The Saeima has adopted and the President promulgated the following laws: The Convention on laundering, search, seizure and confiscation of article 1. the 1990 Convention on 8 November n criminal money laundering, search, seizure and confiscation (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. In accordance with article 6 of the Convention, the fourth part to fix that article 6 of the Convention, the first subparagraph shall apply only to those criminal offences which result in acquired financial means and other property (predicate crime) and provided for in the law "on laundering", and the Ministry of Foreign Affairs notified this to the Secretary General of the Council of Europe. 3. article. In accordance with article 14 of the Convention, the third part to fix that article 14 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. 4. article. In accordance with article 21 of the Convention, the second part to fix that in Latvia the official issuance of judicial documents to the pre-trial investigation stage conducted the hearing stage and the General Prosecutor's Office, the Ministry of Justice and Ministry of Foreign Affairs shall notify the Secretary-General of the Council of Europe. 5. article. In accordance with article 23 of the Convention, the second part of the Convention stipulate that 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 — during the pre-trial investigation stage to the initiation of a prosecution;
2) — the Prosecutor the pre-trial investigation stage until things to send to court;
3) Ministry of justice — the hearing stage. 6. article. In accordance with article 25 of the Convention, the third part of this Act referred to in article 5 of the Republic of Latvia authorities are entitled to require them for applications and attached documents should provide a translation into Latvian or English and shall notify the Ministry of Foreign Affairs to the Secretary-General of the Council of Europe. 7. article. In accordance with article 32 of the Convention, the second part to establish 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 Treaty, and on the Ministry of Foreign Affairs shall notify the Secretary-General of the European Pad m I. 8. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 9. article. The Convention shall enter into force on the time limit laid down in article 36 and in order, and on the Ministry of Foreign Affairs notified the newspaper "journal". The law adopted in 1998 the Saeima on 15 October. The President of the Parliament instead of the President a. perfected in Riga 1998 October 23 European Treaty Series-No. 141 the Sulphur in europēen Traits: des n ° 141 Convention on Laundering, Search, and Confiscation of the chicken pox vaccine and Proceed from crime Strasbourg, 8. XI. 1990 preamble the member States of the Council of Europe and the other States signatory of the 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; Considering that for the attainmen of this aim a well-functioning system of international co-operation also must be established, have agreed as follows: Chapter I – use of terms article l – use of terms For the purpose of this Convention: a. "proceed" means any economic advantage 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 to be used, in any intened 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 6 of this Convention. Chapter II-Measure to be taken at the national level article 2 – 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. 2. 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 only to the categories of the offenc offenc or specified in declarations of such. Article 3 – 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 and trace property which is liabl to the article 2 confiscation pursuan, paragraph 1, and to prevent any dealing in, transfer or disposal of such property. Article 4: Special investigative power and techniques 1. Each Party shall adop 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 2 and 3 A Party shall not act to declin under the provision of this article on the ground of bank secrecy. 2. 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 theret. Such techniques may include monitoring orders, observation, interception of telecommunications, access to computer systems and orders to produce specific documents. Article 5 – 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 2 and 3 shall have effective legal remedies in order to preserve their rights. Article 6-1 of the offenc. Each Party Laundering shall adop 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 the use of property, knowing, at the time of receipt, that such property was proceed; (d) participation in, association or conspiracy. the 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 be such measure axis adop it not consider it also establish cessary axis of the under its domestic law offenc all or some of the acts referred to in paragraph 1 of this article, in any or all of the following cases where the offender: a. ough to have assumed that the property was proceed; (b) acted for the purpose of making a profit; (c) acted for the purpose. of promoting the carrying on of further criminal activity. 4. Each Party 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 paragraph 1 of this article applies only to the predicat offenc or categories of such specified in such declaration of the offenc. Chapter III – International co-operation Section 1 – principles of international co-operation article 7 – General principles and measure for international co-operation 1. The Parties shall co-operate 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 for confiscation of: a. the specific items of property or instrumentalit, representing 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 assistance and investigative. provisional measure with a view to either form of of confiscation referred to under (a) above. Section 2 — the Investigative assistance article 8: 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 9 — Execution of assistance the assistance pursuan to article 8 shall be carried out as permitted by and in accordanc with the domestic law of the requested Party and, to the exten to note incompatibl with such law, in accordanc with the procedures specified in the request. Article 10: 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 11 – 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 article 13 shall pursuan to, 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 12: the Execution of provisional measure 1. The provisional measure mentioned in the article 11 shall be carried out as permitted by and in accordanc with the domestic law of the requested Party and, to the exten to note incompatibl with such law, in accordanc with the procedures specified in the request. 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 13 — Obligation of the Party 1 A confiscat, which has received a request made by another Party for confiscation concerning to instrumentalit or proceed, situated in its territory, shall: (a) a confiscation order enforce. 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. Article 14 – Execution of confiscation 1. The procedures for obtaining and enforcing the confiscation under article 13 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 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 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 13, paragraph 1.a, the requesting Party alone shall have the right to decide on any application for review of the confiscation order. Article 15 – Confiscated property Any property confiscated by the requested Party shall be disposed of by that Party in accordanc with its domestic law, unless otherwise agreed to by the parties concerned. Article 16: right of enforcement and maximum amount of confiscation 1. A request for confiscation made under article 13 does 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 17 — 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 13, if the requesting Party has so specified in the request. Section 5: Refusal and postponemen of co-operation article 18 — grounds 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 political or fiscal of relate offenc; or e. the requested Party consider that compliance with the action sought would be contrary to the principle of ne bis in idem; or f. 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 to co-operation under Section 2 only in so far as the assistance sought involv's coerciv action. 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. the 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 13, 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. offenc an 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). 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; e. confiscation is either not or 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) the 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 co-operation which would involv the 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 the United Nations affording any co-operation under this chapter; (b) the fact that the natural person against whom an order of confiscation of will has been issued has subsequently proceed 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 13, paragraph 1 a of article 19 — Postponemen. the requested Party may request postpon action on (a) if such action would prejudice investigations or proceedings by its authorities. Article 20 — 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 21 — 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 22: the Recognition of a foreign decision When dealing with 1 a request for co-operation under sections 3 and 4, 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 23 – 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 24 – 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. Article 25 — a Form of request and languages 1. All requests under this chapter shall be made in writing. Modern means of telecommunications, such as telefax, may be used. 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 Party 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 26 – Legalisation Documents transmitted in application of this chapter shall be the main from all legalisation formalit. Article 27: 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. in so far 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 in so far as cessary and 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 relations to which co-operation is sought, its 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 13, paragraph 1 (a): (i) a certified true copy of the confiscation order 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 not. cessity of taking any provisional measure;
(b) in the case of article 13, 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 28 Defective requests-1. — If a 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-limit 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 29 – Plurality of requests 1. Where the requested Party 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 30: the Obligation to give reasons for the requested Party shall give reasons for any decision, or their refus postpon make conditional any co-operation under this chapter. Article 31 – 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 their 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. 2. The requesting Party shall promptly inform 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 32 — 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 Party 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 33 – 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 10 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 34: 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 35 — Damage 1. When legal action on liability for damage resulting from the Act or omission in the United Nations relations co-operation under this chapter 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 IV: Final provision Article 36 – signature and entry into force 1 this Convention shall be open. for signature by the member States of the Council of Europe and non-member States which have participated in its elaborations. Such States may express their consent to be bound by: a. signature without reservation as to ratification, acceptance or approval; or (b) signature subject to acceptance, ratification or approval, followed by ratification, acceptance or approval. 2. the Instrument 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 three States, of which at least two with 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 State 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 of article 37 – 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 Contracting States 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 Contracting States 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 38 – Territorial application 1 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2. Any State may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this 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 39 – Relationship to other convention and agreements 1 this Convention does not affec the rights and undertaking of international convention for immigrants from multilaterals derived special matters. 2. The parties to the 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. 3. 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 those relations accordingly, in lieu of the present Convention, if it facilitat international co-operation. Article 40 — reservations 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it is itself of on or availa ... more of the reservations provided for in article 2, paragraph 2, article 6, paragraph 4, article 14, paragraph 3, article 21, paragraph 2, article 25, paragraph 3 and article 32 2. from the others, paragraph reservation may be made. 2. Any State which has made a reservation under the preceding paragraph may wholly or the 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. 3. A Party which has made a reservation in respect of a provision of this 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 41 – Amendments 1 Amendments to this Convention may be proposed by any Party, and shall be communicated by the Secretary General of the Council of Europe to the member States of the Council of Europe and to every non-member State which has acceded to or has been invited to accede to this Convention in accordanc with the provision of article 37. Any proposed amendment 2 by a Party shall be communicated to the European Committee on crime problems which shall submit to the Committee of Minister to its opinion on that proposed amendment. 3. The Committee shall consider the will of the Minister proposed amendment and the opinion submitted by the European Committee on crime problems and may be the adop amendment. 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. Article 42: settlement of dispute 1. The European Committee on crime problems of the Council of Europe shall be the skipper informed regarding the interpretation and the application of this Convention. 2. In the case of a dispute between parties as to the interpretation or application of this 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 European Committee on crime problems, to an CAs tribunal whose decision shall be binding upon the parties, or to the the International Court of Justice as agreed upon by the parties concerned. Article 43 – Denunciation 1 Any Party may, at any. time, denounc this 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 14 of confiscation for which a request has been made in conformity with the provision of this Convention before the date on which such a denunciation takes effect. Article 44 – notifications the Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this 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 this Convention in accordanc with articles 36 and 37; (d) any reservation made under article 40, paragraph 1; e. any other Act, notification or communication relating to this Convention. In witness whereof the undersigned, being duly authorised, have signed theret this Convention. Done at Strasbourg, the 8th day of November 1990, 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 non-member States which have participated in the elaborations of this Convention, and to any State invited to accede to it.  

Convention on laundering, search, seizure and confiscation of 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 that the combating of crime need to implement a common policy that would focus on the protection of the public; considering that the fight against serious crime, which has become an international problem, progressive use of modern and effective methods at international level; Recognizing that one of the following methods is to deprive criminals of the crime resulting; considering that this objective must also creates a well-functioning system of international co-operation, have agreed: (I) the section of explanations of terms article 1 of this Convention, explanations of terms: a) "criminal obtained funds" means any economic advantage from criminal offences, and can contain any property pursuant to paragraph "b" of this article; (b)) "property" means any property, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencing ownership or other rights to such property; (c)) "Tools" means any property used or intended for use, in any manner, in whole or in part, to commit criminal offences or criminal offences; (d)) "confiscation" means a penalty or measure, which examined the case in relation to the criminal offence or criminal offences, identify the Court and which are forfeited property; e) "predicate crime" means any crime that results in income has been achieved that can become article 6 of this Convention as defined in the kriminālisodām object. Title II measures to be taken at national level article 2 confiscation measures 1 each Party shall take such legislative and other measures as are necessary to enable it to confiscate instruments and proceeds of crime obtained income or property the value of which corresponds to the value of such funds. 2. Any party at the time when this Convention is signed or filed in storage of its instrument of ratification, acceptance, approval or accession, may submit to the European Council a declaration addressed to the Secretary General, in which it noted that the first part of this article shall apply only to such declaration referred to in criminal offences or categories of offences. Article 3 investigative and provisional measures each Party shall take such legislative and other measures as are necessary to enable it to identify and trace property that is forfeited in accordance with the first subparagraph of article 2, and to prevent any business with such property, disposal or transfer it to another person. Article 4 special investigative powers and techniques 1. Each Party shall take such legislative and other measures necessary to its judicial authorities or other competent authorities should be entitled to request the banking, financial and commercial service of documents or the removal of article 2 and 3 of the operations. Party refuses the palace complex (d) the provisions of this article save the banking secrecy. 2. Any party considering such legislative and other measures as are necessary to carry out a special investigation methods that facilitate the proceeds of identification and tracking, and associated evidence. These methods may include tracking, surveillance, with telecommunications means the transmission of information to the hearing, access to computer systems and the issue of certain documents. Article 5 legal remedies each Party shall take such legislative and other measures as are necessary to enable the parties concerned, subject to the 2 and 3 the measures referred to in article provides effective legal protection of their rights. Article 6 Criminal money-laundering criminal offences 1. Each Party shall take such legislative and other measures as are necessary to their laws recognized as an offence if it is done with the intention of: (a) the conversion or transfer of property), the knowledge that this property is derived from criminal means in order to conceal or disguise the illicit origin of the property or of helping any person who is involved in the crime, the predicate to avoid the legal consequences of his action; b) property true nature, source, location, disposition, movement, rights with it or hiding or masking of ownership, knowing that the property is acquired by criminal means, and in accordance with the constitutional principles of the party and the legal system guidelines: c) property acquisition, or use of, property rule arrive knowing that the property is acquired by criminal means; (d) participation, participation or) agreement to do any of this article in accordance with the criminal offence, or an offence of attempt, instigation, aiding, promoting or organizing. 2. in order to implement or apply the first part of this article: (a)) it is irrelevant whether the predicate crime was exposed to the criminal side of the inspection activities of the jurisd; (b)) may provide that the said subparagraph criminal offences does not apply to persons who committed the predicate offence; c) awareness, intention or purpose referred to in subparagraph is required as the composition of the said crime may be detected elements of the objective factual circumstances. 3. any party may take such measures as it considers necessary to its legally-qualified as a criminal act and all of the first paragraph of this article or some of these activities in any case or in any case in which: (a)) should have the criminals know that the property has been acquired by criminal means; (b) the offender acted for the purpose) to make a profit; (c) the perpetrator acted) in order to facilitate further criminal activity. 4. Any party at the time when this Convention is signed or filed in storage of its instrument of ratification, acceptance, approval or accession, may submit to the European Council a declaration addressed to the Secretary General, in which it noted that the first part of this article shall apply only to this communication the predicate crimes mentioned in or the crime categories. (Iii) international cooperation section, Chapter 1 principles of international co-operation article 7 international the General principles of cooperation and measures 1. Parties in the widest way shall cooperate with the investigation and prosecution of cases, the purpose of which is to seize tools and criminal findings. 2. Each Party shall take such legislative and other measures as are necessary to enable it to according to the provisions of this title: (a) a request to execute) to seize certain property objects that are obtained funds or criminal tools, as well as to seize criminal assets obtained by requesting to pay a sum of money corresponding to the value of the proceeds; (b)) to provide assistance to investigations and interim measures in respect of any of those parts listed in paragraph "a" seizure. Chapter 2 assistance article 8 investigation obligation to provide assistance the Parties shall provide each other, in accordance with the request of the ņā the widest possible assistance tool, and the proceeds of forfeited property, other identification and searching. Such assistance includes any measures, the purpose of which is to acquire and preserve evidence for the existence of this special universe, location or movement, nature, legal status or value. Article 9 provision of assistance referred to in article 8 of the assistance is provided in a way that allows and provides for the law of the requested Party and, to the extent that such assistance is not in conflict with them, in accordance with the procedures specified in the request. Article 10 information provided voluntarily without compromising its investigation or proceedings, a party may without prior request to provide the other party with information about tools and features from criminal cases, when it considers that such information might assist the receiving party in initiating or carry out investigations or proceedings, or to encourage the party to make a request in accordance with the provisions of this title. 3. Provisional measures article 11 obligation to take provisional measures 1. On request of the other party, which has proposed a criminal or forfeiture proceedings, the Party shall take the necessary provisional measures, such as seizure of assets or withdrawal, to avoid any dealings in property, disposal or transfer it to another person, if the property is later can become the object of the request for confiscation, or if it may be subject to enforceable request. 2. the party which has received a request for confiscation pursuant to article 13, if it is asked, do the first part of this article, these measures in respect of any property which is the object of the request or which may be subject to enforceable request. Article 12 provisional measures article 11 1 of the interim measures referred to are made as it allows and provides for the law of the requested Party and, to the extent that such measures are not in conflict with them, in accordance with the procedures specified in the request. 2. the requested Party shall, before the end of any interim measures taken in accordance with this article, that party, where possible, give the requesting party an opportunity to mention the reasons why the measure should be continued. Chapter 4 confiscation article 13 obligation to confiscate 1. a party which has received a request from another party to seize tools or proceeds of crime obtained income falling within its territory: (a) the Requesting Party) executes a court order to seize the following tools or criminal means or b) obtained passes this request to their competent national authorities, for the decision to take the confiscation and, if such a decision is taken, it executes. 2. for the purposes of applying the first subparagraph "b" score, any party that one is necessary, it is entitled to propose the case the confiscation in accordance with its laws. 3. the provisions of the first subparagraph shall 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 located in the territory of the requested Party. When the seizure shall be carried out in accordance with the first subparagraph, the requested Party shall, if requested, the money is not the sa m aksāt, distributes this requirement in respect of any property that is available for this purpose. 4. If a request for confiscation concerns a specific item of property, the parties may agree that the requested Party confiscation, requiring to pay a sum of money corresponding to the value of the property. Article 14 execution of confiscation 1. in accordance with the provisions of article 13 of the confiscation order to the acquisition and enforcement of confiscation order determined by the law of the requested Party. 2. the requested Party shall be bound by the findings as they are fixed in the judgment of the Court of Justice of the requesting party or decision or in so far as the judgment or decision is not based directly on these facts. 3. Any party at the time when this Convention is signed or filed in storage of its instrument of ratification, acceptance, approval or accession, may submit to the European Council a declaration addressed to the Secretary General, in which it noted that the second part of this article apply only in accordance with its constitutional principles and the guidelines of the legal system. 4. If a confiscation gets to pay the claim a certain amount of money, the requested Party, the competent institution shall convert the amount in the currency of that party at the exchange rate in force at the moment of the decision to apply confiscation. 5. in article 13, first paragraph "a" in the case referred to in paragraph 1 only to the requesting Party shall have the right to decide on any application for review of the decision on confiscation. Article 15 Confiscated property to the requested Party shall deal with property seized by it, in accordance with its laws, except where the parties have agreed otherwise. Article 16 the right of performance of Confiscation and seizure 1. maximum request confiscation, expressed in accordance with article 13, does not affect the right of the requesting party to execute the decision on confiscation. 2. Nothing in this Convention shall be interpreted as to allow that the total value of the seizure exceeded the amount of money specified in the decision on confiscation. If either party finds that it can happen, the parties concerned shall consult each other in order to overcome it. Article 17 imprisonment in the case of payment not the requested Party may not apply neither imprisonment nor any other punishment that restricts personal freedom, on the basis of a request made pursuant to article 13, if the requesting party has pointed out in its request to it. section 5 refusal to cooperate or suspension of cooperation article 18 grounds for refusal 1. cooperation may be waived under this section if: a) transaction, which is required, is incompatible with the requested party's legal system the fundamental principles or (b)) may damage the running request the requested Party sovereignty, security, public order or other essential interests, or c), the requested Party considers that the case to which the request relates in terms of importance, does not justify the action requested in the request, or (d)) criminal offence to which the request relates is a political or financial, or e) the requested Party considers that execution of the requested action is contrary to the principle of ne bis in idem, or f) the offence to which the request relates would not be qualified as a criminal offence punishable under the law of the requested Party shall, if its jurisdiction in the territory. But this refusal applies Chapter 2 framework for cooperation provided for only to the extent that the required assistance would include the application of coercive measures. 2. Chapter 2 of this section in so far as the request of cooperation assistance provides for coercive measures, as well as of cooperation laid down in Chapter 3 may be waived even if the required measures, in accordance with the law of the requested Party does not make it possible to carry out the investigation or proceedings ever u like if Tween an internal thing. 3. in cases where the law of the requested Party so require, from Chapter 2 of this section in so far as the request of cooperation assistance provides for coercive measures, as well as of cooperation laid down in Chapter 3 may be waived even if the requested measures or any other measures having a similar effect would not be permitted under the law of the requested Party, or, in the case of the requesting party to the competent authorities, if this request is not sanctioned, not the judge's nor any other judicial authority, including public prosecutors dealing with criminal matters. 4. you can opt-out of this section in Chapter 4 of cooperation, even if: (a)) of the requested Party confiscation is not provided for by law in relation to the type of offence for which the is requested, or, b) without touching the third paragraph of article 13 obligations, such cooperation would be contrary to the law of the requested Party in relation to the principle of limitation of the confiscation, in assessing the correlation between crime and economic benefit: 1) that might qualify as criminal funds obtained, or 2) property which could be classified as criminal offences in the tools, or c) in accordance with the laws of the requested Party confiscation may no longer apply or be executed because of the prescription, or d) the request is not related to the previous conviction of the judgment or judicial authorities with specific ruling or judgment contained the following conclusions that have done criminal offence or multiple offences, on the basis of which it is issued or is required to make a confiscation order, or e) confiscation is not possible to execute the requesting party or in relation to it is still possible to use normal means of appeal or f) the request relates to a decision on confiscation of adopted on the basis of a ruling made in absentia, i.e., in the absence of the person for which a ruling has been taken and the requested Party considers that the proceedings in the requesting party leading to such decision has been adopted, does not correspond to the General pāratzītaj the minimum rights of defence, which are recognised for everyone against whom a criminal charge is raised. 5. the fourth paragraph of this article, the "f" in the context of the decision point will not be deemed to have been accepted in absentia if: (a) it is around the fortified or) declared after the person to whom it is addressed, bringing objections, or (b)) it is accepted by the decision to lodge an appeal if the person to whom it is addressed. 6. the fourth paragraph of this article, the "f" in the context of assessing the point, or the minimum rights of defence are respected, the requested Party shall consider the fact that the person to whom it is addressed, is deliberately trying to avoid the responsibility before the law, as well as the fact that that person, although it was able to use legal means to challenge the ruling adopted in absentia, has not done so. The same rule is also valid in the case where the person concerned is timely received summons to appear in court, but has not done so, nor have they asked for suspension of the proceedings. 7. Half n eatsauc to bank secrecy as a reason for refusal to cooperate in the framework of the provisions of this section. In cases where the parties law so provides, a party may require that the request for cooperation, which provides for the abolition of banking secrecy, would be sanctioned by either t i esnes, or another judicial authority, including public prosecutors dealing with criminal matters. 8. Do not touch the first paragraph of this article "(a)" referred to the reasons for the refusal: a) the requested Party may not use the fact that the person under investigation or the person in respect of which the requesting party is notified of the Authority adopted the decision on confiscation is a legal person, to give up cooperation within this section; (b)) the fact that an individual, in respect of which the decision on the confiscation of criminal funds, has died after making this decision, or the fact that the legal person in respect of whom a decision has been taken on the proceeds of the seizure, the finishes exist, can not be used to refuse to give up the z security in accordance with article 13, first paragraph, point "a". Article 19 postponement the requested Party may postpone the execution of a request, if its execution would harm the investigation or criminal proceedings carried out by the institution of that party. Article 20 partial Request execution or execution of the condition before the refuse from cooperation under this section or to postpone, the requested Party shall, if necessary, in consultation with the requesting party, consider whether the request to perform the part, or under such conditions as it deems necessary. 6. Sending notifications and third party protection rights article 21 service of documents 1. the Parties shall afford each other the widest measure of 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 impede the ability to use a) mail channels for direct transmission of judicial documents to persons abroad; (b) judicial personnel, official) or other document of the party of origin, the competent authorities the possibility of court documents issued directly to the consular authorities of that party or the destination party employees, officials or other competent authorities, except when the destination party when ti e (k) signed this Convention or deposited its instrument of ratification, acceptance, approval or accession, make a declaration to the Secretary-General of the Council of Europe with the opposite of content rules. 3. the issue of persons who reside abroad and against whom provisional measures are applied, or the decision on confiscation, court documents, which are issued at the sending side, this party indicate what legal remedies are available to such persons in accordance with its laws. 22. Article 1 of the decision of Foreign recognition. If the case relates to a request to cooperate in accordance with Chapter 3 and 4 rules, the requested Party shall recognise any judicial decision that is taken in the requesting Party in relation to the third party requested. 2. foreign decisions may not be recognised by j (a): a) third parties had a reasonable opportunity to defend their rights, or (b)) does not match the ruling decision which has been taken in the requested Party on the same case, or (c)) it is incompatible with the public policy of the requested Party, or (d)) judgment is contrary to the laws of the requested Party the exclusive jurisdiction laid down in the rules. Chapter 7 rules of procedure and other general rules article 23 Central authorized body 1. Parties shall determine the central authorities or authorized, if necessary, a number of institutions that are responsible for this section of the request for sending and responding to those that request or transferring it to the authorities that are competent to execute them. 2. Any party at the time when this Convention is signed or filed in storage of its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe in accordance with the first paragraph of this article, determine the authorized institution name and address. Article 24 direct communication 1. Central authorities notified mutually communicate directly. 2. If there is an urgent need, the request and communications pursuant to this section, the requesting party's judicial authorities, including public prosecutors can be sent directly to the requested Party, the relevant authorities. In such cases, notice of such request or the copy is sent at the request of the receiving party authorised for the central authority of the requesting party to the central authorities notified. 3. Any request or communication relating to the first and second subparagraph, may be made by the international criminal police organisation (INTERPOL). 4. If a request is made in accordance with the second paragraph of this article and the authority is not competent to examine it, it sends the request to the competent national authority and shall immediately notify the Requesting Party of the following their actions. 5. requests or notifications relating to Chapter 2 of this title and not for the use of coercive measures, the competent authorities of the requesting party may be sent directly to the requested party to the competent authorities. 25. Article Request form and language 1. all requests relating to this section, shall be made in writing. You can use modern telecommunications means of communication, such as tel efaks. 2. Subject to the conditions of part three, the request and the accompanying documents is not required. 3. Any party at the time when this Convention is signed or filed in storage of its instrument of ratification, acceptance, approval or accession, may submit to the European Council a declaration addressed to the Secretary General that it reserves the right to require that requests addressed to it and attached documents should provide a translation into the language or one of the parties from the European Pad m I official languages, or in one of these languages, which will be specifically indicated. In this case, it may demonstrate their readiness to accept translations in any other language which it may specify. Other parties can use the reciprocity rule. Article 26 Legalisation of documents that are sent in accordance with the provisions of this title, the proportion from all legalisation formalities. Article 27 content of the Request 1. any request for cooperation, expressed in accordance with this section, in particular: (a) the institution submitting the request), and an institution that performs the investigation or proceedings; (b) the request object and reasons); (c)) issues, which are subject to an investigation or proceeding, including the relevant facts (such as the criminal offence of the date, place and circumstances), except when the request is asked to send the notification; (d)), in so far as the co-operation involves coercive measures are used: 1) of the rules of law or, if this is not possible, the name of the applicable law and 2) indication that the requested measures or any other measures having a similar effect could be made in the territory of the requesting party in accordance with its own laws; e) if it is necessary and in so far as this is possible: 1) detailed information on the person or persons concerned, including name and surname, date and place of birth, nationality and location of the legal person, address, and 2), whether the property is asked to cooperate, its location, its connection with the person or persons concerned, any type of this property in connection with the criminal indictable offence, as well as any available information about other persons ' rights relating to the property and any particular procedure f) that the applicant party requests it. 2. The request for provisional measures in accordance with Chapter 3, concerning the removal of property which can be applied to the decision on the confiscation of requirements to pay a certain sum of money, also indicate the maximum amount of which recovery is sought with this property. 3. In addition to the instructions referred to in the first subparagraph, any request relating to Chapter 4, fall: a) the first part of article 13 of the "a" in the case of point 1) attesting the requesting party's Court ruling on the confiscation of copies and report on the reasons on the basis of which the decision is adopted if those reasons are not already presented the same award; 2) the requesting party's competent authorities confirming that the ruling on the seizure is enforceable and not subject to ordinary means of appeal; 3) information on the extent of enforcement of the judgment is sought, and (4)) information about the necessity of taking any provisional measures; (b)) in article 13, first paragraph, point "b" in the case of the statement of facts on which it relied and which the requesting party should be enough so that the requested Party may take a decision on confiscation itself within the law; (c)) in cases where third parties have been able to claim their rights, documents showing that it really has been. 28. Article incomplete requests 1. If the request does not comply with the provisions of this title, or if the information provided is not sufficient to enable the requested party to consider this request, that party may request that the requesting party, the request or correcting enhances it by adding more information. 2. the requested Party may impose such a correction, and the deadline for the submission of additional information. 3. Pending the requested amendments or information in connection with the request for Chapter 4 of this title, the requested Party may take any measures specified in this section in Chapter 2 and 3. Article 29 several requests 1. If the requested party receives more than one request this section Chapter 3 or 4, the framework, in respect of the same person or property, the request does not hinder this party to consider such requests, including the interim measures. 2. If the received several requests this section of Chapter 4, the requested Party shall consider the need to consult with the requesting party. Article 30 obligation to explain the reasons for the requested Party shall explain the reasons for which it decided to refuse or postpone the cooperation within the framework of this section, or to agree to the conditions for such cooperation. 31. Article 1 of the Information the requested Party shall promptly inform the Requesting Party of: (a) activities undertaken) of this section in respect of the request expressed; (b)) of the final result for the requested action; (c)) of the decision to refuse in whole or in part from the cooperation, to suspend or impose conditions for carrying out cooperation in the framework of this section; (d)) for any (a) pstākļ, which makes it impossible to perform the requested operation, or it can significantly delay and if you do, e) provisional measures in accordance with the request made in this chapter 2 and Chapter 3, the internal law provisions, which will automatically lead to the cancellation of the provisional measures. 2. the requesting Party shall promptly inform the requested Party of: (a) any review of the matter), or any other decision the fact that the decision on confiscation can no longer be wholly or partially completed, and (b) in any case the development of the s) — actual or legal, by virtue of which any action under this chapter is no longer justified. 3. Where a party, on the basis of the same ruling on confiscation, seeking seizure of more than one party, it shall inform all parties of the request, subject to the execution of the ruling. Article 32 restrictions on the use of 1. the requested Party may determine the execution request dependent on the condition that the authorities of the requesting party information obtained or evidence without its prior consent will not use and will not pass such investigations or proceedings other than those referred to in the application. 2. Any party at the time when this Convention is signed or filed in storage of its instrument of ratification, acceptance, approval or accession, may submit to the European Council a declaration addressed to the Secretary General, in which it noted that the authorities of the requesting party without its prior consent, you may not use or transfer the information or evidence provided by it under this section, the li e to investigations or proceedings other than those referred to in the application. Article 33 confidentiality 1. the requesting party may request that the requested Party keep confidential the fact and substance of the request, except that the amount of information that is required for the execution of 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, where it is not contrary to its law, guidelines and if it has expressed such a request, shall keep confidential any evidence and information provided to it by the requested Party, except only the amount of information that is required in the cases described in the request and the purpose of the proceedings. 3. subject to the provisions of the law, a party which has received freely given information under article 10 shall comply with any requirement of confidentiality set by the party providing the information. If the other party cannot meet this requirement, it shall immediately inform the provider of the information. 34. Article costs the normal request fulfillment costs assume the requested Party. If the request is needed to complete a major or extraordinarily high costs, the Parties shall consult in order to agree on the conditions for execution of the request and how the costs will be covered. Article 35 damages 1. If a person is brought for damages caused by acts or omissions in connection with cooperation in the framework of this section, the parties involved in cases where this is necessary, consider the possibility to consult each other to determine how to divide up the quantum of damages to cover the necessary amount of money. 2. the party against whom the proceedings are brought for damages, shall endeavour to inform the other party of such litigation, if the other party might be interested in this case. Title IV final provisions article 36 signature and entry into force 1 this Convention shall be open for signature of the Council of Europe Member States and States which are not Member States, but has participated in the development of this Convention. Such States may express their consent to be certified by: a) signature without reservation of ratification, acceptance or approval, or (b)) signature, subject to ratification, acceptance or approval and followed by ratification, acceptance or approval. 2. the instruments of ratification, acceptance or approval shall be submitted by the Secretary-General of the Council of Europe. 3. this Convention shall enter into force on the first day of the month following the period of three months from the date on which three States, of which at least two shall be Member States of the Council of Europe, in accordance with the provisions of the first subparagraph have confirmed their agreement to be bound by the obligations laid down in the Convention. 4. In any other Convention signatory country, which has confirmed its agreement to be bound by the obligations laid down in this Convention for the later, the Convention shall enter into force on the first day of the month following the period of three months from the date on which that State in accordance with the provisions of the first subparagraph has confirmed its agreement to be bound by the obligations laid down in the Convention. Article 37 accession to the Convention 1. After this Convention has entered into force, the Committee of Ministers of the Council of Europe, in consultation with the signatory countries to the Convention, with the decision taken by the Council of Europe, article 20 d of the Statute by the majority set out in or with this Convention signed their Dali (b) national representatives unanimous vote, which are entitled to participate in the Committee of Ministers may invite any State not a member of the Council of Europe and the development of the Convention have not participated to accede to this Convention. 2. for each State acceding to this Convention, the Convention shall enter into force on the first day of the month following the period of three months from the date on which that State has submitted to the Secretary-General of the Council of Europe, of its instrument of accession. Article 38 territorial application 1. I state, kvien signing this Convention or depositing its instrument of ratification submitted, acceptance, approval or accession, may specify the territory or territories to which this Convention shall apply. 2. Any State may at any time submit to the European Council a declaration addressed to the Secretary General, in which it states that extend the application of this Convention the territory specified in the Declaration. In this territory the Convention shall enter into force on the first day of the month following the period of three months a m, from the date on which the Secretary-General has received the following statement. 3. any declaration made under the two preceding parts of the article of any territory specified in the Declaration, be withdrawn by communication addressed to the Secretary-General. Withdrawal shall take effect on the first day of the month following the period of three months from the date on which the Secretary-General has received the following statement. Article 39 relationship to other conventions and treaties 1. this Convention shall not affect the rights and measures arising from international multilateral conventions concerning special matters. 2. the parties may conclude other bilateral or multilateral agreements on matters covered by this Convention, to complement or reinforce its provisions or facilitating the application of the principles contained therein. 3. If two or more parties have already concluded an agreement or Treaty on the matters covered by this Convention or have otherwise established relations in such matters, they are entitled to apply the Convention in place of the arrangement or agreement, or otherwise adjust the established relationships, if it facilitates international co-operation. Article 40 reservations 1 any State when signing this Convention or depositing its instrument of ratification submitted, acceptance, approval or accession, declare that it uses one or more of the reservations provided for in the second paragraph of article 2, article 6, fourth paragraph of article 14, the third subparagraph of article 21, second paragraph, article 25, third paragraph and the second paragraph of article 32. No other reservation may be made. 2. Any State which has made a reservation under the preceding paragraph may wholly or partly withdraw it by submitting a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the day when the notice is received by the Secretary-General. 3. a party which has made a reservation in respect of any of the provisions of this Convention, may not require the other party to follow it; However, if reservation is partial or conditional, it may require the application of this rule to the extent that it has accepted it. Article 41 amendments 1 any party may submit proposals for amendments to this Convention, and the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe and all those countries that are not Member States, but have joined or are hereby invited to accede to this Convention in accordance with the provisions of article 37. 2. any amendment proposed by a party is informed of crime of the Council of Europe, the problem of the Committee submitted to the Committee of Ministers its opinion on the proposal. 3. the Committee of Ministers shall examine the proposals for amendments and the Council of Europe's Committee of crime problems and opinion of this amendment can be accepted. 4. any amendment to the text that has been adopted by the Committee of Ministers in accordance with the third paragraph of this article, is sent to the parties for acceptance. 5. any amendment adopted in accordance with the third paragraph of this article, shall enter into force on the 30th day from the date when all parties have notified the Secretary-General of their acceptance of this amendment. Article 42 settlement of disputes 1. Crime problems of the Council of Europe, the Committee is informed about the interpretation and application of this Convention. 2. If the parties to a dispute concerning the interpretation or application of this Convention, they shall endeavour to settle the dispute through negotiation or any other peaceful means of the parties ' choice, including submission of the dispute to the European Committee on crime problems of the Council of Arbitration Court whose decision is binding upon the parties, or to the International Court of Justice: (a) according to the parties involved in the agreement. 43. Article denunciation 1. either party may at any time denounce this Convention by notification addressed to the Secretary General of the Council of Europe. 2. The denunciation shall take effect on the first day of the month following the period of three months from the date on which the Secretary-General has received the following statement. 3. this Convention remains in force in respect of confiscation, in accordance with article 14, of the execution of a request for which, in accordance with the provisions of this Convention, filed before the date on which the denunciation became effective. 44. Article informing the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe and all countries which are parties to this Convention of: (a)) any State signatory to this Convention; (b)) (a) any instrument of ratification, acceptance, approval or accession deposited; (c) any date) this Convention shall enter into force in accordance with its article 36 and 37.; (d) any reservation), made in accordance with the first subparagraph of article 40; e) everyone with this Convention activity, communication or information. Above, the Convention has been signed by duly authorised persons. Signed in 1990 in Strasbourg, 8 November, in English and French, both texts being equally authentic, in a single copy, stored in the archives of the Council of Europe. The Secretary General of the Council of Europe sends out certified copies of this Convention to each Member State of the Council of Europe and non-Member States, but has participated in the elaboration of this Convention, as well as anyone in the s State, which is invited to join it.