Disposal of confiscated proceeds of crime or property

Recalling the United Nations Convention against Transnational Organized Crime, in particular its articles 12, paragraph 1, 13 and 14,

Agreement between the Government of ____________________ and the Government of ____________________ regarding the sharing of confiscated proceeds of crime or property

Mechanisms for recovery of property through international cooperation in confiscation

Model Bilateral Agreement on the Sharing of Confiscated Proceeds of Crime or Property

Model Bilateral Agreement on the Sharing of Confiscated Proceeds of Crime or Property

1. In sharing confiscated proceeds of crime or property in accordance with this Agreement

1. Where a Party proposes to share confiscated proceeds of crime or property with the other Party, it shall

In February 2008, the parliament passed a similar law on the return of property confiscated from non Muslim minorities...

The provisions shall, however, continue to apply in relation to confiscated proceeds of crime or property to be shared under this Agreement.

(c) In all other cases, give priority consideration to returning confiscated property to the requesting State Party, returning such property to its prior legitimate owners or compensating the victims of the crime.

(g) Confiscation , which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court or other competent authority

2.3 Article 40 of the Act excludes from its sphere of application property that was situated in the former Portuguese colonies, referring such cases to the legislation of the State in which the expropriated property is situated.

(g) Confiscation , which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court or other competent authority

Some representatives informed the meeting that, in their countries, funds or accounts had been established where confiscated proceeds of crime or property were deposited and could be made available for sharing.

(a) The proportion of the confiscated proceeds of crime or property to be shared shall be determined by the Parties on a quantum meruit basis or on any other reasonable basis agreed upon by the Parties

Urges Member States to inform the Secretary General periodically of efforts undertaken to establish agreements in the area of sharing confiscated proceeds of crime or property

We urge the Government of Israel to substantially implement the Court's decision, particularly with regard to halting the construction, dismantling the wall and returning property confiscated in that connection.

He stated that he was eventually acquitted of the bribery charge but by the time Iraq agreed to return the confiscated property, the invasion of Kuwait had commenced.

At its 1st meeting, on 26 January, several representatives made presentations on national systems for sharing confiscated proceeds of crime or property.

Representatives also indicated how confiscated proceeds of crime or property were returned or shared according to their national systems and how they had been disposed of in specific cases.

The Parties agree that it may not be appropriate to share where the value of the confiscated proceeds of crime or property is de minimis, subject to previous consultations between them.

confiscation.

In making the transfer, the Parties recognize that all right or title to and interest in the transferred proceeds of crime or property have already been adjudicated and that no further judicial proceedings are necessary to complete the confiscation.

5. Where appropriate, States Parties may also give special consideration to concluding agreements or mutually acceptable arrangements, on a case by case basis, for the final disposal of confiscated property.

Where the domestic law of a State requires it to sell confiscated proceeds of crime or property and only permits it to share funds, this provision may be unnecessary.

Confiscation and seizure

Unless otherwise agreed, where a Party transfers confiscated proceeds of crime or property pursuant to article 5, paragraph 1 (b), of this Agreement, the other Party shall use the proceeds of crime or property for any lawful purpose at its discretion.

2. On receipt of a request for sharing confiscated proceeds of crime or property made in accordance with the provisions of this article, the Party where confiscated proceeds of crime or property are located shall share with the other Party such proceeds of crime or property, as set out in article 3 of this Agreement.

Most representatives indicated that their national systems required final confiscation, obtained on the basis of a judgement, as a precondition for the sharing of proceeds of crime or property and outlined the different means by which confiscation could be obtained.

Before the draft decision was adopted, the representative of Cuba made a statement after it was adopted, the representative of the United States made a statement (see E 2005 SR.9).

International cooperation for purposes of confiscation

During the presentations the relevance and the importance of sharing confiscated proceeds of crime or property was generally recognized as a matter of fairness as well as for the role that it could play in fostering and strengthening international cooperation in criminal matters.

A special regime with regard to German external assets and other property seized in connection with the Second World War was created under the Convention on the Settlement of Matters Arising out of the War and the Occupation (chapter six), which was signed in 1952 at Bonn.

The new Act would also have a provision allowing the establishment of a fund derived from money or properties confiscated from human trafficking related offences which would be used for the protection and suppression of human trafficking, including welfare protection of victims.

(a) Determine, at its discretion and in accordance with its domestic law and policies, the proportion of the confiscated proceeds of crime or property to be shared, which, in its view, corresponds to the extent of the cooperation afforded by the other Party and

(b) The Party holding the confiscated proceeds of crime or property shall transfer a sum equivalent to that proportion set forth in subparagraph (a) above to the other Party in accordance with article 6 of this Agreement.

(ii) Whether they have had specific cases where confiscated proceeds of crime or property have been returned or shared, as outlined in article 14, paragraphs 2 and 3 (b), of the Convention and, if so, how that has been done.

While some representatives pointed out that, according to their national systems, there must be a formal international agreement in order to proceed with the sharing of confiscated proceeds of crime or property, others indicated that such sharing could also be regulated on the basis of reciprocity.

(iv) International cooperation for purposes of confiscation (article 13)

Adopts the Model Bilateral Agreement on the Sharing of Confiscated Proceeds of Crime or Property, annexed to the present resolution, as a useful framework that could be of assistance to States interested in negotiating and concluding bilateral agreements to facilitate the sharing of proceeds of crime

(v) Disposal of confiscated proceeds of crime (article 14)

The issue of confiscation raised many questions.

(v) Disposal of confiscated proceeds of crime (article 14)

(ii) Whether they had had specific cases where confiscated proceeds of crime or property had been returned or shared, as outlined in article 14, paragraphs 2 and 3 (b), of the Convention and, if so, the legal framework within which that had been done.