REPOBLIKAN'I MADAGASIKARA Tanindrazana - Fahafahana - Fandrosoana law n ° 2004-020 on laundering, screening, confiscation and the proceeds of crime international cooperation EXHIBITED patterns during its 17th extraordinary session held in New York (USA) in February 1990, the General Assembly of the United Nations had proclaimed the period 1991-2000. Decade of the United Nations against the abuse of drugs. One of the highlights of this was held in December 1998 of the 20th special session of the General Assembly devoted to the international fight against the global drug problem. During this session, the Member States which had participated had reached a consensus on measures to strengthen the drug control strategy and had adopted a political declaration in which they undertake particularly to struggle with a special energy against the laundering of capital and to strengthen international, regional and subregional cooperation by adoption by 2003 of legislation and national programs relating to this phenomenon in accordance with the provisions of articles 3 and 5 of the the United Nations Convention of 1988 against illicit traffic of narcotic drugs and psychotropic substances.
Madagascar is party to this Convention which States in its preamble: "illicit traffic is the source of the financial gains and significant wealth enabling transnational criminal organizations to penetrate, contaminate and corrupt the structures of the State, the commercial and financial activities legitimate and society at all levels.
Thus, as a result of its accession to this Convention, these include: putting in place a legislative framework to criminalize the laundering of the proceeds of serious offences, to ensure the prevention, detection, investigation and the pursuit of the crime of money-laundering, including through international cooperation and mutual legal assistance;
establish financial rules and effective regulation to prevent perpetrators of the crime and their illicit funds access to national and international financial systems and thereby maintain the integrity of financial systems worldwide and ensure the respect of laws and regulations against money laundering, including the duty to report suspicious activities and the lifting of banking secrecy the obstacles to the efforts to combat this phenomenon even if, eventually, the provisions of art. 378 of the Criminal Code may be invoked;
implement repressive measures for purposes including the detection, investigation, prosecution and sentencing effective writers.
In one of its recommendations, the Summit of Heads of State and Government of the OAU held in Ouagadougou (Burkina Faso) in June 1998 had particularly stressed the need for Member States to adopt national legislation appropriate restraining the money acquired through drug trafficking and specific money laundering control measures.
In articles 102, 104 to 107 of the Act No. 97-039 of 4 September 1997 on the control of narcotic drugs, psychotropic substances and precursors in Madagascar, Madagascar has criminalised money laundering. However, the law has made clear nor specific measures for the screening of this offence nor the fate of the products. It is to fill this gap and to honour the commitments it had made at the 20th special session of the General Assembly of the United Nations that the Government of Madagascar has appealed to the legal assistance of the United Nations International drug control program in Vienna (Austria) in order to assist in the development of a law against the laundering that will be so more laundering drugs money but all proceeds of crime.
By this law, Madagascar, like several States of the United Nations, intends to deprive those involved in transnational criminal activities of the product of these and thus remove their main mobile, on the one hand, show its determination to cooperate with these States in this struggle, on the other hand.
The law, it includes 5 titles: the first title deals with "generalities";  title II deals with the prevention of money laundering, in two chapters  respectively titled: 'General provisions of prevention'; 'transparency in financial operations' .  Title III contains four chapters which are respectively titled:  2 'collaboration with the authorities responsible for combating laundering. "
"exemption from liability; "investigative techniques." 'secret banking or professional '.
Title IV deals with enforcement and includes two chapters  respectively titled: "seizure and provisional measures";  "of repression of violations".  Title V is related to international cooperation and contains three chapters  respectively titled: "requests for mutual legal assistance";  "of extradition."  'common provisions'. such  is the subject of this Act.
3 REPOBLIKAN'I MADAGASIKARA Tanindrazana-Fahafahana-Fandrosoana law n ° 2004-020 on laundering, screening, confiscation and the proceeds of crime international cooperation the National Assembly and the Senate have adopted in their meeting respective dated 21 June 2004 and July 08, 2004, the law whose content follows: title first General Article 1 - Definition within the meaning of this Act are considered to be money-laundering (: the conversion or transfer of property, in order to conceal or a) disguise the illicit origin of the property or of assisting any person who is involved in the commission of the predicate offence to evade the legal consequences of his actions; the concealment or disguise of the nature of the origin of b) the location of the provision, movement or actual ownership of property; the acquisition, detention or the use of property by a person who c) knows that the goods constitute a proceeds of crime within the meaning of this Act.
Knowledge, intent or the necessary motivation as an element of the offence may be inferred from objective factual circumstances.
Section 2 - Terminology within the meaning of this Act: "proceeds of crime" means any property or any economic benefits from 1) directly or indirectly from a crime or offence.
4. this advantage may be a property as defined in paragraph 2 of this article.
'Good' means all assets, tangible or intangible, 1) furniture buildings, tangible or intangible, as well as legal acts or documents attesting ownership of these assets or rights y related.
The term 'instrument' means all objects used or intended to be 1) employees in any way whatsoever, in whole or in part, to commit one or more criminal offences.
The term "criminal organization" means, within the meaning of this Act, 1) group organized to commit crimes or offences.
The term "confiscation" means permanent dispossession of property or 1) proceeds of an offence or means used to commit on decision of a court or another competent entity.
"Original offence" means any offence criminal, even committed 1) abroad, having allowed the author of products within the meaning of this Act.
The term "author" means any person who participated in the infringement either in 1) as author, co-author or accomplice.
In order to be the basis for prosecutions for money laundering, the facts of origin committed abroad must have the character of a criminal offence in the country where they were committed and in the internal law of Madagascar, except specific agreement otherwise.
Title II laundering chapter I General provisions Article 3 prevention - Professions subject to titles II and III of this Act the titles II and III of this Act apply to any physical or legal person who, in his profession, realize, control, or advises transactions involving deposits, exchanges, investments, conversions or any other movement of capital and to credit institutions to the institutions and financial intermediaries.
5. titles II and III of this Act also apply, for all their operations, manual changers, casinos and games facilities, as well as to those who carry out, control or advise real estate transactions.

Who, in the exercise of their profession, carry out, control or advise operations involving movements of capital, banks and financial institutions public and private services of the post office, insurance companies, mutual insurance companies, brokerage companies and traders manual changers are required to notify the service established under article 16 as it appears that funds , or operations on these amounts, are likely to come from offences provided for in articles 95 to 97, 100 and 101 of the Act No. 97-039 November 04, 1997 on the control of narcotics, psychotropic substances and precursors in Madagascar or a transnational organized crime.
Article 4 - Limit to the use of cash and bearer securities any payment by cash or bearer securities of a sum that is overall more than 50 million of Fmg or 10 tapitrisa ariary is prohibited.
However, a decree in Government Council may determine the cases and conditions in which a derogation to the previous paragraph will be admitted. In this case, a statement setting out the terms of the transaction, as well as the identity of the parties, must be made to the financial intelligence unit established in section 16 of this Act.
Article 5 - Obligation to realize international remittances by a credit institution or a financial institution transfer abroad or from abroad of funds, securities or values for a sum which the accumulated amount is greater than 30 million of Fmg or 6 tapitrisa MGA must be made by a credit institution or a financial institution authorized , or through.
The figures in this paragraph and in paragraph 1 of article 4 may be changed by Decree in the Council of Government.
6 Chapter II transparency in financial transactions Article 6 - General provisions the State organizes the legal framework so as to ensure the transparency of economic relations, including ensuring that the corporate law and the legal mechanisms for the protection of property do not allow the formation of fictitious entities or façade.
Article 7 - Identification of customers by credit institutions and financial institutions credit institutions and financial institutions are required to ensure the identity and the address of their customers before opening an account or booklets, take custody of titles, values, or vouchers, to assign a trunk or to establish all other business relationships.
The verification of the identity of a natural person is operated by the presentation of an original official document valid and with a photograph, of which it is a copy. The address is verified by the presentation of a document likely to be demonstrated.
The identification of a legal person is performed by production status and any document establishing that she was legally registered and that it has a real existence at the time of identification. He is taken to copy.
Officials, employees and agents called to connect on behalf of others must produce, in addition to the parts referred to in paragraph 2 of this article, the documents attesting to the delegation of power which is granted to them, as well as evidence of identity and address of the beneficial.
Article 8 - The identification of occasional customers occasional customers is identified according to the conditions provided for in article 7, for any transaction in respect of more than 15 million of Fmg or 3 tapitrisa ariary.
In cases where the amount of the transactions is not known at the time of the operation, there is method to the identification of the customer as soon as the amount is known, or that the threshold referred to in paragraph 1 is reached.
7. the identification is required even if the amount of the transaction is lower than the threshold fixed when the lawful source of capital is not certain.
Identification shall also be taken in the event of repetition of separate operations, performed in a limited period and for an individual amount lower than that provided for in paragraph 1.
Article 9 - Identification of the beneficial owner in case he is not certain the customer is, for its own account, the credit institution or financial institution information by all means on the identity of the true donor order and one for which he is. After verification, if in doubt about the identity of the real having--right, it must be put an end to the banking relationship, without prejudice, if any, of the obligation to report suspicions.
If the customer is a lawyer, an accountant, public or private, a private person with a delegation of public authority, or an officer acting as a financial intermediary, it cannot invoke the privilege to refuse to disclose the identity of the true operator.
Article 10 - Special monitoring of certain transactions when an operation is more than 250 million of Fmg or 50 tapitrisa ariary and is carried out in unusual or unjustified complexity conditions, or seems to have no economic justification or lawful object, the credit institution or financial institution is required to inquire about the origin and destination of funds as well as the purpose of the transaction and the identity of economic operators for the operation.
The credit institution or financial institution establishes a confidential written report with all useful information on its terms, as well as on the identity of the customer and, if any, of the economic actors of the operation.
The report is stored in the conditions provided for in article 11.
Special vigilance should be exercised with respect to operations from institutions or financial institutions which are not subject to sufficient bonds identification of clients or transactions control.
Article 11 - Conservation of documents by credit institutions and financial institutions.
8 credit institutions and financial institutions keep and are at the disposal of the authorities referred to in article 12: documents relating to the identity of clients for 5 years at least after the 1) closing accounts or termination of the relationship with the customer; documents relating to operations carried out by the customers and accounts - 2) made in section 10 for 5 years at least after the execution of the operation.
Article 12 - Disclosure of the information and documents referred to in articles 7 to 11 are reported to the financial intelligence unit established in article 16 and in the context of its powers defined in articles 16 to 22.
In any case, the people with the obligation to transmit information and the above-mentioned documents, as well as any other person with knowledge, don't will communicate them to other persons or legal entities than those listed in paragraph 1, unless the authorities referred to above allow it.
Article 13 - Internal programs of anti-money laundering institutions of credit and financial institutions credit institutions and financial institutions are developing programs of prevention of money laundering. These programs include: the centralization of information on the identity of the clients, to order, has) beneficiaries and holders of power of Attorney, proxies, entitled Economic and on suspicious transactions; the designation of the officers of the central management of each branch, and b) of each agency or local service; ongoing training of officers or employees;c) a system of internal controls of the application and the effectiveness of the measures) adopted for the purposes of this Act.
Article 14 - Manual exchange is a manual exchange operation, within the meaning of this Act, Exchange tickets immediately or currencies denominated in different currencies and delivery of species against the regulation by other means of payment denominated in a different currency.
9. the natural or legal persons who profess usual perform manual exchange operations are required:

to send, before starting their activity, a statement of activity to the a) Department of finance, on the advice of the Banking Supervision Commission and financial and any other competent authority of the country in order to obtain approval of opening and operation provided for by the legislation in force, and to justify, in this statement, the legal origin of the funds for the creation of the pharmacy or establishment; to ensure the identity of their customers, by the presentation of a document b) original valid official with a photograph, which he's taken copy, before any transaction in respect of more than 15 million of Fmg or 3 tapitrisa MGA or any transaction under conditions of unusual or unjustified complexity; to record in chronological order all operations, their nature and c) their amount with indication of names and names of the client, as well as the number of the document presented, on a record side and initialled by the competent administrative authority and retain the said registry for 5 years at least after the last recorded operation.
Article 15 - Casinos and gaming casinos and gaming establishments are required: to send, before starting their activity, a statement of activity to the a) Department of finance, or Ministry of the Interior for the purpose of opening and operating authorization provided for by the national legislation in force, and to justify, in this statement, the legal origin of the funds to the creation of the pharmacy or establishment; keep regular accounts and keep it for at least 5 years. (b) the accounting principles defined by national legislation are applicable to casinos and gambling circles; to ensure identity, by the presentation of an original official document in c) course of validity and containing a photograph, which he is taken a copy, players who buy, bring, or exchanging chips or plates for more than 15 million of Fmg or 3 tapitrisa MGA; (to record in chronological order all the operations referred to the c) d) this article, their nature and their amount with indication of names and names of the players, as well as the document number, on a record side and initialled by the competent administrative authority and retain the said register for 5 years at least after the last recorded operation;
10 record, in chronological order, all funds transfers made between e) these casinos and gambling on a register circles side and initialled by the competent administrative authority and retain the said registry for 5 years at least after the last recorded operation.
In the case of the gambling establishment is held by a corporation with several subsidiaries, chips must identify the subsidiary through which they are issued. In any case, tokens issued by a subsidiary can be refunded in another subsidiary, including abroad.
Title III DETECTION of the laundering chapter I cooperation with authorities responsible for anti-money laundering Section 1 financial intelligence Article 16 - General provisions a financial information service, organised under conditions established by Decree, is responsible to receive, analyse and process returns that are required the persons and bodies referred to in article 3. It receives also all other useful information, including those provided by the judicial authorities. Its agents are bound to secrecy of this information that can be used for other purposes than those provided by this text.
The composition and powers of the service, the terms likely to ensure or enhance its independence, as well as the content and procedures of filing addressed are established by Decree.
11 article 17 - Access to service information may also, at his request and in application of article 27, get any public authority and any other physical or moral person referred to in article 3, the communication of information and documents in accordance with article 12, as part of the investigations carried out following a statement by suspicion. It can also exchange information with the authorities responsible for the application of the disciplinary measures provided for in article 33.
He may, on request and in accordance with article 27, have access to the databases of public authorities. In all cases, the use of this information is strictly limited to the purposes of this Act.
Article 18 - Relationships with foreign financial intelligence the financial intelligence unit may, subject to reciprocity, Exchange information with foreign offices to receive and process declarations of suspicion, when these are subject to similar secrecy obligations, irrespective of the nature of these services. Accordingly, it may enter into agreements of cooperation with these services.
When dealing with a declaration of suspicion is referred to a request of information or transmission by a counterpart foreign service, given a suite within the powers granted by this Act to deal with such statements.
Section 2 the declaration of suspicion Article 19 - Obligation to report transactions suspicious any physical or moral person referred to in article 3 is required to report to the financial intelligence unit, the operations provided for in article 3 when it relates to funds appearing to come from the accomplishment of a crime or offence.
The above-mentioned persons have an obligation to report operations carried out even if it was impossible to stay their execution or if it appeared only after the completion of the operation that it dealt with suspicious funds.
They are also required to report without delay any information tending to strengthen the suspicion or overturn it.
12 article 20 - Transmission to the financial intelligence unit statements of suspicion are passed to the service of financial information by fax or, failing that, by any other means written. The statements made by telephone must be confirmed by fax or any other means written as soon as possible. These statements indicate as appropriate: the identity of the operators and the nature of operations;1) the reasons why the operation has already been performed;2) the period within which the operation must be executee.3) upon receipt, the service acknowledges the receipt of the statement.
Article 21 - Opposition to the execution of the operation if, due to gravity or the urgency of the matter, the service deems it necessary, he can oppose the execution of the operation before the expiry of the time frame mentioned by the declarant. This opposition is notified to the latter, immediately, or by fax or any other means written. Opposition hinders the execution of the operation for a period which may not exceed 48 hours.
The President of the territorially competent court of first instance, seized by the financial intelligence unit, may order the blocking of funds, accounts or securities for a period not exceeding eight days.
Article 22 - Follow-up to the declarations as soon as appear serious clues such as to constitute the offence of money laundering, the service will report on the facts, accompanied of his opinion, the Prosecutor of the Republic who appreciate the follow-up. This report is accompanied by all useful parts, except for the statements of suspicion itself. The identity of the author of the declaration should not be included in the report.
13 Chapter II Exemption of liability Article 23 - Exemption from liability of the suspicions statements made in good faith no prosecution for violation of banking secrecy or professional can be brought against individuals or leaders and attendants organizations referred to in article 3 which, in good faith, have transmitted information or made the statements provided for by the provisions of this Act.
No action in civil or criminal liability can be brought, nor any professional sanctions pronounced against people or leaders and representatives of organizations referred to in article 3 which, in good faith, have transmitted information or made the statements provided for by the provisions of this Act, even if the investigations or judicial decisions have resulted in no convictions.
No action in civil or criminal liability cannot be brought against the persons or managers and employees of agencies designated in article 3 as a result of the material and/or immaterial damage arising from the blocking of a transaction under the provisions of article 21.
Good faith is presumed and it belongs to the victim for the damage caused to bring evidence to the contrary.

Damage resulting directly from a statement of good faith unfounded suspicion, State says damage to the conditions and within the limits established by national legislation.
Article 24 - Exemption from liability for the execution of operations when a suspicious transaction has been executed, except in cases of consultation fraudulent with the authors of money laundering, no prosecution of of money laundering can be initiated against one of the persons referred to in article 3, their officers or agents, if the declaration of suspicion has been made under the conditions laid down by articles 18 to 20.
This also applies when a person subject to this Act has performed an operation at the request of the investigation services acting under the conditions provided for in article 25.
14 chapter III investigation Techniques Article 25 - Techniques of investigation in order to obtain evidence of the offence of origin and evidence of the offences provided for in this Act, the judicial authorities may order, for a fixed period: the placement under surveillance of bank accounts and similar accounts) to bank accounts; access to systems, networks and servers computer;b) placement under surveillance or wiretapping of telephone lines of c) fax or electronic means of transmission or communication; recording audio and video of the actions and conversations d communication of authentic acts and private, deed documents e) banking, financial and commercial.
They may also order the seizure of the above-mentioned documents.
However, these operations are possible only when serious indications allow to suspect that these accounts, telephone lines, systems and computer networks or documents are used or are likely to be used by suspects involved in the offences referred to in paragraph 1 of this article.
Article 26 - Operations under cover and controlled deliveries are not punishable, the competent officials to see original and offences of money laundering which, for the sole purpose to obtain evidence relating to the offences referred to by this Act and under the conditions defined in the next paragraph, commit facts that could be interpreted as parts of one of the offences referred to in articles 30 31, and 34.
The approval of the Prosecutor of the Republic must be obtained prior to any operation referred to in the first paragraph. A detailed report is sent at the end of operations. It may, by reasoned decision made at the request of the competent officials to see violations of origin and money laundering performing such operations, delay the freezing or seizure of money or any other property or advantage, until the conclusion of the investigations and order if this is necessary, specific measures for their backup.
15 chapter IV banking secrecy or professional Article 27 - prohibition to invoke banking secrecy banking or professional secrecy cannot be invoked to deny the information provided for in article 12 or required in an investigation on grounds of laundering ordered by, or are under the control of a judicial authority.
Title IV of the coercive measures chapter I of the seizure and provisional measures Article 28 - entry authorities and officials responsible for the detection and repression of violations laundering can seize the property in relation to the offence under investigation, as well as all elements of nature to identify them , in accordance with the rules of ordinary law.
Article 29 - protective measures judicial authority for interim measures may, either ex officio or at the request of the public prosecutor or a competent authority, order, at the expense of the State, such measures, including the freezing of capital and operations on goods, regardless of the nature, likely to be seized or confiscated.
The release of these measures may be ordered at any time at the request of the public prosecutor or, after notice of the latter, at the request of the competent authority or owner.
16 chapter II of the law enforcement Section I Sanctions applicable Article 30 - money laundering will be punished the labour and a fine of Fmg 500,000 to 5,000,000 or 100. 000 to 1,000,000 ariary without the fine is less than five times the amount of the body of the crime, those who have committed an act of money laundering as defined in article 1.
The sentences will be replaced by those of labour in perpetuity: when the offence is committed in the exercise of an activity); When the offence is perpetrated in the context of an organization b) homicide.
Article 31 - Association or conspiracy to laundering will be punishable by the same penalties provided for in article 30, participation in an association or agreement for the commission of the facts referred to in the same article.
Article 32 - Sanctions for legal persons legal entities other than the State, for the account or benefit of which a subsequent offence has been committed by one of their organs or representatives, will be punished by a fine of a rate equal to five times the amount of the fines specified for individuals, without prejudice to the condemnation of the latter as authors or accomplices in the offence.
Legal persons may also be sentenced: to ban permanently or for a period of five years at the most) to exercise, directly or indirectly, certain professional activities; the final closure or for a period of five years of their b) establishments used to commit the offence; the dissolution when they were created to commit facts c) incriminated; dissemination of the decision by the press or by any other means of d) 17 audiovisual communication.
Article 33 - Sanctions imposed by the disciplinary or control authorities when, subsequently either a serious lack of vigilance, or a deficiency in the Organization of internal anti-money laundering procedures, a credit, a financial institution or any other physical or moral person referred to in article 3 will be ignored one of the obligations assigned to him by this Act; disciplinary authority or control can act officio in accordance with the professional and administrative regulations.
Article 34 - Penalties for other offences 1 - will be punished to imprisonment of 1 to 5 years and a fine of Fmg 500,000 or 100,000 MGA to 5,000,000 of Fmg or 1,000,000 ariary or one of these two penalties: people and leaders or officers of the agencies designated to a) article 3 which will have knowingly made to the owner of the sums or the author of said article referred operations revelations on the statement that they are required to make or suites booked him; those who have knowingly destroyed or removed from the records or documentation b) whose conservation is provided for in sections 10, 11, 14, and 15. those who have done or tried to do the a c under a false identity) of the operations referred to in articles 3 to 5, 7 to 10, 14 and 15; those who having knowledge by virtue of their profession, investigated d) for acts of money laundering, to have knowingly informed by all means the person or persons under investigation; those who have communicated to the judicial authorities or the e) officials competent to find violations of origin and subsequent acts or document specified in article 15 d) they knew truncated or erroneous, without informing them. those who have provided information or documents to other) people than those provided for in article 12; those who have not given to the declaration of suspicion under g) article 19, while the circumstances of the operation led to infer that the funds could come from one of the offences referred to in this article;
2. will be punished a fine of 250,000 to 2,500,000 of Fmg or 50,000 to 500,000 ariary: 18 those who have failed to make the declaration of suspicion under a) section 19; those who have carried out or accepted payments in cash for b) are higher than the amount allowed by regulation; those who have contravened the provisions of section 5 relating to the c) international transfer of funds; the leaders and agents of manual exchange, casinos, d companies) of the circles, the credit institutions and financial institutions who have contravened the provisions of articles 7 to 15.
3. people who were guilty of one or several offences specified in paragraphs 1 and 2 above may also be sentenced to the definitive prohibition or for a maximum period of five years, to practise the profession on the occasion of which the offence was committed.
Article 35 - the offence of origin

The provisions of title IV apply when well even the author of the offence of origin would be prosecuted or convicted, or when well even lacks a condition to act in justice as a result of the offence. Tortfeasor of origin may also be prosecuted for the offence of money laundering.
Section II of the confiscation Article 36 - Confiscation in the case of conviction for an offence of money laundering or attempted, will be ordered the confiscation: property objects of the offence, including income and other benefits 1) have been addressed, to some people that they belong, unless their owner establishes that he acquired them by actually paying the right price or exchange of services corresponding to their value or any other activity lawful , and that they were unaware the illicit origin; property belonging, directly or indirectly, to a convicted person 2) for fact of money laundering to spouse, her partner and her children, unless that stakeholders establish the lawful origin.
In addition, violations found by the Court, when a sentence may not be pronounced against his or her authors, shall nevertheless 19 confiscation of property on which the offence was.
Can, moreover, be pronounced the confiscation of assets wherever they are, come, directly or indirectly, in the heritage of the convicted person, his spouse, his partner and his children, since the date of the oldest facts justifying his conviction, unless the interested parties not to establish the lawful origin.
When there is confusion of goods originating directly or indirectly from the offence and to property acquired legitimately, the confiscation of property is ordered to the value estimated by the jurisdiction, resources and above goods.
The decision ordering confiscation designates the goods concerned and the details necessary for their identification and location.
When the property to be confiscated cannot be represented, confiscation may be ordered in value.
Article 37 - Order confiscation when the facts can lead to prosecution, the public prosecutor may ask a judge order the confiscation of the seized property.
The application the judge may make an order of forfeiture: if proof is provided that the goods are the product of a crime or 1) an offence within the meaning of this Act; If the perpetrators of the acts that generated the products may not be prosecuted either 2) because they are unknown, or because there is a legal impossibility in the prosecution of the Chief of these facts, except in the case of prescription.
Article 38 - Confiscation of the assets of a criminal organization must be confiscated property over which a criminal organization has power of disposal, when these goods relate to the offence.
Article 39 - Nullity of certain acts is zero, any past Act for consideration or free inter vivos or for cause of death which is designed to subtract property to confiscation measures provided for in articles 36 to 38.
20. in case of cancellation of a contract for consideration, the price is returned to the purchaser insofar as it was actually paid.
Article 40 - Fate of confiscated property resources or confiscated assets are vested in the State which may assign them to a fund to combat organized crime or drug trafficking. They remain at their value of real rights lawfully constituted at the profits of third parties.
In the event of confiscation pronounced by default, confiscated property are vested in the State and liquid according to the procedures laid down in this area. However, if the tribunal, ruling on opposition, relaxes the person sued, he ordered restitution in value by the State of forfeited property, unless it is established that the goods are the product of a crime or an offence.
General provisions title V COOPERATION Article 41 International - Madagascar authorities undertake to cooperate in the fullest extent possible with those of other States for the purposes of exchange of information, investigation and procedure, interim measures and confiscation of the instruments and products related to money laundering, for the purpose of extradition, as well as for mutual technical assistance.
Chapter I of the Article 42 mutual legal assistance requests - requests for assistance object has the request of a foreign State, requests for assistance relating to the offences provided for in articles 30, 31 and 34 of this Act are carried out in accordance with the principles laid down in this title. Assistance may include: the collection of testimony or depositions;  the provision of assistance for the provision of the authorities of the State  applicant detained persons or other persons, for the purposes of evidence or assistance in the conduct of the investigation; the delivery of court documents;  the search and seizure;  21 examination of objects and places;  providing information and exhibits;  providing originals or certified copies of records, and  relevant documents including bank statements, accounting documents, registers showing the operation of a business or commercial activities.
Article 43 - The refusal to perform the request for assistance may be refused only: if she is not a competent authority according to the law of the country has) applicant, or if it has not been transmitted regularly. If execution might adversely affect public order, sovereignty, to the b) security or fundamental principles of law in Madagascar; If the facts on which she wears are the subject of criminal proceedings or already have c) is the subject of a final decision on the territory of Madagascar. If the offence referred to in the request is not provided for in the legislation of d) Madagascar or don't present any common characteristics with an offence under its law; If the measures requested, or any other measures having similar effects, not e) are not allowed by the legislation of Madagascar or are not applicable to the offence referred to in the request, according to the legislation of Madagascar; If the requested measures cannot be imposed or executed due to f) limitation of the money laundering offence according to the law of Madagascar or the law of the requesting State; If the decision whose enforcement is requested is not binding according to the g) legislation of Madagascar; If the foreign decision under conditions offering no h) guaranteed sufficient in terms of the rights of the defence; If there is serious reason to believe that the requested measures or the decision i) requested are intended person because of his race, religion, nationality, of his ethnic origin, political opinions, sex or status; If the request concerns a political offence or is motivated by some j) political considerations; If the importance of the case does not justify the requested measures or enforcement of k) the decision abroad.
Banking secrecy cannot be invoked to deny the request.
The Crown may appeal the decision for refusal of enforcement made 22 by a court within 3 days following this decision.
The Government of Madagascar shall inform without delay the foreign Government the reasons for the refusal of enforcement of its application.
Article 44 - Request for measures of inquiry and instruction measures investigation and instruction are executed according to the law of Madagascar unless the authorities competent foreign have asked to be performed according to a specific form compatible with its legislation.
A magistrate or an official delegated by the foreign competent authority may attend the execution of measures depending on whether they are performed by a magistrate or an officer.
Article 45 - Request for provisional measures the court seised by a competent authority that is foreign to the purpose to pronounce interim measures orders requested measures according to its own legislation. It can also take a measure whose effects correspond the most to the measures requested. If the application is in general terms, the Court pronounced the most appropriate measures provided for by the legislation.
In the event that she opposes the execution of measures not provided for by its legislation, the court seised of an application pronounced abroad can substitute measures provided for by this legislation which effects are most suited to those whose enforcement is requested.
Release of provisional measures provisions, provided for in article 29 (2) of this Act are applicable.
Article 46 - Request for confiscation in the case of a request for legal assistance in order to pronounce a decision of confiscation, the Court shall rule on referral to the authority responsible for the prosecution. The decision on confiscation must target an asset constituting the product or the instrument of an offence, which is on the territory of Madagascar, or consist of the obligation to pay a sum of money corresponding to the value of this property.

The court hearing an application for enforcement of a decision of confiscation pronounced abroad is bound by the findings of fact on which the decision is based and may not refuse to grant the request for one of the 23 patterns listed in article 43.
Article 47 - Fate of confiscated property the State Malagasy has the power of disposal over the goods confiscated on its territory at the request of foreign authorities, unless an agreement concluded with the requesting Government decides otherwise.
Chapter II extradition Article 48 - Obligation to extradite requests for extradition of persons sought for the purpose of proceedings in a foreign State are executed for offences provided for in articles 30, 31 and 34 of this Act or for the purposes of enforcing a sentence related to such an offence.
Procedures and principles provided for by the Treaty of extradition in force between the requesting State and Madagascar are applied.
In the absence of Treaty of extradition or legislative provisions, extradition is executed according to the procedure and in accordance with the principles defined by the Model Treaty on extradition adopted by the General Assembly of the United Nations in its resolution 45/116.
In all cases, the provisions of this Act, form the legal basis for extradition proceedings concerning the offences referred to in articles 30, 31, 34 § 1.
Article 49 - Double incrimination under the terms of this Act, extradition will be executed only when the offence giving rise to extradition or a similar offence is provided for in the legislation of the requesting State and the Malagasy State.
Article 50 – Mandatory grounds for refusal of extradition cannot be granted: If the offence for which extradition is requested is considered by a) Madagascar as a character of political offence, or if the request is motivated by political considerations. If there are serious grounds to believe that the extradition request has been b) 24 presented to continue punishing a person because of his race, religion, nationality, ethnic origin, political opinions, sex or status, or that it might be infringed in the circumstances of this person for one of these reasons; If a final judgment has been given in Madagascar at a rate of c) the offence for which extradition is requested; If the individual whose extradition is requested cannot, under the d) law of one or other of the countries, being prosecuted or punished, because of the time that has passed an amnesty or any other reason; If the individual whose extradition is requested has been or would be subjected in e) the requesting State to torture and other punishments or cruel, inhuman or degrading treatment or if he has not received or would not benefit from minimum guarantees in criminal proceedings, by article 14 of the international Covenant on Civil and political rights; If the requesting State judgment in the absence of the person concerned and f) if it has not been warned sufficiently early judgment and has not had the opportunity to arrange for his defence, and could not, or will not retry the case in his presence.
Article 51 - Optional grounds for refusing extradition may be refused: If the competent authorities of Madagascar decided not to hire a) legal action against the person for the offence for which extradition is requested, or to terminate the proceedings against that person for the said offence; If the prosecution for the offence for which extradition is requested b) are underway in Madagascar against the individual whose extradition is requested; If the offence for which extradition is requested has been committed outside c) territory one or the other country and that, according to the legislation, Madagascar is not competent with regard to the offences committed outside its territory in comparable circumstances; If the individual whose extradition is requested has been judged or might be deemed d) or sentenced in the State requiring a special court or a special court; If Madagascar, while also taking into consideration the nature of the offence and e) the interests of the requesting State, considers that given the circumstances of the case, the extradition of the person in question would be incompatible with humanitarian considerations in view of age, State of health or other circumstances of personal said individual. If the offence for which extradition is requested is considered by the f) 25 law of Madagascar as having been committed in whole or in part within its territory; If the individual whose extradition is requested incurs the death penalty for the g) made accusations in the requesting country, unless it offers sufficient guarantees that the penalty will not be executed.
(h) if the person whose extradition is requested is a national of Madagascar.
Article 52 - Obligation in case of refusal of extradition if Madagascar refuses extradition for a reason referred to in point f) or g) of article 51, it will submit the case at the request of the requesting State, to its competent authorities so that lawsuits can be brought against the person for the offence that prompted the request.
Article 53 - Delivery of items within the limits allowed by national law, and without prejudice to the rights of third parties, all assets found on the territory of Madagascar whose acquisition is the result of the offence committed or that may be required as evidence are handed over to the requesting State, if requested and if the extradition is granted.
The property in question may, if the State requesting the request, be returned to this State even if the granted extradition cannot be carried out.
When the goods are likely to seizure or confiscation in the territory of Madagascar, the State may, temporarily, keep or return them.
Where national law or the rights of third parties so require, thus delivered goods will be returned to Madagascar without charge, once the procedure completed, if requested by Madagascar.
Chapter III common provisions Article 54 - Nature extradition requests and requests for assistance policy of the offence within the meaning of this Act, the offences referred to in articles 30, 31, and 34 §1 will not be considered as offences of a political nature.
Article 55 - Transmission of applications 26 requests from competent foreign authorities for the purpose of establishing facts money laundering, in order to run or rule of provisional measures or confiscation, or for the purpose of extradition are transmitted through diplomatic channels. In an emergency, they can be subject of a communication through the international organization of Criminal Police (ICPO/Interpool) or direct communications by foreign authorities, the judicial authorities to Madagascar, either by mail, or by any other means of faster transmission, leaving a written or materially equivalent record. In such cases, lack of notice through diplomatic channels, requests have no immediately useful.
Applications and their annexes must be accompanied by a translation into a language acceptable by Madagascar.
Article 56 - Content of applications applications must specify: the authority requesting the measure; 1. the authority required; 2. the purpose of the request and any comments relevant to its context; 3. the facts which justify; 4. all known elements likely to facilitate the identification of individuals 5. concerned including civil status, nationality, the address and the profession; all information necessary to identify and locate people, 6. instruments, resources or property; the text of the statutory provision creating the offence or, if necessary, a 7. statement of the law applicable to the offence, and an indication of the penalty for the offence.
In addition, applications must include the following cases: in the case of a request for provisional measures, a description of the 1) measures requested; in case of a decision of confiscation, a presentation of the 2) facts and arguments relevant to allow the judicial authorities to order the confiscation, under domestic law; in case of request for enforcement of a decision of provisional measures or 3) confiscation: a certified copy of the decision and, if it sets them  no, its grounds;
27 an attestation that the judgment is enforceable and is not likely  ordinary remedies; the indication of the limits in which the decision is to be enforced  and, if any, of the amount of the sum to recover on the property; If it is necessary and possible, all information relating to the rights as third parties  can claim on the instruments, resources, goods or other things covered,

(4) in the case of a request for extradition, if the individual has been convicted of an offence, the judgment or a certified copy of the judgment or other document establishing the guilt of the person concerned has been recognized and indicating the sentence, the fact that the judgment is enforceable and the extent in which sentencing has not been executed.
Article 57 - Processing. the Minister of Justice of Madagascar, after ensuring the regularity of the request, forwards it to the public prosecutor of the place where the investigations should be made, the place where the resources or assets, the place where the person whose extradition is requested.
The Crown seized the competent officials of the requests for investigation and the jurisdiction in which the interim measures, confiscations and extradition requests.
A magistrate or an official delegated by the foreign competent authority may attend the execution of measures depending on whether they are performed by a magistrate or an officer.
Article 58 - Additional information the Minister of Justice or the public prosecutor, either on his initiative or at the request of the Court, may solicit, through diplomatic channels or directly, the competent foreign authority for purposes to providing all additional information necessary to execute the request or to facilitate the execution.
Article 59 - Demand confidentiality when the request that its existence and its content are kept confidential, it's done right, except insofar as necessary to give effect. If not possible, the requesting authorities shall be informed without delay.
28 section 60 - Stay of execution the public prosecutor may defer to seize the police authorities or the Court that if the measures or the requested ruling may be prejudicial to investigations or to ongoing procedures. It must immediately inform the requesting authority through diplomatic channels or directly.
Article 61 - Procedure simplified extradition for the offences provided by this Act and if the individual whose extradition is requested explicitly, consents Madagascar may grant extradition after receipt of the request for provisional arrest.
29 section 62 - Non-use of the evidence for other purposes communication or use, for investigations or proceedings other than those provided by foreign demand, of the evidence it contains is prohibited from invalidity of the said investigations and procedures, unless prior consent of the foreign Government.
Article 63 - Costs the costs incurred to run the applications referred to in this title are dependant of the Malagasy State, unless otherwise agreed with the requesting country.
Title VI provisions various section 64-without prejudice to the application of the provisions of paragraph 2 of article 30 of this Act, the minimum fine set in article 102 of Act No. 97-039 of 4 November 1997 is increased to 500,000 of Fmg or 100,000 ariary.
Article 65 - This Act shall be published in the Official Journal of the Republic. It will be run as State law.
Antananarivo, July 08, 2004 the PRESIDENT of the National Assembly the PRESIDENT of the Senate LECHAT RAMAMPY married Zénaïde RAJEMISON RAKOTOMAHARO 30 p.i