For The Council Of Europe Convention On Money Laundering And Terrorist Financing Prevention, As Well As The Search, Seizure And Confiscation Of The

Original Language Title: Par Eiropas Padomes konvenciju par noziedzīgi iegūtu līdzekļu legalizācijas un terorisma finansēšanas novēršanu, kā arī šo līdzekļu meklēšanu, izņemšanu un konfiskāciju

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/203016

The Saeima has adopted and the President promulgated the following laws: The Council of Europe Convention on money laundering and terrorist financing prevention, as well as the search, seizure and confiscation of article 1. 16 May 2005 the Council of Europe Convention on money laundering and terrorist financing prevention, as well as the search, seizure and confiscation (hereinafter referred to as the Convention) with this law is accepted and approved.
2. article. In accordance with article 24 of the Convention, the third paragraph shall provide that article 24 of the Convention, the second part is only applicable to the Republic of Latvia in accordance with the constitutional principles and guidelines, the legal system and the Ministry of Foreign Affairs shall notify the Secretary-General of the Council of Europe.
3. article. In accordance with article 31 of the Convention, the second point that in Latvia the official issuance of judicial documents to the Prosecutor the pre-trial criminal procedure is carried out and the case — Ministry of Justice, and Ministry of Foreign Affairs shall notify the Secretary-General of the Council of Europe.
4. article. In accordance with article 33 of the Convention, the second point that the Convention for the international cooperation of the Republic of Latvia, on which the Ministry of Foreign Affairs shall notify the Secretary-General of the Council of Europe are: 1) the national police — to prosecute pre-trial criminal proceedings initiated;
2 — the Prosecutor the pre-trial criminal procedure), up to referral to the Court of Justice;
3) Ministry of justice — proceedings.
5. article. In accordance with article 35 of the Convention, the third paragraph that requests and those attached documents provided a translation into Latvian or English and shall notify the Ministry of Foreign Affairs to the Secretary-General of the Council of Europe.
6. article. In accordance with article 42 of the Convention, the second paragraph, provide that the authorities of the requesting Party of the Republic of Latvia without the prior consent of the institutions not to use or transfer the information or evidence provided to them in such investigations or proceedings other than those referred to in the application, and shall notify the Ministry of Foreign Affairs to the Secretary-General of the Council of Europe.
7. article. The Convention shall enter into force on its article 49 within the prescribed time and manner, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
8. article. The law shall enter into force on the day following its promulgation. With the law put the Convention in English and its translation into Latvian language.
The law adopted in Parliament on 17 December 2009.
President Valdis Zatlers in Riga 2009 g. December 30, Council of Europe Convention on Laundering, Search, and Confiscation of the chicken pox vaccine and Proceed from crime and the Financing of Terrorism on the Warsaw, 16. V. 2005 preamble the member States of the Council of Europe and the other to the Signator heret, Considering that the aim of the Council of Europe is to achieve a greater unity between its members;
Convinced of the need to pursu a common criminal policy aimed at the protection of society;
Considering that the fight against serious crime, which has become an increasingly international problem, calls for the use of modern and effective methods on an international scale;
Believing that one of these methods consist in depriving the criminal of the proceed from crime and instrumentalit;
Considering that for the attainmen of this aim a well‑functioning system of international co-operation also must be established;
Bearing in mind the Council of Europe Convention on Laundering, Search, and Confiscation of the chicken pox vaccine and Proceed from crime (ETS 141 – hereinafter referred them From. as "the 1990 Convention");
Recalling also Resolution 1373 (2001) on threats to international peace and security caused by terrorist acts to be adopted by the Security Council of the United Nations on 28 September 2001, and particularly its paragraph 3 (d) Recalling the International Convention; for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999 and particularly its articles 2 and 4 , which the States parties the possibility to establish the financing of terrorism as a criminal offenc;
Not Convinced of the cessity to take immediate steps to ratify.â and their implementations fully the International Convention for the Suppression of the Financing of Terrorism, cited above, have agreed as follows: Chapter I – use of terms article 1 – use of terms For the purpose of this Convention: (a) "proceed" means any economic advantage derived from or obtained, directly or indirectly, from criminal offenc. It may be consis of any property as defined in sub‑paragraph (b) of this article;
(b) "property" includes property of any description, corporeal or incorporeal, movable whethers or immovabl, and legal documents or instruments evidencing title to or interest in such property;
(c) ' instrumentalit ' means any property used or intended to be used, in any manner, wholly or in part, to commit a criminal or criminal offenc offenc;
(d) "confiscation" means a penalty or a measure, ordered by a court following proceedings in relations to a criminal or criminal of the offenc offenc resulting in the final deprivation of property;
(e) "the predicat offenc" means any criminal offenc as a result of which proceed in were generated that may become the subject of an offenc as defined in article 9 of this Convention.
(f) "financial intelligence unit" (hereinafter referred to as "FI") means a central, national agency responsible for receiving (and, as permitted, requesting), analysing and disseminating to the competent authorities, the disclosure of financial information concerning suspected i proceed and potential financing of terrorism, or (ii) required by national legislation or regulation, in order to combat money laundering and the financing of terrorism;
(g) "freezing" or "means" chicken pox vaccine and prohibiting the transfer OK, destruction, conversion, disposition or movement of property or custody or control of property OK assuming on the basis of an order issued by a court or other competent authority;
(h) "financing of terrorism" means the acts set out in article 2 of the International Convention for the Suppression of the Financing of Terrorism, cited above.
Chapter II – Financing of terrorism article 2 – Application of the Convention to the financing of terrorism Each Party shall adop 1 to such legislative and others measure may not be the axis of the cessary to enable it to apply the provision in Chapter III of the led, IV and V of this Convention to the financing of terrorism.
2 In particular, each Party shall ensur that it is able to search, identify, trace, freeze, seize and confiscat property, of (a) the origin, lici or Illicium used or allocated to be used by any means, in whole or in part, for the financing of terrorism, or the proceed of the offenc by it, and provide co-operation to this end to the exten the wides possible.
Chapter III – of the "to be taken at the national level Section 1 – General provision of article 3 – Confiscation measure 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to enable it to a instrumentalit and confiscat proceed or property the value of which correspond to such proceed and laundered property.
2 Provided that paragraph 1 of this article applies to money laundering and to the categories of the offenc in the appendix to the Convention, each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraph 1 of this article applies (a) only in so far as the offenc is deprivation of liberty or by punishabl (a) detention order for a maximum of more than one year. However, each Party may make a declaration on this provision in respect of the confiscation of the proceed from the tax of the offenc for the sole purpose of being able to proceed, such a confiscat both nationally and through international cooperation, under national and international tax-debt recovery legislation; (b) only and/or to a list of specified offenc.
3 the parties may provide for mandatory confiscation in respect of which the subject of the offenc to the confiscation regime. Parties may in particular include in this provision the offenc money laundering, trafficking of drugs, trafficking in human being and any other serious offenc.
4 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to require that, in respect of a serious or axis of the offenc offenc defined by national law, an offender demonstrates the origin of alleged proceed or other property liabl to the confiscation to the exten that such a requirement is consistent with the principles of its domestic law.
Article 4 – Investigative and provisional measure of Each Party shall adop to such legislative and others measure may not be the axis of the cessary to enable it to identify, trace, freeze or seize rapidly property which is liabl to the confiscation article 3, pursuan in order in particular to facilitat the enforcement of a later confiscation.
Article 5 – Freezing, confiscation and chicken pox vaccine and Each Party shall adop to such legislative and others measure may not be the axis of the cessary to ensur that the measure to freeze, seize and confiscat are also encompass: (a) the property into which the proceed will have been transformed or converted;
(b) property acquired from the source, if legitimat proceed to have been intermingled, in whole or in part, with such property, up to the assessed value of the intermingled proceed;

(c) income or other benefits derived from proceed, from property into which proceed of crime have been transformed or converted or from property with which proceed of crime have been intermingled, up to the assessed value of the intermingled, proceed in the same manner and to the same as exten proceed.
Article 6 – management of frozen or seized property Each Party shall adop a legislative or other such measure may not be the axis of the cessary to ensur proper management of frozen or seized property in accordanc with articles 4 and 5 of this Convention.
Article 7 – Investigative power and techniques Each Party shall adop 1 to such legislative and others measure may not be the axis of the cessary to empower its courts or other competent authorities to order that the bank, financial or commercial records be made available or be seized in order to carry out the actions referred to in articles 3, 4 and 5 shall not (A) Party to declin act under the provision of this article on the ground of bank secrecy.
2 without prejudice to paragraph 1, each Party shall adop to such legislative and others measure may not be the axis of the cessary to enable it to: (a) determin the whethers: a natural or legal person is a holder or beneficial owner of one or more accounts, of whatever nature, in any bank located in its territory and, if so, obtain all of the details of the identified accounts;
(b) obtain the particular of specified bank accounts and of banking operations which have been carried out during a specified period through one or more specified accounts, including the particular of any sending or recipient account;
(c) monitor, during a specified period, the banking operations that are being carried out through one or more identified accounts; and, (d) the bank will ensur that do not to the bank customers disclos concerned or to other third persons that information has been sought or obtained in accordanc with sub-paragraphs (a), (b), or (c), or that an investigation is being carried out.
Parties shall consider extending this provision their accounts held in non-bank financial institutions.
3 Each Party shall consider adopting such legislative and other measure may not be the axis of the cessary to enable it to use special investigative techniques facilitating the identification and tracing of proceed and the gathering of evidence related, such as observation, theret interception of telecommunications, access to computer systems and orders to produce specific documents.
Article 8 – Legal remedies Each Party shall adop to such legislative and others measure may not be the axis of the cessary to ensur that interested parties affected by the measure under articles 3, 4 and 5 and such other provision in this Section with the relevant axis, shall have effective legal remedies in order to preserve their rights.
Article 9 – Laundering of 1 Each Party shall adop offenc to such legislative and others measure may not be the axis of the axle of the offenc cessary establish under its domestic law, when committed intentionally: (a) the conversion or transfer of property, knowing that such property is proceed, for the purpose of concealing or disguising the illicit origin of the property or of assisting any of the person who is involved in the commission of the predicat has offenc to nter the legal consequences of his action;
(b) the concealmen or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is proceed;
and, subject to its constitutional principles and the basic concepts of its legal system;
(c) the acquisition, possession or use of property, knowing, at the time of receipt, that such property was proceed;
(d) participation in, association or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the established of the offenc in accordanc with this article.
2 For the purpose of implementing or applying paragraph 1 of this article: (a) it shall not matter whethers the predicat has offenc was subject to the criminal jurisdiction of the Party;
(b) it may be provided that the set of the offenc forth in that paragraph do not apply to the persons who committed the predicat has offenc;
(c) knowledge, intent or purpose required as an element of an offenc set forth in that paragraph may be inferred from objective, factual circumstanc.
3 Each Party may to adop such legislative and others measure may not be the axis of the axle of the establish an offenc cessary under its domestic law all or some of the acts referred to in paragraph 1 of this article, in either or both of the following cases where the offender (a) suspected that the property was to proceed, b ough have assumed that the property was proceed.
4 Provided that paragraph 1 of this article applies to the categories of the offenc predicat in the appendix to the Convention, each State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraph 1 of this article applies :: a only in so far as the predicat offenc is a deprivation of liberty or punishabl by a detention order for a maximum of more than one year, or for those parties that have a minimum threshold for offenc in their legal system, in so far as the offenc is deprivation of liberty by a punishabl or a detention order for a minimum of more than six months; (b) only and/or to a list of specified the predicat offenc; (c) and/or a category of serious offenc in the national law of the Party.
5 Each Party shall ensur that a prior or simultaneous is convictions for the predicat offenc is not a prerequisite for convictions for money laundering (a).
6 Each Party shall ensur that convictions for money laundering under a this article is possible where it is proved that the property, the object of paragraph (a) or (b) of the 1 article, originated from a predicat offenc, without it the being to establish precisely which offenc cessary not.
7 Each Party shall ensur that the insurance money laundering predicat offenc extend to conduct that occurred in another State, which in the constitut an offenc of a Stata, and which would have constituted a predicat has had it occurred domestically of the offenc. Each Party may provide that the only prerequisite is that the conduct would have constituted a predicat has had it occurred domestically of the offenc.
Article 10 – corporate liability 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to ensur that legal persons can be held liabl for the money laundering criminal offenc of established in accordanc with this Convention, committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person , who has a leading position within the legal person, based on: (a) a power of representation of the legal person; or (b) an authority to take decisions on behalf of the legal person; or (c) an authority to exercise control within the legal person, as well as for involvement of such a natural person as accessory or instigator in the above-mentioned offenc.
2 apart from the cases already provided for in paragraph 1, each Party shall take the measure of the cessary ensur that a legal person can be held in liabl where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of the criminal of the offenc mentioned in paragraph 1 for the benefit of the legal person by a natural person under its authority (a).
3 Liability of a legal person under this article shall not exclude criminal proceedings against natural persons who are the perpetrator, instigator of, or accessories to, the criminal of the offenc mentioned in paragraph 4, Each Party shall 1 ensur that legal persons held liabl in accordanc with this article, shall be subject to effective, proportionat and dissuasiv of the criminal or non-criminal sanctions, including monetary sanctions.
Article 11 – previous Albert Each Party shall adop to such legislative and others measure may not be the axis of the cessary to provide for the possibility of taking into account, when determining the penalty, the final decision against a natural or legal person taken in another Party in the relations of the offenc established in accordanc with this Convention.
Section 2-Financial Intelligence Unit (FIU) and prevention article 12-Financial Intelligence Unit (FIU) 1 Each Party shall adop to such legislative and others measure may not be the axis of the establish an FIU cessary as defined in this Convention.
2 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to ensur that its FIU has access, directly or indirectly, on a timely basis to the financial, administrative and law enforcement information that it requires to function properly it will undertak, including the analysis of the transaction reports suspicio.
Article 13 – money laundering Measure to prevent 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to institute a comprehensive domestic regulatory and supervisory or monitoring regime to prevent money laundering and shall take due account of applicable international standards, including in particular the recommendations adopted by the Financial Action Task Force on Money Laundering (FATF).
2 In that respect, each Party shall, in particular, such adop legislative and others measure may not be the axis of the cessary to: (a) legal and natural persons require which engage in activities which are particularly likely to be used for money laundering purpose, and as far as these activities are concerned, it: (i) identify and verify the identity of their customers and, where applicable , their ultimate beneficial owners, and to conduct ongoing due diligence on the business relationship, while taking into account a risk based approach;
(ii) the report on money laundering suspicion subject to safeguards;

(iii) take a supporting measure, such as record keeping on customer identification and transaction, training of personnel and the establishment of internal policies and procedures, and, if appropriate, adapted to their size and nature of business;
(b) as appropriate, prohibi, the persons referred to in sub-paragraph (a) from disclosing the fact that a transaction report or related to suspicio information has been transmitted or that a money laundering investigation is being or may be carried out;
(c) that the person ensur is referred to in sub-paragraph (a) are subject to effective systems for monitoring, and where applicable supervision, with a view to ensur is their compliance with the requirements to combat money laundering, where appropriate on a risk sensitive basis.
3 In that respect, each Party shall adop a legislative or other such measure may not be the axis of the cessary to detect the significant physical cross borders transportation of cash and bearer negotiable instruments appropriate.
Article 14-Postponemen of domestic transactions of Each Party shall suspicio adop to such legislative and others measure may not be the axis of the cessary to permit urgent action to be taken by the FIU or, as appropriate, by any other competent body, the authorities or when there is a suspicion that a transaction is related to money laundering, to suspend or withhold consent to a transaction going ahead in order to analyse the transaction and confirm the suspicion. Each party may restrict the such a measure to cases where a transaction report for suspicio has been submitted. The maximum duration of any suspension or withholding of consent to a transaction shall be subject to any relevant provision in national law.
Chapter IV – International co-operation Section 1 – principles of international co-operation article 15 – General principles and measure for international co-operation 1 the Parties shall mutually co‑operat with each other to the wides to exten the possible for the purpose of investigations and proceedings aiming at the confiscation of instrumentalit and proceed.
2 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to enable it to comply, under the conditions provided for in this chapter, with requests: (a) for specific items of property confiscation of representing or instrumentalit to proceed, as well as for confiscation of consisting in a requirement to proceed to pay a sum of money to the value of the òàæó proceed;
(b) for the investigative assistance and provisional measure with a view to either form of of confiscation referred to under (a) above.
3 the Investigative assistance and provisional measure sought of in paragraph 2 (b) shall be carried out as permitted by and in accordanc with the internal law of the requested Party. Where the request concerning one of these measure the specifi c to the or to procedures which with formalit not cessary under the law of the requesting Party, even if unfamiliar to the requested Party, the latter shall comply with such requests to the exten the that the action sought is not contrary to the fundamental principles of its law.
4 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to ensur that the requests coming from other parties in order to identify, trace, freeze or seize the proceed and instrumentalit, receive the same priority as those made in the framework of internal procedures.
Section 2 – Investigative assistance article 16 – the Obligation to assist the Parties shall afford each other, upon request, the wides a possible measure of assistance in the identification and tracing of instrumentalit, and others in the property liabl proceed to confiscation. Such assistance shall include any measure providing and securing evidence as to the location or existenc, movement, nature, legal status or the value of the aforementioned property.
Article 17 – requests for information on bank accounts 1 Each Party shall, under the conditions set out in this article, take the measure of it, in not determin cessary answers to a request sent by another Party, a natural or legal person whethers that is the subject of a criminal investigation holds or controls one or more accounts, of whatever nature, in any bank located in its territory and if so, provide the particular of the identified accounts.
2 the obligation set out in this article shall apply only to the exten to that the information is in the possession of the bank keeping the account.
3 In addition to the requirements of article 37, the requesting party shall, in the request: (a) state why it consider that the requested information is likely to be of substantial value for the purpose of the criminal investigation into the offenc;
(b) State on what grounds it's that bank presum in the requested Party hold the account and specify, to the wides to exten the possible, which banks and/or accounts may be involved; and (c) include any additional information available which may facilitat the execution of the request.
4 the requested Party may make the execution of such a request dependan on the same conditions as it applies in respect of requests for search and chicken pox vaccine and.
5 Each State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that this article applies only to the categories of the offenc specified in the list led in the appendix to this Convention.
6 the parties may extend this provision their accounts held in non-bank financial institutions. Such extensions may be made subject to the principle of reciprocity.
Article 18 – requests for information on banking transactions 1 On request by another Party, the requested Party shall provide the particular of specified bank accounts and of banking operations which have been carried out during a specified period through one or more accounts specified in the request, including the particular of any sending or recipient account.
2 the obligation set out in this article shall apply only to the exten to that the information is in the possession of the bank holding the account.
3 In addition to the requirements of article 37, the requesting Party shall in its request indicates a why it consider the requested information relevant for the purpose of the criminal investigation into the offenc.
4 the requested Party may make the execution of such a request dependan on the same conditions as it applies in respect of requests for search and chicken pox vaccine and.
5 the parties may extend this provision their accounts held in non-bank financial institutions. Such extensions may be made subject to the principle of reciprocity.
Article 19 – requests for the monitoring of banking transactions 1 Each Party shall ensur that, at the request of another Party, it is able to monitor, during a specified period, the banking operations that are being carried out through one or more accounts specified in the request and communicate the results thereof to the requesting Party.
2 In addition to the requirements of article 37, the requesting Party shall in its request indicates a why it consider the requested information relevant for the purpose of the criminal investigation into the offenc.
3 the decision shall be taken to monitor in each individual case by the competent authorities of the requested the Party, with due regard for the national law of that Party.
4 the practical details regarding the monitoring shall be agreed between the competent authorities of the requesting and requested Parties to the.
5 the parties may extend this provision their accounts held in non-bank financial institutions.
Article 20 – information without prejudice to Spontaneo to its own investigations or proceedings, a Party may without prior request forward to another Party information on instrumentalit and proceed, when it will consider that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings or might lead to a request by that Party under this chapter.
Section 3 – Provisional measure of article 21 – Obligation to take provisional measure 1 At the request of another Party which has instituted criminal proceedings or proceedings for the purpose of confiscation, a Party shall take the provisional measure, such as cessary freezing or seizing, to prevent any dealing in, transfer or disposal of property which, at a later stage, may be the subject of a request for confiscation or which might be such as to satisfy the request.
2 A Party which has received a request for confiscation pursuan to article 23 shall, if so requested, take the measure of the mentioned in paragraph 1 of this article in respect of any property which is the subject of the request or which might be such as to satisfy the request.
Article 22 – Execution of provisional measure 1 After the execution of the provisional measure requested in conformity with paragraph 1 of the of article 21, the requesting Party shall provide spontaneously and as soon as possible to the requested Party all information which may question or modify the exten of these measure. The requesting Party shall also provide without delay all complementary information requested by the requested Party and which is not cessary for the implementation of and the follow up to the provisional measure.
2 before lifting any provisional measure taken pursuan to this article, the requested Party shall, wherever possible, give the requesting Party an opportunity to present its reasons in favour of continuing the measure.
Section 4 – Confiscation article 23 – Obligation to 1 A Party, confiscat which has received a request made by another Party for confiscation concerning to instrumentalit or proceed, situated in its territory, shall: (a) enforce a confiscation order made by a Court of a requesting Party in relations to such instrumentalit or to proceed; or

(b) submit the request to its competent authorities for the purpose of obtaining the order of confiscation and the United Nations, if such order is granted, enforce it. 2 For the purpose of applying paragraph 1 (b) of this article, any Party shall not have cessary competence whenever it institute proceedings under its own confiscation law.
3 the provision of paragraph 1 of this article shall also apply to confiscation consisting in a requirement to pay a sum of money to the value of the òàæó proceed, if property on which the confiscation can be enforced is located in the requested Party. In such cases, when enforcing confiscation pursuan to paragraph 1, the requested Party shall, if payment is not obtained, realise the claim on any property available for that purpose.
4 If a request for confiscation concerns a specific item of property, the parties may agree that the requested Party may enforce the confiscation in the form of a requirement to pay a sum of money òàæó to the value of the property.
5 the Parties shall co‑operat to the wides to exten the possible under their domestic law with those parties which request the execution of the confiscation of the equivalent measure leading to the deprivation of property, which are not criminal sanctions, in so far as such a measure is ordered by a judicial authority of the requesting Party in relations to a criminal, provided that offenc it has been established that the property or other property of the constitut proceed in the meaning of article 5 of This Convention.
Article 24 – Execution of confiscation 1 the procedures for obtaining and enforcing the confiscation under article 23 shall be governed by the law of the requested Party.
2 the requested Party shall be bound by the finding as to the facts in so far as they are stated in a decision of the judicial convictions or requesting Party or in so far as such convictions or judicial decision is implicitly based on them.
3 Each State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraph 2 of this article applies only subject to its constitutional principles and the basic concepts of its legal system.
4 If the confiscation consist in the requirement to pay a sum of money, the competent authority of the requested Party shall convert the amount thereof into the currency of that Party at the rate of Exchange ruling at the time when the decision to enforce the confiscation is taken.
5 In the case of article 23, paragraph 1 a, the requesting Party alone shall have the right to decide on any application for review of the confiscation order.
Article 25 – Confiscated property 1 Property confiscated by a Party to the articles 23 pursuan and 24 of this Convention, shall be disposed of by that Party in accordanc with its domestic law and administrative procedures.
2 When acting on the request made by another Party in accordanc with articles 23 and 24 of this Convention, the Parties shall, to the exten the permitted by domestic law and if so requested, give priority considerations it returning the confiscated property to the requesting Party so that it can give compensation to the victim of the crime or return such property to their owner legitimat.
3 When acting on the request made by another Party in accordanc with articles 23 and 24 of this Convention, a Party may give special considerations to concluding agreements or arrangements on sharing with other parties, on a regular or case-by-case basis, of such property, in accordanc with its domestic law or administrative procedures.
Article 26 – right of enforcement and maximum amount of confiscation 1 A request for confiscation made under articles 23 and 24 do not affec the right of the requesting Party to enforce itself the confiscation orders.
2 Nothing in this Convention shall be so interpreted as to permit the total value of the confiscation to 12 the amount of the sum of money specified in the confiscation order. If a Party finds that this might occure, the parties concerned shall enter into consultation to avoid such an effect.
Article 27 – Imprisonmen in default the requested Party shall not be in default of the impost imprisonmen or any other measure restricting the liberty of a person as a result of a request under article 23, if the requesting Party has so specified in the request.
Section 5 – Refusal and postponemen of co-operation article 28 – Ground for refusal 1 co-operation under this chapter may be refused if: (a) the action sought would be contrary to the fundamental principles of the legal system of the requested Party; or (b) the execution of the request is likely to prejudice the sovereignty, security, ordre public or other essential interests of the requested Party; or (c) in the opinion of the requested Party, the importanc of the case to which the request does not relate the justify the taking of the action sought; or (d) the offenc to which the request is a programme of the offenc relate, with the exception of the financing of terrorism;
the offenc e to which the request is a g-Funk of the offenc relate, with the exception of the financing of terrorism; or (f) the requested Party consider that compliance with the action sought would be contrary to the principle of "ne bis in idem"; or (g) the offenc to which the request would not be for an offenc relate is under the law of the requested Party if committed within its jurisdiction. However, this ground for refusal applies under Section 2 only the co‑operation in so far as the assistance sought involv's coerciv action. Where dual criminality is required for co-operation under this chapter, that requirement shall be deemed to be satisfied regardless_of of whethers both parties place the offenc is within the same category of the offenc denominat offenc or by the same terminology, provided that both parties criminalis the conduct underlying the offenc.
2 Co-operation under Section 2, in so far as the assistance sought in the action, a coerciv involv and under Section 3 of this chapter may also be refused if the measure could not be sought of the taken under the domestic law of the requested Party for the purpose of investigations or proceedings, had it been a similar domestic case.
3 where the law of the requested Party so requires, co-operation under Section 2, in so far as the assistance sought in the action, a coerciv involv and under Section 3 of this chapter may also be refused if the measure sought or any of the other measure of having similar effects would not be permitted under the law of the requesting Party, or, as regards the competent authorities of the requesting the Party if the request is not authorised by either a judge or another judicial authority, including public prosecutor, any of these authorities acting in criminal affairs. the offenc
4 co-operation under Section 4 of this chapter may also be refused if: (a) under the law of the requested Party confiscation is not provided for in respect of the type of the offenc to which the request relate; or (b) without prejudice to the obligation to their article 23 pursuan, paragraph 3, it would be contrary to the principles of the domestic law of the requested Party concerning the limits of confiscation in respect of the relationship between the United Nations and: (i) an offenc economic advantage that might be qualified as it will proceed; or (ii) property that might be qualified as its instrumentalit; or (c) under the law of the requested Party confiscation may no longer be imposed or enforced because of the lapse of time; or (d) without prejudice to article 23, paragraph 5, the request does not relate to a previous convictions, or a decision of a judicial nature or a statement in such a decision that an offenc or several of the offenc have been committed, on the basis of which the confiscation has been ordered or is sought; or e confiscation is either not enforceabl in the requesting Party, or it is still subject to ordinary means of appeal; or (f) the request relate to a confiscation order resulting from a decision rendered in absentia of the person against whom the order was issued and, in the opinion of the requested Party, the proceedings conducted by the requesting Party leading to such decision did not satisfy the minimum rights of defence recognised as due to everyone against whom a criminal charge is made.
5 For the purpose of paragraph 4.f of this article a decision is not considered to have been rendered in absentia if: (a) it has been confirmed or pronounced after opposition by the person concerned; or (b) it has been rendered on appeal, provided that the appeal was lodged by the person concerned.
6 When considering, for the purpose of paragraph 4.f of this article if the minimum rights of defence have been satisfied, the requested Party shall take into account the fact that the person concerned has deliberately sought the nter justice or the fact that that person, having had the possibility of lodging a legal remedy against the decision made in absentia , elected not to do so. The same will apply when the person concerned, having been duly served with the summon to appear, elected not to do so nor to ask for adjournmen.
7 A Party shall not invoke bank secrecy as a ground to refus any co‑operation under this chapter. Where its domestic law so requires, a Party may require that a request for which the co‑operation would involv lifting of bank secrecy be authorised by either a judge or another judicial authority, including public prosecutor, any of these authorities acting in criminal affairs. the offenc
8 without prejudice to the ground for refusal provided for in paragraph 1 (a) of this article:

(a) the fact that the person under investigation or subjected to a confiscation order by the authorities of the requesting Party is a legal person shall not be invoked by the requested Party as it removes any co‑operation affording United under this chapter;
(b) the fact that the natural person against whom an order of confiscation of proceed of has been issued has died or the fact that a legal person against whom an order of confiscation of proceed of has been issued has subsequently been dissolved shall not be invoked as to render assistance to UN removes in accordanc with article 23, paragraph 1 (a);
(c) the fact that the person under investigation or subjected to a confiscation order by the authorities of the requesting Party is mentioned in the request as the author of both the underlying criminal offenc and of the money laundering of the offenc, in accordanc with article 9.2 (b) of this Convention, shall not be invoked by the requested Party as it removes any co‑operation affording United under this chapter.
Article 29 – Postponemen the requested Party may request postpon action on (a) if such action would prejudice investigations or proceedings by its authorities.
Article 30 – Partial or conditional granting of a request before refusing or postponing co‑operation under this chapter, the requested Party shall, where appropriate after having consulted the requesting Party, consider the whethers may be partially granted request or subject to such conditions as it not cessary deemas.
Section 6 – Notification and protection of third parties ' Rights article 31 – Notification of documents 1 the Parties shall afford each other the wides a measure of mutual assistance in the serving of judicial documents to persons affected by provisional measure and confiscation.
2 Nothing in this article is intended to interfer with: (a) the possibility of sending judicial documents, by postal channels, directly to persons abroad;
(b) the possibility for judicial officers, officials or other competent authorities to be of the Party of origin to effect service of judicial documents directly through the consular authorities of that Party or through judicial officers, officials or other competent authorities to be of the Party of destination, unless the Party of destination makes a declaration to the contrary to the Secretary General of the Council of Europe at the time of signature or when depositing its instrument of ratification acceptance, approval or accession,.
3 When serving judicial documents to persons abroad affected by provisional measure or of confiscation orders issued in the sending Party, this Party shall indicates what legal remedies are available under the law to such persons it.
Article 32 – Recognition of a foreign decision 1 When dealing with a request for the under Section 3 and 4 co‑operation, the requested Party shall recognis any judicial decision taken in the requesting Party regarding rights claimed by third parties.
2 Recognition may be refused if: (a) the third parties did not have the opportunity to be their adequat asser rights; or (b) the decision is incompatibl with a decision already taken in the requested Party on the same matter; or (c) it is incompatibl with the ordre public of the requested Party; or (d) the decision was taken contrary to provision on exclusive jurisdiction provided for by the law of the requested Party.
Section 7 – Procedural and other general rules article 33 – Central authority 1 the Parties shall a central authority or designat, if not, authorities, which shall cessary be responsible for sending and answering requests made under this chapter, the execution of such requests or the transmission of them to the authorities competent for their execution.
2 Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the names and addresses of the authorities designated in the pursuanc of paragraph 1 of this article.
Article 34 – direct communication 1 the central authorities shall communicate directly with one another.
2 In the event of urgency, requests or communications under this chapter may be sent directly by the judicial authorities, including the public prosecutor, of the requesting Party to such authorities of the requested Party. In such cases a copy shall be sent at the same time to the central authority of the requested Party through the central authority of the requesting Party.
3 Any request or communication under paragraphs 1 and 2 of this article may be made through the International Criminal Police Organisation (Interpol).
4 where a request is made to the paragraph 2 of pursuan this article and the authority is not competent to deal with the request, it shall refer the request to the competent national authority and inform directly the requesting Party that it has done so.
5 requests or communications under Section 2 of this chapter, which do not, a coerciv action involv may be directly transmitted by the competent authorities of the requesting Party to the competent authorities of the to of the requested Party.
6 draft requests or communications under this chapter may be sent directly by the judicial authorities of the requesting Party to such authorities of the requested Party prior to a formal request to ensur that it cant be a deal with efficiently upon receipt and contains sufficient information and supporting documentation for it to meet the requirements of the legislation of the requested Party.
Article 35 – Form of request and languages 1 All requests under this chapter shall be made in writing. They may be transmitted electronically, or by any other means of telecommunication, provided that the requesting Party is prepared, upon request, to produce at any time a written record of such communications and the original. However each Party may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, indicates the conditions in which it is ready to accept and execute requests received electronically or by any other means of communication.
2 subject to the provision of paragraph 3 of this article, translations of the requests or supporting documents shall not be required.
3 At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, any State or the European Community may communicate to the Secretary General of the Council of Europe a declaration that it reserve the right to require that requests made to it and documents supporting such requests be accompanied by a translation into its own language or into one of the official languages of the Council of Europe or into such one of these languages as it shall indicates. It may on the occasion of a declare it readiness to accept translations in any other language as it may specify. The other parties may apply the reciprocity rule.
Article 36 – Legalisation Documents transmitted in application of this chapter shall be the main from all legalisation formalit.
Article 37 – the content of the request 1 Any request for co‑operation under this chapter shall specify: (a) the authority making the request and the authority carrying out the investigations or proceedings;
(b) the object of and the reason for the request;
(c) the matters, including the relevant facts (such as date, place and of the offenc circumstanc) to which the investigations or proceedings relate, except in the case of a request for notification;
(d) insofar as the co-operation of the action: (i) coerciv involv the text of the statutory provision or, where this is not possible, a statement of the relevant law applicable; and (ii) an indication that the measure sought or any other measure of having similar effects could be taken in the territory of the requesting Party under its own law;
(e) where and in so far as cessary not possible: (i) details of the person or persons concerned, including name, date and place of birth, nationality and location, and, in the case of a legal person, its seat; and (ii) the property in the relations it is sought, in which co‑operation location, its connection with the person or persons concerned, any connection with the offenc, as well as any available information about other persons, interests in the property; and (f) any particular procedure the requesting Party wishes to be followed.
2 A request for a provisional measure under Section 3 of the chicken pox vaccine and in the relations of property on which a confiscation order consisting in the requirement to pay a sum of money may be realised shall also indicates a maximum amount for which recovery is sought in that property.
3 In addition to the indication is mentioned in paragraph 1, any request under Section 4 shall contain: (a) in the case of article 23, paragraph 1 a i a certified true copy: of the confiscation orders made by the Court in the requesting Party and a statement of the grounds on the basis of which the order was made, if they are not indicated in the order itself;
(ii) an attestation by the competent authority of the requesting Party that the confiscation order is enforceabl and not subject to ordinary means of appeal;
(iii) information as to the exten to which the enforcement of the order is requested; and (iv) information as to the taking of any provisional measure cessity not;
(b) in the case of article 23, paragraph 1 (b), a statement of the facts relied upon by the requesting Party sufficient to enable the requested Party to seek the order under its domestic law;
(c) when third parties have had the opportunity to claim rights, documents demonstrating that this has been the case.
Article 38-Defective 1st If (a) the requests request does not comply with the provision of this chapter or the information supplied is not sufficient to enable the requested Party to deal with the request, that Party may ask the requesting Party to amend the request or to complete it with additional information.

2 the requested Party may set a time‑limi for the receipt of such amendments or information.
3 Pending receipt of the requested amendments or information in relations to a request under Section 4 of this chapter, the requested Party may take any of the measure referred to in the sections 2 or 3 of this chapter.
Article 39 – Plurality of requests where the requested Party 1, receive more than one request under Section 3 or 4 of this chapter in respect of the same person or property, the plurality of requests shall not prevent that Party from dealing with the requests involving the taking of provisional measure.
2 In the case of plurality of requests under Section 4 of this chapter, the requested Party shall consider consulting the requesting parties.
Article 40 – the Obligation to give reasons for the requested Party shall give reasons for any decision the refus, or make conditional any postpon co‑operation under this chapter.
Article 41 – Information 1 the requested Party shall promptly inform the requesting Party of: (a) the action initiated on a request under this chapter;
(b) the final result of the action carried out on the basis of the request;
(c) a decision to refus, postpon or make conditional, in whole or in part, any co‑operation under this chapter;
(d) any of which renders impossible circumstanc the carrying out of the action sought or are likely to delay it significantly; and (e) in the event of provisional measure taken by a request under it pursuan sections 2 or 3 of this chapter, such provision of its domestic law as would automatically lead to the lifting of the provisional measure.
the requesting Party shall promptly 2 shall notify the requested Party of: (a) any review, decision or any other fact by reason of which the confiscation order to be wholly or partially cease enforceabl; and (b) any development, factual or legal, by reason of which any action under this chapter is no longer justified.
3 where a Party, on the basis of the same confiscation orders, requests confiscation in more than one Party, it shall inform all parties which are affected by an enforcement of the order about the request.
Article 42 – Restriction of use 1 the requested Party may make the execution of a request dependent on the condition that the information or evidence obtained will not, without prior consent, it will be used or transmitted by the authorities of the requesting Party for investigations or proceedings other than those specified in the request.
2 Each State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, declare that, without its prior consent, the information or evidence provided by it under this chapter may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.
Article 43 – Confidentiality 1 the requesting Party may require that the requested Party keep confidential the fact and substance of the request, except to the exten the cessary to not execute the request. If the requested Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting Party.
2 the requesting Party shall, if not contrary to the basic principles of its national law and if so requested, keep confidential any evidence and information provided by the requested Party, except to the exten to that its disclosure is not cessary for the investigations or proceedings described in the request.
3 subject to the provision of its domestic law, a Party which has received the information under article 20 spontaneo shall comply with any requirement of confidentiality as required by the Party which supplies the information. If the other Party cannot comply with such requirement, it shall promptly inform the transmitting Party.
Article 44 – the ordinary Costa Costa of complying with a request shall be borne by the requested Party. Where substantial or extraordinary costs of a nature not to comply with a request cessary with, the Parties shall consult in order to agree the conditions on which the request is to be executed and how the costs shall be borne.
Article 45 – Damage 1 When legal action on liability for damage resulting from the Act or omission in the United Nations relations under this chapter the co‑operation has been initiated by a party, the parties concerned shall consider consulting each other, where appropriate, to determin how to apportion any sum of damage du.
2 A Party which has become a subject of a litigation for damage shall endeavour to inform of the other Party of such litigation if that Party might have an interest in the case.
Chapter V – co-operation between FIUs in article 46 – co-operation between FIUs 1 Parties shall ensur that FIUs, as defined in this Convention, shall cooperate for the purpose of combating money laundering, to assemble and analyse, or, if appropriate, the investigat within the FIU relevant information on any fact which might be an indication of money laundering in accordanc with their national power.
2 For the purpose of paragraph 1, each Party shall ensur that FIUs Exchange, spontaneously or on request and either in accordanc with this Convention or in accordanc with existing or future memoranda of understanding compatible with this Convention, any accessible information that may be relevant to the processing or analysis of information or, if appropriate, the investigation by the FIU regarding financial transactions related to money laundering and the natural or legal persons involved.
3 Each Party shall ensur that the performance of the functions of the FIUs under this article shall not be affected by their internal status, regardless_of of whethers ut300r2u administrative, law enforcement or judicial authorities.
4 Each request made under this article shall be accompanied by a brief statement of the relevant facts known to the requesting FIU. The FIU shall specify in the request how the information sought will be used.
5 When a request is made in accordanc with this article, the requested FIU shall provide all relevant information, including accessible financial information and requested law enforcement data, sought in the request, without the need for a formal letter of request under applicable convention or agreements between the parties.
6 An FIU may refus to divulg information which could lead to a criminal investigation of a impairmen being conducted in the requested Party or, in exceptional circumstanc, where divulging the information would be clearly disproportionat to the interests of the natural a legitimat ora legal person or the Party concerned or would otherwise not be in accordanc with fundamental principles of national law of the requested Party. Any such refusal shall be appropriately explained to the FIU requesting the information.
7 Information or documents obtained under this article shall only be used for the purpose of a let down in paragraph 1. Information supplied by a counterpart FIU shall not be disseminated to a third party, nor be used by the receiving FIU for the purpose other than analysis, without prior consent of the supplying FIU.
8 When transmitting information or documents pursuan to this article, the transmitting FIU may impost a restriction and condition on the use of information for the purpose other than those stipulated in paragraph 7. The receiving FIU shall comply with any such restriction and condition.
9 where a Party wishes to use transmitted information or documents for criminal investigations or prosecution for the purpose of paragraph 7, let down in the transmitting FIU may not consent to the refus it such use unless it does so on the basis of restriction under its national law or conditions referred to in paragraph 6. Any refusal to grant consent shall be appropriately explained to.
10 FIUs shall all not cessary undertak measure, including security measure, to ensur that information submitted under this article is not accessible by any other authorities, agencies or departments.
11 the information submitted shall be protected, in conformity with the Council of Europe Convention of 28 January 1981 for the Protection of Individual with regard to Automatic Processing of Personal Data (ETS No. 108) and taking account of the Recommendations of the R (87) 15 of 15 September 1987 of the Committee of Minister of the Council of Europe Regulating the use of Personal data in the police Sector , by at least the same rules of confidentiality and protection of personal data as those that apply under the national legislation applicable to the requesting FIU.
12 the transmitting FIU may make reasonable enquiries as to the use made of the information provided and the receiving FIU shall, whenever practicabl, provide such feedback.
13 the Parties shall indicates the unit which is an FIU within the meaning of this article.
Article 47 – International co-operation for postponemen of Each Party to the transaction 1 suspicio shall adop a legislative or other such measure may not be the axis of the cessary to permit urgent action to be initiated by a FI, at the request of a foreign FIU to suspend or withhold consent, to a transaction going ahead for such period and depending on the same conditions as apply in its domestic law in respect of the postponemen of transactions.
2 the action referred to in paragraph 1 shall be taken where the requested FIU is satisfied, upon justification by the requesting FIU, that: (a) the transaction is related to money laundering; and (b) the transactions would have been suspended, or consent to the transaction going ahead would have been withheld, if the transaction had been the subject of a domestic transaction to report. suspicio
Chapter VI – Monitoring mechanism and settlement of dispute of the article 48 – Monitoring mechanism and settlement of the dispute

1 the Conference of the parties (COP) shall be responsible for following the implementation of the Convention. The COP: (a) shall monitor the proper implementation of the Convention by the parties;
(b) shall, at the request of a Party, express an opinion on any question concerning the interpretation and application of the Convention.
The COP shall carry out the functions under paragraph 1.a above by using any available Select Committee of experts on the Evaluation of Anti-Money Laundering Measure ('s Moneyval) public summaries (for's Moneyval countries) and any available FATF public summaries (for FATF countries), supplemented by periodic self assessment questionnaires, as appropriate. The monitoring procedure will deal with areas covered by this Convention only in respect of those areas which are not covered by other relevant international standard on which mutual evaluation is carried out by the FATF and BYU's Moneyval.
3 If the COP that it requires of conclud further information in the discharge of its functions, it shall liais with the Party concerned, taking advantage, if so required by the COP, of the procedure and mechanism of's Moneyval. The Party concerned shall then report back to the COP. The COP shall on this basis decide or not to carry out whethers a more in-depth assessment of the position of the Party concerned. This may, but need not, cessarily, a country visit involv by an evaluation team.
4 In case of a dispute between parties as to the interpretation or application of the Convention, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the COP, the CAs tribunal whose decision of the United Nations shall be binding upon the parties, or to the International Court of Justice as agreed upon by the parties concerned.
5 the COP shall adop a its own rules of procedure.
6 the Secretary General of the Council of Europe conven the COP shall not later than one year following the entry into force of this Convention. Thereafter, regular meetings of the COP shall be held in accordanc with the rules of procedure adopted by the COP.
Chapter VII – Final Provision article 49 – signature and entry into force 1 the Convention shall be open for signature by the member States of the Council of Europe, the European Community and non‑member States which have participated in its elaborations. Such a State or the European Community may express their consent to be bound by: a signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2 Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
3 this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which a signator, of which 6 at least four by members States of the Council of Europe, have expressed their consent to be bound by the Convention in accordanc with the provision of paragraph 1 In respect of any Signatory 4 which subsequently express their consent to it be bound by it , the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordanc with the provision of paragraph 1.5 from Party to the 1990 Convention may accept, approve or ratify.â this Convention without considering itself bound by the provision of at least òàæó to the provision of the 1990 Convention to which it is bound.
6 As from its entry into force, the parties to this Convention, which shall at the same time parties to the 1990 Convention: (a) shall apply the provision of this Convention in their mutual relationships;
(b) shall continue to apply the provision of the 1990 Convention in their relations with other parties to the said Convention, but not to the present Convention.
Article 50 – Accession to the Convention 1 After the entry into force of this Convention, the Committee of Minister of the Council of Europe, after consulting the parties to the Convention, may invite any State not a member of the Council and not having participated in its elaborations to accede to this Convention, by a decision taken by the majority provided for in article 20 d. of the Statute of the Council of Europe and by the unanimous vote of the representatives of the parties entitled to sit on the Committee.
2 In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.
Article 51 – Territorial application 1 Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which the Convention shall apply.
2 Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of the Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.
3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 52 – Relationship to other convention and agreements 1 this Convention does not affec the rights and undertaking of parties derived from international instruments concerning special matters multilaterals.
2 the parties to this Convention may by bilateral or conclud multilaterals agreements with one another on the matters to deal with in this Convention, for the purpose of supplementing or strengthening its provision or facilitating the application of the principles embodied in it. If two or more parties have already concluded an agreement or treaty in respect of a subject which is deals with in this Convention or otherwise have established their relations in respect of that subject they shall be entitled to apply that agreement or it treaty or of the regulat these relations accordingly, in lieu of the Convention, if it facilitat international co-operation.
4 parties which are members of the European Union shall, in their mutual relations, apply Community and European Union rules in so far as there are Community or European Union rules each of the particular subject concerned and applicable to the specific case, without prejudice to the object and purpose of the present Convention and without prejudice to its full application with other parties. (1) article 53 – declarations and reservations 1 Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, make one or more of the declarations provided for in article 3, paragraph 2, article 9, paragraph 4, article 17, paragraph 5, article 24, paragraph 3, article 31, paragraph 2, article 35 paragraphs 1 and 3, and article 42, paragraph 2.2 Any State or the European Community may also, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General, reserve its right not to apply, in part or in whole, the provision of article 7, paragraph 2, sub-paragraph article 9 c; , paragraph 6; Article 46, paragraph 5; and article 47 3 Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare the manner in which it intends to apply articles 17 and 19 of this Convention, particularly taking into account applicable international agreements in the field of international co-operation in criminal matters. It shall notify any changes in this information to the Secretary General of the Council of Europe.
4 Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare: (a) that it will not apply article 3, paragraph 4 of this Convention; or (b) that it will apply article 3, paragraph 4 of this Convention only partly; or (c) the manner in which it intends to apply article 3, paragraph 4 of this Convention.
It shall notify any changes in this information to the Secretary General of the Council of Europe.
5 other reservation may be made.
6 Any Party which has made a reservation under this article may wholly or partly withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. The withdrawals shall take effect on the date of receipt of such notification by the Secretary General.
7 (A) the Party which has made a reservation in respect of a provision of the Convention may not claim the application of that provision by any other Party; It may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it. Article 54 – Amendments to

1 Amendments to this Convention may be proposed by the Party, and shall be communicated any by the Secretary General of the Council of Europe to the member States of the Council of Europe, the European Community and to every State which has acceded to non‑member or has been invited to accede to this Convention in accordanc with the provision of article 50.2 Any amendment proposed by a Party shall be communicated to the European Committee on crime problems ( CDPC) which shall submit to the Committee of Minister to its opinion on that proposed amendment.
3 the Committee of Minister shall consider in the proposed amendment and the opinion submitted by the CDPC and may the adop amendment by the majority provided for in article 20 d of the Statute of the Council of Europe.
4 the text of any amendment adopted by the Committee of Minister in accordanc with paragraph 3 of this article shall be forwarded to the parties for acceptance.
5 Any amendment adopted in accordanc with paragraph 3 of this article shall come into force on the thirtieth day after all parties have informed the Secretary General of their acceptance thereof.
6 In order to update the categories of the offenc led in the appendix, as well as amend article 13, amendments may be proposed by any Party or by the Committee of Minister. They shall be communicated by the Secretary General of the Council of Europe to the parties.
7 After having consulted the parties which are not members of the Council of Europe and, if not, the CDPC cessary the Committee of Minister may be an adop amendment proposed in accordanc with paragraph 6 by the majority provided for in article 20 d of the Statute of the Council of Europe. The amendment shall enter into force following the expiry of a period of one year after the date on which it has been forwarded to the parties. During this period, any Party may notify the Secretary General of any objection to the entry into force of the amendment in its respect.
8 If one-third of the parties to the Secretary General of the notifu an objection to the entry into force of the amendment, the amendment shall not enter into force.
9 If less than one-third of the parties to an objection, the notifu amendment shall enter into force for those parties which have not notified an objection.
10 once an amendment has entered into force in accordanc with paragraphs 6 to 9 of this article and a Party has notified an objection to it, this amendment shall come into force in respect of the Party concerned on the first day of the month following the date on which it has notified the Secretary General of the Council of Europe of its acceptance. (A) a Party which has made an objection may withdraw it at any time by notifying it to the Secretary General of the Council of Europe.
11 If an amendment has been adopted by the Committee of Minister, a State or the European Community may not express their consent to be bound by the Convention, without accepting at the same time the amendment.
Article 55 – Denunciation 1 Any Party may, at any time, denounc the Convention by means of a notification addressed to the Secretary General of the Council of Europe.
2 Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
3 the present Convention shall, however, continue to apply to the enforcement under article 23 of confiscation for which a request has been made in conformity with the provision of the Convention before the date on which such a denunciation takes effect.
Article 56 – notifications the Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the European Community, the non‑member States which have participated in the elaborations of the Convention, any State invited to accede to it and any other Party to the Convention of: a any signature;
(b) the deposit of any instrument of ratification, acceptance, approval or accession;
(c) any date of entry into force of the Convention in accordanc with articles 49 and 50;
(d) any declaration or reservation made under article 53;
e any other Act, notification or communication relating to the Convention.
In witness whereof the undersigned, being duly authorised, have signed theret this Convention.
Done at Warsaw, this 16th day of May 2005, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe, to the European Community, the non‑member States which have participated in the elaborations of the Convention and to any State invited to accede to it.
Note by the Secretariat: see the Declaration formulated by the European Community and the Member States of the European Union upon the adoption of the Convention by the Committee of Minister of the Council of Europe, on 3 May 2005: "the European Community/European Union and its Member States reaffirm that their objective in requesting the inclusion of a" clause "is the disconnections to take account of the institutional structure of the Union when acceding to international convention for , in particular in case of transfer of sovereign powers from the Member States to the Community. This clause is not aimed at reducing the rights or increasing the obligations of a non-European Union Party vis-à-vis the European Community/European Union and its Member States, inasmuch as the latter are also parties to this Convention. The clause is not the disconnections cessary for those parts of the Convention which fall within the competence of the Community/Union, in order to indicates that European Union Member States cannot invoke and apply the rights and obligations deriving from the Convention is directly among themselves (or between themselves and the European Community/Union). This does not detrac from the fact that the Convention applies fully between the European Community/European Union and its Member States on the one hand, and the other parties to the Convention, on the other; the Community and the European Union members States will be bound by the Convention and will apply it like any Party to the Convention, if not, through Community/Union legislation cessary. They will guarantee to the the full respect of the Convention's provision of vis-à-vis non-European Union parties. "
Appendix a participation in an organised criminal group and racketeering; (b) terrorism, including financing of terrorism; (c) trafficking in human being and migrant smuggling; (d) sexual exploitation, including sexual exploitation of children; the trafficking in illicit narcotics e drugs and psychotropic substances; (f) illicit trafficking in arms; (g) the trafficking in stolen and other illicit goods; (h) corruption and bribery; (I) fraud; (j) counterfeiting currency; counterfeiting and piracy of products (k); l environmental crime; grievo of murder, bodily injury m; n kidnapping, illegal and forthcoming hostag-taking; This robbery or theft; p smuggling; q extortion; r forgery; s piracy; and t insider trading and market manipulation.
 
The Council of Europe Convention on money laundering and terrorist financing prevention, as well as the search, seizure and confiscation of Warsaw, 16 May 2005, the preamble the Member States of the Council of Europe and the other States which have signed this Convention, considering that the aim of the Council of Europe is to achieve greater unity between Member States;
 convinced of the need to implement a common criminal policy aimed at protecting the public;
 considering that the fight against serious crime, which has become a growing international problem, international use of modern and effective methods;
 Recognizing that one of the following methods is to deprive criminals of the proceeds of crime obtained the means and tools;
 considering that this objective must also creates a well-functioning system of international co-operation;
Bearing in mind the Council of Europe Convention on laundering, search, seizure and confiscation (EL no 141 – hereinafter referred to as "the 1990 Convention");
referring to the United Nations Security Council in 2001 adopted on 28 September resolution 1373 (2001) as terrorist acts that threat to international peace and security, in particular those of article 3 (d) of the resolution);
referring to the United Nations General Assembly on 9 December 1999, adopted the International Convention for the Suppression of the financing of terrorism, especially 2 and 4 of this Convention, article which States that Member States shall recognize the financing of terrorism a criminal offence;
 convinced of the urgent need to take measures to ratify and fully implement the International Convention on the fight against the financing of terrorism, have agreed on the following.
Chapter I – use of terms article 1-the term used in this Convention: (a)) with the term "obtained a criminal" understands the economic benefit of any kind directly or indirectly arising or is obtained by a criminal offence. In accordance with point (b) of this article) from criminal features can be any type of property;
(b)) by the term "property" shall mean assets of any kind, including property, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencing title to or interest in such property or other right to it;
(c)) with the term "instrumentalities" means any property which in some way totally or partially used or intended for use to commit a criminal offence or criminal offences;

(d)) with the term "confiscation" means a penalty or measure which, in proceedings relating to criminal offences or criminal offences by the Court and by applying the subtracted property;
(e)) with the term "predicate offence" shall mean any criminal offence committed by a means that has been obtained in accordance with article 9 of this Convention, may be regarded as the subject of the offence;
f) "financial intelligence units" (FIU) is the central public authority, which is responsible for receiving (and to ask, if it is allowed), to analyze, to convey to the competent authorities certain financial information reports) relating to possible criminal obtain means and potential financing of terrorism, and (ii)) which, in accordance with national law is needed to combat criminal money laundering and the financing of terrorism;
g) with the term "freezing" or "withdrawal" shall mean temporarily prohibiting the transfer, destroy, modify, sell or move the property or the property of provisional arrest or the controls carried out on the basis of a warrant issued by a court or other competent authority;
(h)), the term "terrorist financing" means those actions identified in the aforementioned international conventions on the fight against financing of terrorism in article 2.
Chapter II-of the financing of terrorism article 2-application of the Convention concerning the financing of terrorism 1. each Member State shall adopt the laws, regulations and other legislation that may be necessary to enable it to apply this Convention, chapters III, IV and V of the rules on prevention of financing of terrorism.
2. In particular, each Member State shall provide the ability to search for, locate, identify, freeze, seize and remove such legal or illegal origin of property, which in any way totally or partially used or intended to be used to finance terrorism, or features that criminal offences, committed to this, and to this end provides the widest possible collaboration.
Chapter III-measures to be taken at the national level section 1 – General provisions article 3 – confiscation measures 1. each Member State shall adopt the laws, regulations and other legislation that may be necessary to enable it to confiscate instrumentalities and proceeds or property obtained, the value of which corresponds to the following and the proceeds of the property, the value of the legalized.
2. Provided that paragraph 1 of this article shall apply to criminal money laundering and offences specified in the Convention for categories, each Member State shall submit to the European Council a declaration addressed to the Secretary General, at a time when it signed the Convention or deposited its instrument of ratification, acceptance, approval or accession, declare that paragraph 1 of this article shall apply to: (a)) only if the penalty for the offence in determining deprivation of liberty or freedom-limiting feature of the period more than one year. However, any Member State may submit a declaration of this provision for the confiscation of proceeds derived from offences in the area of taxation, in accordance with national and international law in the field of tax debt recovery in the Member State concerned could seize such funds from criminal activities both at the national level, and with the assistance of international cooperation, and/or b) only in respect of offences specified in the list.
3. Member States may provide that the mandatory confiscation shall apply in relation to such offences, subject to confiscation. The purpose of this provision, Member States may specify the particular offences relating to money laundering, drug trafficking, human trafficking, as well as any other serious criminal offences.
4. each Member State shall adopt such legislative and other measures as may be necessary for the offender, as defined in national legislation, had committed a serious criminal offence or offences, subject to possible requested the proceeds of forfeited property or other origin, in so far as this requirement is in line with the local laws.
Article 4-measures of investigation and provisional measures In particular in order to facilitate subsequent confiscation, each Member State shall adopt such legislative and other measures as may be necessary for it to immediately identify, locate, freeze or remove a property that is forfeited in accordance with article 3.
Article 5-the property freezing, seizure and confiscation of any Member State shall adopt such legislative and other measures as may be necessary to ensure that the freezing of property, removal and confiscation measures also apply: (a)) of such property arising by modifying or converting the criminal findings;
(b)) if obtained funds in whole or in part are attached to a legitimate origin of property, to the legitimate origin of the property, does not exceed the calculated added value to the proceeds of crime;
(c)) in the same manner and to the extent as in relation to proceeds of crime, to the income or other benefits that are derived from the proceeds of crime, from property, by transforming or converting the criminal findings or from the property, accompanied by criminal means, obtained, in this case not exceeding the calculated added value to the proceeds of crime.
Article 6-Frozen or removed property management in each of the Member States shall adopt the laws, regulations and other legislation that may be necessary, in accordance with the provisions of this Convention, article 4 and 5 provide a frozen or removed property are properly managed.
Article 7 – investigative powers and techniques 1. each Member State shall adopt such legislative and other measures as may be necessary for the judicial or other competent authorities should be entitled to request the availability of banking, financial and commercial documents or remove them in order to make 3, 4, and 5. the actions specified in article. No Member State may refuse to fulfil the provisions of this article on the basis of banking secrecy.
2. without prejudice to paragraph 1, each Member State shall adopt the laws, regulations and other legislation that may be necessary to enable it to determine whether: (a)) the natural or legal person has one or more of the account holder or beneficiary of real property in a bank located within the territory of the State concerned and, where appropriate, to obtain all the information about the specified accounts;
(b)) to get the details of the specific bank accounts and banking operations, which are carried out within a specified period of time, using one or more of the listed accounts, including information on the consignor or consignee of any account;
(c)) for a certain period to monitor the operations of the bank, which made using one or more of the following accounts, and (d)) to ensure that banks do not open the relevant bank's customers or other third parties, in accordance with (a)), (b) or (c))) is requested or obtained information or that are under investigation.
Member States shall consider the possibility of extending this provision to include the accounts, opened in the non-banking sector financial institutions.
3. each Member State shall consider the possibility of adopting laws, regulations or other measures that may be necessary to enable it to use special investigative techniques, which makes it easier to identify the proceeds of and find, as well as with the following features related to the taking of evidence, for example, observation, interception of telecommunications, access to computer systems and the requirement to issue certain documents.
Article 8 – legal remedies each Member State shall adopt such legislative and other measures as may be necessary to ensure that interested parties affected by the 3, 4, and 5. the measures referred to in article 4 and other relevant provisions of this title is available, effective remedies in order to protect that person's rights.
Article 9-the proceeds of money laundering 1. each Member State shall adopt the laws, regulations and other legislation that may be necessary to determine, in accordance with national legislation, the following intentional conduct is a criminal offence: (a) the conversion or transfer of property), knowing that the property is acquired by criminal means, and in doing so, to default or hide the criminal origins of this property or to help any person that the predicate offence is involved, to avoid the legal consequences of his action;
(b)) knowing that the property is a criminal get features, this property true in nature, source, location, disposition, movement or concealment of facts, omissions, as well as the right of ownership of or omission or concealment related to such property, and in accordance with constitutional principles and the guidelines of the legal system of property acquisition, c) possession or use of, the knowledge that at the time of this property is derived from criminal means;

(d) participation in any) offences referred to in this article or any kind of involvement in crime, collusion or attempts to commit such an offence or līdzzināšan, providing support, help or advice in relation to such offences.
2. in the context of paragraph 1 of this article: (a) the implementation or application of) it is irrelevant whether the predicate offence was criminal jurisdiction of the Member State concerned;
(b)) may be established that the relevant offences specified in paragraph does not apply to those persons who have committed the predicate offence;
(c)) the above required elements of the offence – awareness, intention or purpose, it can be concluded from the lens, the actual circumstances.
3. Any Member State may adopt such laws, regulations and other legislation that may be necessary, in accordance with the national law of certain qualified or all in paragraph 1 of this article, such activities criminal offences in one or both of the following cases: (a) when the offender has been) the suspicion that the property is acquired by criminal means; 
(b)) when the offender ought to have been aware that the property is acquired by criminal means.
4. Provided that paragraph 1 of this article shall apply to the Convention listed in the predicate offence categories, any State or the European Community with the European Declaration addressed to the Secretary General of the Council, when it signed the Convention or deposited its instrument of ratification, acceptance, approval or accession, declare that paragraph 1 of this article shall apply to: (a)) only if the penalty for the offence in determining deprivation of liberty or freedom-limiting feature of the period more than one year; those Member States whose legal system regarding offences is given below, in paragraph 1 of this article shall apply only if the penalty for the offence in determining deprivation of liberty or freedom of the restrictive detention for the time period exceeding at least six months, and/or b) only for the specified predicate offence list and/or c) for particular legislation of the Member State set for heavy crimes.
5. each Member State shall ensure that the prior or simultaneous conviction for the predicate offence is not a prerequisite to the person convicted of the crime of money laundering.
6. each Member State shall ensure that, in accordance with this article, a person can be held guilty of criminal money laundering, if it is proven that this article 1, point a (a)) or (b) the specified property) was acquired by the predicate offence, and in this case, not specifically demonstrated that the crime is linked to the acquisition of such property.
7. each Member State shall ensure that the predicate offences in relation to criminal money laundering shall also apply to the activities carried out in another country, which in this country is regarded as an offence and which should be regarded as predicate offences if they had been made in the first country.  Any Member State as the sole prerequisite can be determined, that the activities in question should be regarded as predicate offences if they had been carried out in the country.
Article 10 – liability of legal persons 1. each Member State shall adopt such legislative and other measures as may be necessary to ensure that legal persons can be held liable for the criminal offences relating to criminal money laundering, which is established in accordance with this Convention and that the benefit of a legal person has done any natural person acting either individually or legal persons, institutions, and conducting this legal person's management responsibilities, on the basis of: (a)) the power of representation of the legal person, or (b)) the authority to take decisions on behalf of the entity in question, or c) powers to take control of the structure of the legal person, as well as the following natural persons as an accomplice or instigator in the above-mentioned offences of involvement.
 2. irrespective of paragraph 1 of the cases referred to in each of the Member States shall take the necessary measures to ensure that legal persons can be held liable if the person referred to in paragraph 1, a person has not taken the monitoring or control and thus the natural person who is a legal person mentioned, there is a possibility referred to in paragraph 1 criminal offences for the benefit of the legal person.
3. for the purposes of this article, in particular the liability of the legal person does not mean that do not allow the opportunity to initiate criminal proceedings against the natural persons who have committed 1. criminal offence referred to in paragraph kūdījuš to the offence, or is involved in such a crime.
4. each Member State shall ensure that legal persons prosecuted in accordance with this article, subject to effective, proportionate and dissuasive criminal or other sanctions, including fines.
Article 11-the previous decisions in each of the Member States shall adopt the laws, regulations and other legislation that may be necessary to ensure that the determination of the fine to take account of the final decisions that another Member State has adopted against the natural or legal persons in relation to the offences established in accordance with this Convention.
section 2-financial intelligence unit (FIU) and prevention article 12-financial intelligence unit (FIU) 1. each Member State shall adopt the laws, regulations and other legislation that may be necessary to create FIVE, as set forth in this Convention.
2. each Member State shall adopt such legislative and other measures as may be necessary to ensure that they directly or indirectly FIVE times is available in the requested financial, administrative and law enforcement information that FIU is required to properly perform its functions, including the analysis of suspicious transaction reports.
Article 13 – Criminal money-laundering prevention measures 1. each Member State shall adopt the laws, regulations and other legislation that may be necessary, to the local level implementation of comprehensive regulatory and supervisory or monitoring regime to prevent criminal money laundering. Each Member State should be duly taken into account the applicable international standards, including in particular the recommendations adopted by the financial action task force on money laundering crime (the FATF).
2. In this regard, each Member State shall in particular adopt such laws, regulations and other legislation that may be necessary: a) so that when natural or legal persons involved in such activities, which will very likely use the criminal money-laundering purposes, these persons in relation to the following obligations: (i)) to identify and acknowledge your customers identity, as well as, if appropriate, specify the final property true beneficiaries and make ongoing due diligence in connection with the business relationship taking into account the risk-based approach;
(ii)), in accordance with security measures to report when the suspected criminal money laundering;
III) take support measures, for example, keep records on customer identification and transaction, perform staff training, to develop internal policies and procedures, where appropriate, adjusting the amount and nature of the operations;
(b)) (a) where appropriate,) designates, forbidden to disclose that you have sent a message about the suspicious transaction or related information or that are conducted or may be investigated in connection with money laundering;
(c)) to ensure (where appropriate on the basis of the degree of risk) that, with respect to a) designates, subject to effective supervision and monitoring systems, where appropriate, with a view to ensuring that they comply with the requirements relating to criminal money laundering.
3. In this regard, each Member State shall adopt the laws, regulations and other legislation that may be necessary to detect cash and negotiable bearer instruments significant physical cross-border transport.
Article 14-suspicious local suspension of business each Member State shall adopt such legislative and other measures as may be necessary for cases where there is suspicion that the transaction is related to money laundering, the FIU or, where appropriate, by any other competent authority or body empowered to act immediately to stop or prevent such transactions to analyze the transaction and confirm these suspicions. Every Member State is entitled to limit these measures, allowing to do so only where the filed report on suspicious transactions. It, for how long may suspend or disallow a transaction shall be determined in accordance with the relevant provisions of national legislation.
Chapter IV-International co-operation section 1 – principles of international cooperation article 15-General international cooperation principles and measures

1. Member States shall cooperate as widely as possible, in order to carry out the investigation and adjudication of cases with a view to confiscating instrumentalities and proceeds derived features.
2. each Member State shall adopt the laws, regulations and other legislation that may be necessary to it in accordance with the conditions laid down in this chapter would respond to the request: (a) the specific confiscated) property unit, which is a criminal get funds or instrumentalities, as well as confiscate criminally obtained funds by requiring payment of an amount of money corresponding to the value of the proceeds;
(b)) to help in the investigation and to take interim measures in respect of any of the above types of seizures.
3. in paragraph 2 (b)) that provide assistance in the investigation and provisional measures in accordance with the request of the requested Member State, internal legislation. If the request is in respect of any of these measures are given in the formalities or procedures necessary in accordance with the request of the requesting Member State, the requested Member State shall comply with these requirements, even if they are not customary, and in so far as this request is not in breach of the law of that Member State.
4. to identify, locate, freeze or seize funds obtained from crime and crime tools, each Member State shall adopt such legislative and other measures as may be necessary to ensure that other Member States requests have the same priority as the requests submitted by the domestic agenda.
Title 2-help the investigation article 16-Obligations to assist, upon request, Member States shall provide each other with broad assistance possible in connection with a crime tool, the proceeds of crime and other forfeited property identification and retrieval. Such assistance is all those measures, which are used to provide and ensure proof of the existence of the said property, location, or move, the way the legal status or value.
Article 17-requests for information on bank accounts 1. in accordance with the conditions of this article, each Member State shall take the necessary measures to ensure that, by following the request of another Member State, determine whether any of the banks that are located in the requested Member State, person or entity in connection with a criminal investigation, which has opened one or more any accounts or they have such an account, and provided accurate information about the specified accounts.
2. the obligation referred to in this article shall apply only where the relevant information is in the possession of the bank that maintains the account.
3. in addition to the requirements of article 37 the applicant shall indicate in the request of a Member State: (a)) why it considers that the information requested could be crucial when doing a criminal investigation in connection with the offence;
(b)) why it considers that the account maintains a bank of the requested Member State, and the widest possible indicating which banks and/or accounts may be involved;
c) all available additional information which could facilitate the execution of the request.
4. the requested Member State in relation to the execution of such a request can be applied to the same conditions that apply to requests in connection with the search and withdrawal of funds.
5. Any State or the European Community with the European Declaration addressed to the Secretary General of the Council, when it signed the Convention or deposited its instrument of ratification, acceptance, approval or accession, declare that this article applies only in respect of an offence specified in the category that the list contained in the annex to the Convention.
6. Member States may extend this provision to include the accounts, opened in the non-banking sector financial institutions. Extending this provision may apply the principle of reciprocity.
Article 18-requests for information on banking transactions 1. Received the request of another Member State, the requested Member State shall provide accurate information about specific bank accounts and banking operations carried out in a given time, using one or more of the accounts specified in the request, including precise information about the sender or the recipient of any account.
2. the obligation referred to in this article shall apply only where the relevant information is in the possession of the bank that maintains the account.
3. in addition to the requirements of article 37 of the requesting Member State shall state in its request, why it considers that the requested information is essential in relation to the criminal investigation of the offence.
4. the requested Member State in relation to the execution of such a request can be applied to the same conditions that apply to requests relating to the proceeds of a search and seizure.
5. Member States may extend this provision to include the accounts, opened in the non-banking sector financial institutions. Extending this provision may apply the principle of reciprocity.
Article 19 – in connection with the monitoring of banking transactions 1. each Member State shall ensure that, at the request of another Member State, it may be a defined period of time to monitor banking operations carried out by using one or more of the accounts specified in the request, as well as announce results of such monitoring to the requesting Member State.
2. in addition to the requirements of article 37 of the requesting Member State shall state in its request, why it considers that the requested information is essential in relation to the criminal investigation of the offence.
3. a decision on the carrying out of such monitoring in each individual case, accepts the request by the competent authorities of the requested Member State in accordance with the legislation of the Member State concerned.
4. the Member State of the requesting and the requested Member State, the competent authorities shall agree on the practical part of such monitoring.
5. Member States may extend this provision to include the accounts, opened in the non-banking sector financial institutions.
Article 20-the provision of information on its own initiative, any Member State, without prejudice to the investigation or proceedings, without prior request, can be sent to another Member State for information on crime and criminal tools to obtain funds, if it considers that the disclosure of such information might assist the receiving Member State to initiate or carry out investigations or proceedings, or that has received such information, the Member State may submit a request under the provisions of this chapter.
section 3 – provisional measures article 21-obligation to take provisional measures 1. On request of the other Member States that have initiated criminal proceedings or proceedings for confiscation, Member State shall take the necessary provisional measures, such as freezing or seizure of property, to prevent any transactions with the said property, disposal or transfer it to another person for this property can later make a confiscation request or if the request for it to be considered reasonable.
2. The Member State responsible in accordance with article 23 has received a request for confiscation, where appropriate, made in paragraph 1 of this article, the measures specified in respect of any property to which the request refers, or who satisfy the necessary requirements to have it confiscated by following such a request.
Article 22 – execution of provisional measures 1. After the execution of provisional measures, which shall be carried out in accordance with article 21, paragraph 1, the Member State of the applicant, on his own initiative as soon as possible to provide the requested Member State with all the information that can in any way affect this action.  The requesting Member State in addition to immediately provide all of the requested Member State shall request the additional information needed to implement the provisional measures and inspections relating to provisional measures.
2. If it is possible to cancel the before interim measures taken in accordance with this article, the requested Member State shall give the applicant Member State an opportunity to provide reasons why such measures should continue.
Title 4 – confiscation article 23-obligation to carry out a seizure 1. a Member State which has received a request from another Member State to seize the tools of crime or criminal means, obtained in its territory: (a) the execution of the request of the applicant) Member State Court ruling to confiscate such crime or criminal findings tools features or (b) submit this request) their national competent authorities in order to obtain a confiscation order and, where appropriate, executed.
2. for the purposes of applying paragraph 1 of this article, (b)), any Member State may, if necessary, have the right to initiate the procedure of confiscation, in accordance with their national law.
3. Paragraph 1 of this article, the rules also apply to the seizure, carried out by the requirement to pay a sum of money corresponding to the value of the proceeds, if the forfeited property is situated in the territory of the Member State of destination. When the seizure shall be carried out in accordance with paragraph 1, the requested Member State, if the amount is not paid, the request shall be implemented, confiscating any valid property for this purpose.

4. If a request for confiscation concerns a specific property unit, the Member States may agree that the requested Member State shall carry out the seizure, requiring to pay a sum of money corresponding to the value of the property.
5. Member States shall, consistent with their domestic laws as possible, cooperate with those Member States which requested the confiscation of the equivalent measures that are taken away through property and which are not criminal sanctions, if these measures are carried out in accordance with the request of the requesting Member State judicial ruling in connection with a criminal offence and it is shown that the property has been acquired by criminal means or other property of the Convention within the meaning of article 5.
Article 24-the making of confiscation 1. Arrangements regarding the confiscation referred to in article 23 of this judgment and the seizure is governed by the requested Member State.
2. the requested Member State is bound by the findings, if they are specified by a Member State of the requesting court judgment or court ruling or if the facts are such that a court judgment or court ruling.
3. Any State or the European Community at the time when they sign this Convention or deposited its instrument of ratification, acceptance, approval or accession, can, by European Declaration addressed to the Secretary General of the Council, declare that paragraph 2 of this article shall only apply in accordance with national constitutional principles and the guidelines of the legal system.
4. If the seizure carried out by applying the requirement to pay a certain sum of money, the competent authority of the Member State of destination will recalculate the amount of the applicant Member State currency exchange rates that is in effect at the time of the decision to implement the forfeiture.
5. In the case referred to in paragraph 1 of article 23 a), only the requesting Member State shall have the right to decide on the application in connection with the review of the confiscation order.
Article 25 – Confiscated property 1. property which is seized of the Member State in accordance with this Convention article 23 and 24, that Member State shall act according to their own legislation and administrative process.
2. Follow the request by another Member State made in accordance with this Convention article 23 and 24, Member States shall in accordance with their legislation, and when prompted, give priority consideration to confiscated property the applicant Member State, so that it can give compensation to the victims of the crime or return seized property to its rightful owners.
3. where a Member State is acting according to the request made by another Member State in accordance with this Convention article 23 and 24, the first of that Member State in accordance with its national legislation or administrative proceedings may in particular consider to conclude agreements or agree with other Member States on the following Division of property using a systematic approach, or deciding on the allocation of such a case.
Article 26-right of enforcement of confiscation and a maximum of 1. confiscation request, expressed in accordance with article 23 and 24 do not affect the right of the applicant Member State to implement the same confiscation order.
2. Nothing in this Convention shall be interpreted as to allow that property seized in total value exceeds the amount of money referred to in the confiscation order. If a Member State considers that this could happen, the Member States concerned shall consult each other in order to prevent such a possibility.
Article 27 – imprisonment in the case of a Member State shall not be subject, in response to the request submitted to it in accordance with article 23, nor may a penalty involving deprivation of liberty or any other punishment that restricts personal freedom, if the requesting Member State has indicated in his request.
Title 5-refusal to cooperate or suspension of co-operation article 28-grounds for refusal 1. the cooperation referred to in this chapter, the Member States may refuse if: (a) the transaction is requested) contrary to the law of the requested State, or (b) of the basic principles of the system) can endanger the execution of the requested Member State sovereignty, security, ordre public or other essential interests, or c) request a beneficiary Member State considers that the case to which the request relates in terms of importance, does not justify the taking of the action sought or d), subject to the request, is financial crime, except where the request relates to the financing of terrorism;
(e)), subject to the request, is a political crime, except where the request relates to the financing of terrorism, or f) the requested Member State considers that execution of the request would be contrary to the principle of ne bis in idem, or g) the request relates to an offence that under the law of the requested Member State does not constitute a criminal offence if it is done under the jurisdiction of the State concerned. However, in accordance with section 2. a Member State may refuse cooperation for this reason only if the requested assistance is related to the application of coercive measures. When specified in this chapter requires mutual cooperation in a criminal record, this request shall be deemed fulfilled irrespective of whether the two Member States the offence included in the same category of offence or for naming and using the same terminology, if both of the Member States of the activities in question should be classified as criminal.
2. the cooperation provided for in title 2 of this chapter, in so far as the assistance sought involves coercive measures, and the application of this chapter in section 3 may be refused even if the measures were in accordance with the law of the requested Member State can make in the context of an investigation or proceeding in a similar case in the requested Member State.
3. Where the requested Member State cooperation under this chapter of title 2, in so far as the assistance sought involves coercive measures, and 3 of this chapter, may be refused even if the measures sought or any other measures having similar effects are not authorized to make the request of the applicant, in accordance with the legislation of the Member State or, in the case of the applicant, the competent authorities of the Member State If a particular request is not sanctioned by the requesting Member State of a judge or another judicial authority, including public prosecutors dealing with criminal offences.
4. section 4 of this chapter cooperation may be refused even if: (a)) in accordance with the law of the requested Member State confiscation of property shall not apply as regards the form of the offence specified in the request;
(b)) without prejudice to paragraph 3 of article 23 obligations, such cooperation would be contrary to the law of the requested Member State of the principles relating to the confiscation of the restrictions, assessing the coherence between the offence and i) the economic benefits that can be classified as criminal means, or (ii) obtained) property which can be classified as criminal tools, or c) in accordance with the law of the requested Member State due to the limitation of the confiscation is not possible anymore to apply or introduce or, d) without prejudice to article 23, paragraph 5 of the request does not relate to a previous conviction or judicial decision, or expressed in such a decision that is made on one or more such offences in connection with which it is issued or is asked to make a confiscation order, or e) confiscation of the applicant Member State is not feasible, or subject to ordinary means of appeal or f) the request relates to a confiscation order adopted on the basis of the decision in absentia in connection with the person to whom this Ordinance applies, and the requested Member State considers that the request of the applicant in the proceedings carried out by the Member State which has taken the decision does not comply with the minimum rights of defence, which is recognized in respect of any person against whom a criminal charge is raised.
5. In connection with paragraph 4 of this article shall not be deemed to have been accepted in absentia if: (a)) it is approved or declared after the person to whom it is addressed, bringing objections, or (b)) it is accepted by the appeal, if the appeal is submitted by the person to whom it is addressed.
6. In connection with paragraph 4 of this article, considering that the minimum rights of defence, the requested Member State shall take into account the fact that the person to whom it is addressed, is deliberately trying to avoid the Court or that the person has had the opportunity to use the legal remedy to challenge a decision taken in absentia, but it is not done. The same rule is also valid in the case where the person concerned has received a summons in time to appear in court, but has not done so, and has requested that the hearing be postponed.
7. a Member State does not refer to banking secrecy, in support of the cooperation referred to in this chapter. Where the legislation of a Member State, the Member State may request that the request for cooperation, according to which bank secrecy should be discovered, it would be sanctioned by a judge or another judicial authority, including public prosecutors dealing with criminal offences.
8. Without prejudice to paragraph 1 of this article, (a)) the reasons for any refusal specified:

(a)), the requested Member State may refuse to implement the cooperation provided for in this chapter, an obstacle to the indication of that investigation or request the authorities of the requesting Member State of a confiscation order shall apply to legal persons;
(b)) that an individual covered by the proceeds issued a confiscation order, that died or the legal person governed by the proceeds issued a confiscation order, has been eliminated, can point to an obstacle that prevents the give the article 23 paragraph 1 referred to in point (a));
(c) the Member State receiving the request) as a barrier to the cooperation provided for in this chapter may not specify that the investigation or a Member State of the requesting authorities ' confiscation order in accordance with article 9 of this Convention, paragraph 2 (b)) shall apply to the person who is specified in the request as the guilty and in connection with the basic criminal offence and criminal money laundering.
Article 29-the postponement the requested Member State may postpone the execution of a request if such action would prejudice the investigation by the authorities or legal proceedings.
Article 30-a partial Request execution or execution provided Before renouncing the cooperation provided for in this chapter or to postpone, the requested Member State shall consider, if appropriate in consultation with the requesting Member State, or you can complete the request in part, or under such conditions as it deems necessary.
Title 6-notices and third party rights article 31-service of documents 1. Member States shall provide each other with the broadest possible mutual assistance in service of judicial documents on persons against whom provisional measures are taken and confiscation.
2. None of the provisions of this article may not be used to prevent: (a) be sent directly to) the possibility of judicial documents by post to persons abroad;
(b) the Member State of origin) the judicial officers, officials or other competent authorities to deliver court documents to the consular authorities of that Member State or the Member State judicial officers, officials or other competent authorities, unless the Member State of destination when it signed the Convention or deposited its instrument of ratification, acceptance, approval or accession with the Secretary-General of the Council of Europe, submitted a declaration to the contrary.
3. Issuance of judicial documents to persons abroad, and against which the application of interim measures or confiscation order issued in the Member State of dispatch, the Member State shall determine what remedies are available to those persons in accordance with the legislation of the Member State concerned.
Article 32-the recognition of a foreign decision 1. cooperation request in accordance with section 3 and 4, the requested Member State shall recognise any judicial decision taken in the applicant Member State and relating to third party lūgtaj.
2. a Member State may refuse to recognise the foreign judgment if: (a)) have not been to third parties an adequate opportunity to defend their rights, or (b)) the ruling is not compatible with the decision that the same case is already taken in the requested Member State, or c) this decision is not compatible with the requested Member State, public order, or d) ruling is contrary to the law of the requested Member State exclusive jurisdiction laid down in the rules.
7. section-procedural and other general rules article 33 – Central Authority 1. Member States shall designate one or more if necessary, central authorities, which are responsible for the request provided for in this chapter and those responding to this request or transferring it to the authorities which are competent to execute them.
2. Each Member State when it signed the Convention or deposited its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe in accordance with paragraph 1 of this article, the designated authorities of the name and address.
Article 34-the direct communication 1. Central authorities communicate directly.
2. In case of urgency, requests and notices given under this chapter, a Member State of the requesting judicial authority, including public prosecutors, you can directly send a requested Member State to the relevant authorities. In such cases, the Member State of the requesting central authority a copy of the relevant documents at the same time, send a requested Member State to the central authority.
3. All requests or notifications referred to in paragraph 1 and paragraph 2 may provide the International Criminal Police Organization (Interpol).
4. Where, in accordance with paragraph 2 of this article the request is made and the authority is not competent to examine it, so this request shall be submitted to the competent national authority and shall forthwith notify the requesting Member State.
5. requests and notifications referred to in section 2 of this chapter and which do not provide for the application of coercive measures in the applicant Member State, the competent authorities may directly transfer the requested Member State to the competent authorities.
6. a request or notification, provided in accordance with this chapter, a Member State of the requesting judicial authority before the formal request, you can directly send a requested Member State to the relevant authorities to ensure that such requests are possible after receiving them efficiently execute and that they include sufficient information and supporting documents to the request submitted to comply with the law of the requested Member State.
Article 35-Request form and language 1. all requests referred to in this chapter shall be made in writing. It can be transmitted electronically or by any other telecommunication means, if the requesting Member State upon request is ready at any time to provide written documentation of such a communication, as well as the original request. However, any Member State shall be submitted to the European Council a declaration addressed to the Secretary General, at any time, you can determine under which conditions it is willing to accept and execute requests that are sent electronically or by any other telecommunication means.
2. in accordance with paragraph 3 of this article the request and supporting documents need not be translated.
3. Any State or the European Community at the time when they sign this Convention or deposited its instrument of ratification, acceptance, approval or accession, can be sent to the Secretary-General of the Council of Europe a declaration which declares that it reserves the right to request that the request addressed to it and this request supporting documents be accompanied by a translation in the official language or one of the official languages of the Council of Europe, or any other language, it will indicate. In such a case, the requested State may declare that it is ready to accept translations in any other language specified in them. Other Member States may apply the law of reciprocity.
Article 36-the legalization of documents transferred in accordance with this chapter, legalisation formalities.
Article 37-the content of the Request 1. any request for cooperation under this chapter shall specify: (a) the applicant authority) and the authority conducting the investigation or proceedings;
(b) the purpose of the request and reason);
(c)), including the relevant facts (such as the date, location and circumstances), the subject of an investigation or proceeding, except when the request is sent to request notification;
(d)) if the cooperation is related to the application of coercive measures: (i) the text of the rules of law) or, if this is not possible, the applicable legislation;
(ii) an indication that the requested) measures or any other measures having similar effects, in accordance with the request of the requesting Member State to allow the national territory;
(e)) and then, if necessary, if it's possible: i) precise information about the person or persons concerned, including name and surname, date and place of birth, nationality and location, as well as the location of its headquarters, where the request relates to a legal person;
(ii) any property covered), to the request for cooperation, the location of this property, its relationship with the person or persons concerned, any news on this property is connected to the offence, as well as any available information about other persons ' rights to this property;
f) any particular procedure to be followed in accordance with the requesting Member State.
2. The request for provisional measures, in accordance with section 3 in relation to removal of property which can be applied to a confiscation order, demanding to pay a certain sum of money, be also the maximum amount of money, which is expected to recover, confiscating the property.
3. in addition to the indications referred to in paragraph 1, any request under section 4: (a) be included in the article) 23 (a) in the case of subparagraph (i))) Member State of the requesting court issued a certified copy of the confiscation order and statement of reasons, which is the basis of this order, if the reasons are not listed in the order;
II) requesting the competent authorities of the Member State certifying that the confiscation order is enforceable and not subject to ordinary means of appeal;

III) information on the extent to which the confiscation order is to be executed;
IV) information about the necessity of taking any provisional measures;
(b)) of article 23 paragraph 1 point b) in the case of the statement of facts on which the applicant relied and which the Member States are sufficient to the requested Member State in accordance with its legislation would order the seizure;
c) when third parties have had the opportunity to ask for their rights-the document that proves that the third parties really have had this possibility.
Article 38-incomplete requests 1. If the request does not comply with the provisions of this chapter, or if the information provided is not sufficient to enable the requested State to fulfil the request, the Member State may ask the requesting Member State to make the request for amendments or add to the request to include additional information.
2. the requested Member State may provide that the time limit for submitting the amendments or information.
3. To request the amendments or to receive the information in respect of the request, submitted in accordance with section 4 of this chapter, the requested Member State may take any of these chapters 2 and 3 measures specified in section.
Article 39-several requests 1. If the requested Member State in accordance with this chapter of title 3 and 4 receiving multiple requests for the same person or property, the amount of the request the Member State concerned does not prevent to consider requests relating to interim measures.
2. If a Member State in accordance with section 4 of this chapter receives more requests, considering it to consult with the requesting Member States.
Article 40 – obligation to state the reasons for the requested Member State shall justify any decision relating to the cooperation provided for in this chapter, the suspension or restriction.
Article 41-1 of the Information the requested Member State shall immediately inform the requesting Member State: (a)) for the transaction that is initiated by a request made in accordance with this chapter;
(b)) about what is the end result of the action taken on the basis of the request;
(c)) of the decision totally or partially refuse, suspend or limit the cooperation under this chapter;
(d)) of any circumstances which it is not possible to execute the request or such request may significantly delayed;
e) if interim measures are carried out in accordance with the request pursuant to this chapter, section 2 and 3, the requested Member State's legislation, which would automatically be repealed some of the temporary measures.
2. The requesting Member State shall immediately inform the requested Member State: (a)) of any review, decision or any other fact which the confiscation order completely or partially no longer be executed;
(b) the actual or legal) for all changes, which is no longer justified to take any of the actions provided for in this chapter.
3. where a Member State is requested to perform the seizure of several countries on the basis of the same confiscation order, it shall inform the concerned Member States shall request all those covered by the said order.
Article 42-use limitation 1. the requested Member State to the execution of the request may be subject to the condition that the Member State of the applicant authority the information obtained or evidence requested without prior agreement will not use or share, to perform such investigations or proceedings other than those referred to in the request.
2. Any State or the European Community when signing the Convention or deposited its instrument of ratification, acceptance, approval or accession, with the European Council Declaration addressed to the Secretary General may declare that the information or evidence that the requested State under this chapter, a Member State of the applicant authority, the requested State without the prior agreement not to use or transfer to perform such investigations or proceedings that is not specified in the request.
Article 43-privacy 1. The requesting Member State may require that the requested State the facts referred to in the request and its contents remain confidential, except only the amount of information that is required to fulfill the request. The requested Member State shall immediately inform the requesting Member State if it cannot comply with this requirement of confidentiality.
2. The requesting Member State if it is not contrary to the fundamental principles of national law and if it is expressed in such a claim, keep secret all the requested evidence provided by the Member States and information other than just the amount of information that is required in the investigation request or for the purposes of the proceedings.
3. In accordance with their national law, a Member State which other Member States on their own initiative, provide the information in accordance with article 20, follow all privacy requirements, which stipulate that the Member State providing the information.  If the other Member State cannot meet these requirements, it shall immediately notify the Member State that provided the information.
Article 44-costs normal costs that arise in connection with the execution of a request shall be borne by the requested Member State. If the execution of the request requires significant or unusually large costs, Member States shall consult each other to agree on the conditions of execution of the request and the related costs.
Article 45-damages 1. If a person is brought for the reimbursement of a loss resulting from an act or omission relating to cooperation between Member States in accordance with this chapter, the Member States consider appropriate, to consult each other to determine how to divide up the quantum of damages to cover the necessary amount of money.
2. the Member State against which the proposed lawsuit for damages, seek for this lawsuit to inform the other Member States, provided that the other Member States about the lawsuit might be interested.
Chapter v-cooperation between financial intelligence units article 46-cooperation between financial intelligence units 1. Member States shall ensure that the financial intelligence unit as defined in this Convention, in accordance with their national powers in order to combat criminal money laundering shall cooperate to collect and analyze the case FIVE or investigate any relevant information about the fact that you can specify to criminal money laundering.
2. In relation to paragraph 1, each Member State shall ensure that the financial intelligence unit, on its own initiative or at the request of either, in accordance with this Convention or of the existing or future memoranda of understanding, which is compatible with this Convention, make the exchange of available information, which may be important in processing or analysis of information process or, where appropriate, research carried out by the FIU regarding financial transactions relating to criminal money laundering and the natural or legal persons involved.
3. each Member State shall ensure that the financial intelligence unit functions in accordance with this article shall not affect the status of the State concerned, irrespective of whether these units are administrative, law enforcement or judicial authorities.
4. Each request made pursuant to this article shall be accompanied by a brief statement indicating the applicant FIU to communicate relevant facts. The FIVE points in the request, as the information requested will be used.
5. If the request is submitted in accordance with this article, the requested FIU shall provide all relevant information, including available financial information and requested law enforcement data, the subject of the request, without the need to send a formal request letter under applicable conventions or agreements between the Member States concerned.
6. The FIU may refuse to divulge information, the disclosure of which may interfere with the requested Member State to carry out criminal investigations, or in exceptional cases, to refuse to disclose information, when the disclosure did not clearly consistent with the Member State concerned or the natural or legal persons concerned the legitimate interests or otherwise does not comply with the request of the requested Member State, the basic principles of the legislation. Any such refusal to properly explain it FIVE, asking for relevant information.
7. Information and documents obtained in accordance with this article shall be used only for the purposes specified in paragraph 1. The other FIVE provide information not be disseminated to third parties, in addition, requested FIVE it is only used for analysis; to use that information for other purposes, the information is required in FIVE prior consent.
8. sending information or documents pursuant to this article, sending FIVE can set limits and conditions relating to the use of the information for purposes not specified in paragraph 7. The receiving FIU shall comply with any such restrictions and conditions.

9. If a Member State wishes to use the information or documents in order to carry out criminal investigations or prosecutions for the purpose specified in paragraph 7, the information transmitting FIU may not prevent the use of the information for the following purposes, except where such refusal is possible on the basis of the FIVE national legal restrictions or conditions specified in point 6. Any such refusal to properly explain.
10. the financial intelligence unit shall take all necessary measures, including security measures, to ensure that the information provided in accordance with this article, is not accessible by any other authorities, agencies or departments.
11. The information presented is protected under the Council of Europe of 28 January 1981 for the protection of the individual Convention with regard to the automatic processing of personal data (ETS No. 108), as well as taking into account the Council of Europe Committee of Ministers on 15 September 1987 the recommendation No R (87) 15 regulating the use of personal data by the police, at least the same privacy and personal data protection rules, which are applied in accordance with the information of the applicant FIU to national law.
12. Information providers can submit five reasonable requests regarding the use of the information provided and requested the FIVE relevant information providing feedback, if possible.
13. Member States shall indicate the unit which is an FIU within the meaning of this article.
Article 47-international cooperation in connection with the suspicious transaction suspension 1. each Member State shall adopt the laws, regulations and other legislation that may be necessary, to the national FIU by the foreign FIU request can immediately take action and to suspend or disallow a transaction for the same time period and applying the same conditions in connection with the suspension of transactions in accordance with applicable national law.
2. in paragraph 1, the following procedure if the applicant FIU sufficiently justified for FIVE requested that: (a)) the transaction is linked to money laundering and (b)) the transaction in question should stay, or prevent, if it falls within a domestic report on suspicious transactions.
Chapter VI – Monitoring mechanism and settlement of disputes article 48 – Monitoring mechanism and settlement of disputes 1. Conference the Member States (DK) has a duty to monitor the implementation of the Convention. DK: (a) monitor, or Member States) to properly implement the Convention;
(b) received a request from a Member State), express their views on any matter relating to the interpretation and application of the Convention.
2. DK perform this article 1, point a (a)) the functions assigned, using all available Criminal money-laundering prevention measures for the evaluation committees of experts ('s Moneyval) public accounts (for's Moneyval countries) and all available financial action task force (FATF) public accounts (for FATF countries), where appropriate, periodically preparing the self-evaluation questionnaire also.  Surveillance procedures apply only to those areas covered by the Convention and not covered in the other relevant international standards, in connection with which the FATF conducts mutual evaluations and's Moneyval.
3. If the DK concludes that it needs additional information in order to fulfil its functions, it shall cooperate with the Member State concerned, using if DK so decide, the procedure's Moneyval and mechanism. The Member State concerned after the DK.  On this basis, the DK decides whether the Member State concerned to carry out an in-depth assessment of the situation.  In connection with this assessment, the assessment team to visit the country, but this is optional.
4. If a dispute arises between Member States regarding the interpretation or application of the Convention, the Member States concerned in accordance with the mutual agreement of those trying to solve the dispute through negotiations, or through other same selected for peaceful dispute resolution means, including putting this dispute to the arbitration of the DK, whose decisions are binding on the Member States concerned, or to the International Court of Justice.
5. DK shall adopt its rules of procedure.
6. The Secretary-General of the Council of Europe shall convene the DK no later than one year after the date of entry into force of this Convention. Then, in accordance with the rules of procedure adopted by the DK periodic DK meetings.
Chapter VII – final provisions article 49 – signature and entry into force 1 this Convention shall be open for signature by Member States of the Council of Europe Member States of the European Community and the third countries that have participated in the elaboration of this Convention. These countries or the European Community may recognize this Convention: (a) binding) confirming it with a signature without reservation as to ratification, acceptance or approval;
(b) approve the signature), with reservation as to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2. The instruments of ratification, acceptance or approval shall 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 starts when the eighth in three months from the date on which six signatories, of which at least four are members of the Council of Europe, the Convention is recognized as binding in accordance with the provisions of paragraph 1.
4. For any other signatory States, which further recognizes the Convention as binding, it shall enter into force on the first day of the month starts when the eighth in three months from the date on which the said Convention signatories about the binding in accordance with the provisions of paragraph 1.
5. no member of the 1990 Convention may not ratify, accept or approve the Convention, if it does not recognize that it is bound by the provisions of this Convention, at least the ones that correspond to those of 1990, the provisions of the Convention, which it is bound.
6. From the date of entry into force of this Convention, Member States which, at the same time, is the 1990 Convention: a) apply the provisions of this Convention in their mutual relations;
(b)), continue to apply the provisions of the Convention of 1990 as the 1990 Convention with those of the Member States which are not Member States of this Convention.
Article 50 – accession to the Convention 1. After this Convention has entered into force, the Committee of Ministers of the Council of Europe, after consulting the Member States of the Convention, with the decision taken by the Council of Europe Statute, article 20) provided for in paragraph (d) of the majority and vote unanimously by the representatives of the Member States, which are entitled to participate in the Committee of Ministers may be invited to accede to this Convention any non-Member State of the Council of Europe and have not participated in the elaboration of this Convention.
2. any State acceding to the Convention, the Convention shall enter into force on the first day of the month starts when the eighth in three months from the date on which the Secretary-General of the Council of Europe instrument of accession is deposited.
Article 51 – territorial application 1 any State or the European Community at the time of signing this Convention or by the deposit of instruments of ratification, acceptance, approval or accession, may specify the territory or territories to which this Convention shall apply.
2. any Member State, by the Secretary-General of the Council of Europe a declaration addressed, can later extend this Convention, by extending it to other areas specified in the Declaration. Such sites, the Convention shall enter into force on the first day of the month starts when the eighth in three months from the date on which the Secretary-General received the said Declaration.
3. Submitting a notification addressed to the Secretary-General, Member States may at any time withdraw any under the previous two points, submit a declaration relating to the designated areas. Withdrawal shall take effect on the first day of the month starts when the eighth in three months from the date on which the Secretary-General has received the communication.
52. Article-relationship to other conventions and agreements 1. This Convention shall not affect the rights and obligations of States parties deriving from international multilateral instruments concerning special matters. 
2. these States parties with one another may conclude bilateral or multilateral agreements relating to the issues in this Convention, to complement or enhance the provisions of this Convention or to facilitate the application of the principles contained therein.
3. If two or more Member States, in connection with any matter dealt with in this Convention have already concluded an agreement or treaty, or otherwise approved by your relationship with regard to this question, they are entitled to apply the Convention site that agreement or treaty or to regulate their relationship, where it promotes international cooperation.
4. the States parties which are Member States of the European Union, in relations between the European Community and European Union rules, if the European Community or European Union rules on specific issues and are applicable in relation to that case, without prejudice to the objectives and purposes of this Convention and the possibility to fully apply this Convention in its relations with the other parties to the Convention. 1) article 53 – declarations and reservations

1. Any State or the European Community when signing the Convention or deposited its instrument of ratification, acceptance, approval or accession, may submit one or more of the article 3, paragraph 2 of article 9, paragraph 4, article 17, paragraph 5 of article 24, paragraph 3, article 31, paragraph 2 of article 35, paragraph 1 and 3, as well as paragraph 2 of article 42 in the declarations.
2. Any State or the European Community when signing the Convention or deposited its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General, you can also retain the right to totally or partially not to apply article 7 paragraph 2 (c)), paragraph 6 of article 9, paragraph 5 of article 46 and article 47.
3. Any State or the European Community when signing the Convention or deposited its instrument of ratification, acceptance, approval or accession, declare that it intends to apply this Convention 17 and 19, in particular taking into account the applicable international instruments concerning international cooperation in criminal matters. Countries to the Secretary-General of the Council of Europe shall notify any changes relating to this information.
4. Any State or the European Community when signing the Convention or deposited its instrument of ratification, acceptance, approval or accession, declare that it will not apply to: (a)) of this Convention article 3, paragraph 4 (b)) or that of article 3 of the Convention paragraph 4 will apply in part, or (c)) as it intends to apply this Convention, article 3, paragraph 4.
Countries to the Secretary-General of the Council of Europe shall notify any changes relating to this information.
5. other reservations are not possible.
6. Any Member State which has made a reservation in accordance with this article may wholly or partly withdraw, by means of a notification addressed to the Secretary General of the Council of Europe. Withdrawal shall take effect on the day on which the Secretary-General receives the notification.
7. Where a Member State has made a reservation in respect of any of the provisions of the Convention, it may not be required to apply the relevant provisions of another Member State; If such a disclaimer is partial or if subject to what conditions, reservations a Member State may require the applicant to the other Member States shall apply the relevant provisions to the same extent.
-amendments to article 54 1. Any Member State may propose amendments to this Convention, and the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe, the European Community and all the third countries that have acceded or has been invited to accede to this Convention in accordance with the provisions of article 50.
2. any amendment proposed by a Member State is informed of the European Committee for crime problems (ENPK), which shall submit to the Committee of Ministers its opinion on that proposed amendment.
3. the Committee of Ministers shall examine the proposals for amendments and opinion of ENPK and can accept these amendments with the Council of Europe Statute, article 20) provided for in paragraph (d) of the majority.
4. any amendment to the text that has been adopted by the Committee of Ministers in accordance with paragraph 3 of this article, is sent to the Member States to accept.
5. any amendment adopted in accordance with paragraph 3 of this article, shall enter into force on the 30th day from the date when all Member States have notified the Secretary-General of their acceptance of this amendment.
6. any Member State or by the Committee of Ministers can propose amendments to update the categories of offences specified in the annex, as well as to amend article 13. The Secretary General of the Council of Europe, these proposals shall be communicated by the Member States.
7. After consultation with the Member States of the Convention, which are not Member States of the Council of Europe, if necessary, with the ENPK, the Committee of Ministers may adopt a proposed amendment in accordance with paragraph 6, of the Statute of the Council of Europe, article 20) provided for in paragraph (d) of the majority. This amendment shall enter into force when it was a year after the date on which it has been communicated to the Member States. This year each Member State shall communicate to the Secretary-General can do any objection in relation to the said entry into force of the amendment with respect to a particular Member State.
8. If one third of the Member States shall notify the Secretary-General that they object to the entry into force of the amendment, the latter amendment shall not enter into force.
9. If the amendment of any objection shall communicate to less than one third of the Member States, the said amendment shall enter into force for those States which have declared that they have reservations.
10. If an amendment has entered into force in accordance with paragraph 6., 9., and a Member State in relation to this amendment has made known its objection to the above amendment shall enter into force on the first day of the month, which begins when was a month from the day on which the Member State concerned has notified the Secretary-General of the Council of Europe on the adoption of this amendment. Where a Member State has expressed its opposition, at any time, this claim may be withdrawn by notification to the Secretary-General of the Council of Europe.
11. If the Committee of Ministers has adopted an amendment, a State or the European Community shall not be bound by the Convention, in addition to not recognizing as binding also the amendment.
Article 55-denunciation 1 any Member State at any time, may denounce this Convention by sending a notification addressed to the Secretary General of the Council of Europe.
2. Denunciation shall take effect on the first day of the month starts when the eighth in three months from the date on which the Secretary General has received the notification.
3. This Convention shall remain in force in respect of confiscation referred to in article 23, which under the terms of the Convention request is made before the date on which the denunciation takes effect.
Article 56 – notifications the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe, the European Community, the third countries that have participated in the elaboration of the Convention and all States which have been invited to accede to the Convention as well as all other States parties of: (a) any signature of the Convention);
(b)) of any instrument of ratification, acceptance, approval or accession depositing;
(c)) for any date when the Convention enters into force in accordance with article 49 and 50;
(d)) of any declaration or reservation made in accordance with article 53;
e) on any other related activities under the Convention, notification or application.
In witness whereof the undersigned, being duly authorized, have signed this Convention.
 The Convention signed in Warsaw on 16 May 2005, in the English and French languages, both texts being equally authentic, in a single copy, deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies of this Convention to all Member States of the Council of Europe, the European Community to third countries which have participated in the elaboration of the Convention and all States which have been invited to join.
The Secretariat Note: see. The European Community and of the Member States of the European Union, may 3, 2005 statement on the adoption of the Convention by the Committee of Ministers of the Council of Europe: "the European Community/European Union and its Member States reaffirm, asking to include the separation clause, it aims to ensure that, by acceding to the international conventions are taken into account in the Union's institutional framework, in particular in cases where the Member States have entrusted the sovereign power of the community.
The purpose of this clause is not to reduce the rights of the parties to the Convention which are not members of the European Union, or to increase the obligations of the Convention with respect to the European Community/European Union and its Member States, whereas the latter are also parties to the Convention.
Separation clause is needed for those parts of the Convention, which are within the competence of the community/Union to determine that the Member States of the European Union can not (or in contact with the European Community/Union) to refer to the rights and obligations deriving from the Convention, and to apply them. On the one hand, between the Convention fully apply the European Community/Union and its Member States, on the other hand, the other Member States of the Convention, and the separation clause does not affect this fact; The Convention is binding on the community and the Member States of the European Union, and the Convention shall apply as any State, if necessary, through community/Union legislation. Thus they guarantee full respect of the Convention's provisions with regard to those States parties which are not members of the European Union. "
Annex a) participation in a criminal group and organized racket, b) terrorism, including financing terrorism, c) human trafficking and illegal transport of migrants, d) sexual exploitation, including sexual exploitation of children, e) the illicit manufacture of narcotic drugs and psychotropic substances trafficking, f) illegal arms trafficking in stolen goods, g) and other illicit trafficking in goods, h) corruption and bribery, i) fraud, counterfeiting, j), (k)) product counterfeiting and piracy, l) environmental crime , m) murder, grievous bodily injury, n) kidnapping, illegal detention and hostage taking, robbery or theft), p, r) extortion, smuggling), s, t) piracy counterfeiting), u) insider dealing and market manipulation in the transactions.