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Approves The Council Of Europe Convention On Laundering, Search, Seizure And Confiscation Of The Proceeds From Crime And The Financing Of Terrorism, Adopted In Warsaw On 16 May 2005

Original Language Title: Aprova a Convenção do Conselho da Europa Relativa ao Branqueamento, Detecção, Apreensão e Perda dos Produtos do Crime e ao Financiamento do Terrorismo, adoptada em Varsóvia em 16 de Maio de 2005

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CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Resolution No. 131 /X/4.

1

Considering that the Convention of the Council of Europe on Bleaching,

Detection, Seizure and Loss of the Products of Crime and the Financing of Terrorism,

was opened for signature, in Warsaw, on May 16, 2005, having been signed by

Portugal on the same date;

Recognizing that this Convention comes to respond to the need felt within the

Council of Europe to update the Convention Relative to Bleaching, Detection,

Apprehension and Loss of the Products of Crime, 1990, by extending its substantive regime to the

prevention and repression of the financing of terrorism;

Attending to which the Convention will meet the international standards in force in

matter for the prevention of money laundering and the financing of terrorism,

passing on to constitute a legal instrument of reference for the Member States of the

Council of Europe.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a Resolution:

Article 1.

To approve the Council of Europe Convention on Bleaching, Detection,

Apprehension and Loss of the Products of Crime and the Financing of Terrorism, adopted

in Warsaw on May 16, 2005, the text of which, in the English-language authenticated version and

their respective translation into Portuguese language, is listed in annex.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Resolution No. 131 /X/4.

2

Article 2.

The Portuguese Republic formulates, in the terms provided for in the Convention referred to in the article

previous, the following statements:

a) For the purposes of Article 17 of the Convention, the Portuguese Republic declares that the

said provision only applies to the categories of constant offences of the

Annex to the Convention on Bleaching, Detection, Seizure and Loss of the

Products of Crime and the Financing of Terrorism as defined by their

legislation;

b) The application of Article 31 (2) of the Convention shall be contingent upon the existence of

bilateral or multilateral agreements of mutual legal aid between the Republic

Portuguese and the Party of origin;

c) For the purposes of Article 33 of the Convention, the Portuguese Republic declares that the

central authority is the Attorney General of the Republic, sita on the Street of the School

Polytechnic, n. 140, 1269-269, Lisbon;

d) For the purposes of the provisions of Article 35 of the Convention, the Portuguese Republic

declares that the enquiries and attached parts that are directed to it must be

accompanied by the respective translation for Portuguese language or for one of the

official languages of the Council of Europe;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Resolution No. 131 /X/4.

3

e) For the purposes of the provisions of Article 42 of the Convention, the Portuguese Republic

declares that the information or evidence of evidence provided by the State

Portuguese may not, without your consent, be used or transmitted

by the authorities of the requesting Party for the purposes of research or procedure

different from those specified in the application.

Seen and approved in Council of Ministers of May 7, 2009

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Parliamentary Affairs