BWBV0006928
Geldig vanaf 01-08-2023
Artikel 17
Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Arabische Emiraten inzake wederzijdse rechtshulp in strafzaken
1. For the purpose of this Agreement:
a) proceeds of crime shall mean: any economic advantage derived from or obtained, directly or indirectly, from criminal offences, which may consist of any property of any description whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencing a title to or interest in such property;
b) instrumentalities of crime shall mean: any property, including a bank account, used or intended to be used, in any manner, wholly or in part, to commit a criminal offence or criminal offences.
2. The Requested Party shall, upon request, endeavour to ascertain whether any proceeds and/or instrumentalities of crimes are located within its jurisdiction. The Requesting Party shall notify the Requested Party of the basis of its beliefs that such proceeds and/or instrumentalities of crime may be located in the latter’s jurisdiction.
3. The Requested Party shall notify the Requesting Party of the results of its inquiries. The Requested party shall provide the particulars of one or more bank accounts specified in the request and/or any transactions performed with the account.
4. Where, pursuant to Paragraph 3 of this Article, suspected proceeds and/or instrumentalities of crimes are found, the Requested Party shall take such measures as are permitted by its national law to prevent any dealing in, transfer or disposal of, those suspected proceeds and/or instrumentalities of crimes, pending a final determination in respect of those proceeds by a court of the Requesting Party.
5. The Requested Party shall, to the extent its national law permits, give effect to a final order forfeiting or confiscating the proceeds and/or instrumentalities of crimes made by a court of the Requesting Party.
6. In the application of this Article, the rights of any bona fide third party shall be respected under the national law of the Requested Party. Where there is a claim from a third party, the Requested Party shall represent the interests of the Requesting Party in seeking to retain the proceeds and/or instrumentalities of crimes until a final determination by a competent court in the Requesting Party.
7. The Requested Party shall return the proceeds and/or instrumentalities of crimes referred to in Paragraph 3 of this Article, or the value of the proceeds and/or instrumentalities, to the Requesting Party, to the extent permitted by its national laws and upon such terms as it deems appropriate.
a) proceeds of crime shall mean: any economic advantage derived from or obtained, directly or indirectly, from criminal offences, which may consist of any property of any description whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencing a title to or interest in such property;
b) instrumentalities of crime shall mean: any property, including a bank account, used or intended to be used, in any manner, wholly or in part, to commit a criminal offence or criminal offences.
2. The Requested Party shall, upon request, endeavour to ascertain whether any proceeds and/or instrumentalities of crimes are located within its jurisdiction. The Requesting Party shall notify the Requested Party of the basis of its beliefs that such proceeds and/or instrumentalities of crime may be located in the latter’s jurisdiction.
3. The Requested Party shall notify the Requesting Party of the results of its inquiries. The Requested party shall provide the particulars of one or more bank accounts specified in the request and/or any transactions performed with the account.
4. Where, pursuant to Paragraph 3 of this Article, suspected proceeds and/or instrumentalities of crimes are found, the Requested Party shall take such measures as are permitted by its national law to prevent any dealing in, transfer or disposal of, those suspected proceeds and/or instrumentalities of crimes, pending a final determination in respect of those proceeds by a court of the Requesting Party.
5. The Requested Party shall, to the extent its national law permits, give effect to a final order forfeiting or confiscating the proceeds and/or instrumentalities of crimes made by a court of the Requesting Party.
6. In the application of this Article, the rights of any bona fide third party shall be respected under the national law of the Requested Party. Where there is a claim from a third party, the Requested Party shall represent the interests of the Requesting Party in seeking to retain the proceeds and/or instrumentalities of crimes until a final determination by a competent court in the Requesting Party.
7. The Requested Party shall return the proceeds and/or instrumentalities of crimes referred to in Paragraph 3 of this Article, or the value of the proceeds and/or instrumentalities, to the Requesting Party, to the extent permitted by its national laws and upon such terms as it deems appropriate.
- Citeren als
- Art. 17
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006928
- Officiële bron
- wetten.overheid.nl