the non-Member States which have acceted to the Convention. ` ;