Artikel 45

1. A State Party that, in relation to a crime to which it applies this Convention, has received a request for confiscation of the proceeds of crime or property, the value of which corresponds to that of such proceeds, including laundered property, or of property, equipment or other instrumentalities used or destined for use in such crimes, or other property for the purposes of providing reparations to victims in accordance with article 83, paragraph 3, situated in its territory, shall, to the greatest extent possible and in accordance with its domestic law, either:
a) Submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such an order is granted, give effect to it; or
b) Submit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by a court in the territory of the requesting State Party, insofar as it relates to the proceeds of crime, property, equipment or other instrumentalities used or destined for use in the crimes to which it applies this Convention, or other property for the purposes of providing reparations to victims in accordance with article 83, paragraph 3, situated in the territory of the requested State Party.
2. Following a request made by another State Party having jurisdiction over a crime to which it applies this Convention, the requested State Party shall, to the greatest extent possible in accordance with its domestic law, take measures to identify, trace and freeze or seize the proceeds of crime, property, equipment or other instrumentalities used or destined for use in the crimes to which it applies this Convention, for the purposes of eventual confiscation to be ordered either by the requesting State Party or, pursuant to a request under paragraph 1, by the requested State Party.
3. If the proceeds of crime have been transformed or converted, in part or in full, into other property, such property shall be subject to the measures referred to in this article instead of the proceeds of crime.
4. If the proceeds of crime have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled proceeds of crime.
5. Income or other benefits derived from the proceeds of crime, from property into which the proceeds of crime have been transformed or converted, or from property with which the proceeds of crime have been intermingled shall also be subject to the measures referred to in this article, in the same manner and to the same extent as the proceeds of crime.
6. For the purposes of this article, each State Party shall empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized. States Parties shall not decline to act under the provisions of this paragraph on the ground of bank secrecy.
7. The provisions of paragraph 1 may also apply to confiscation consisting in a requirement to pay a sum of money corresponding to the value of the proceeds of crime, if property on which the confiscation can be enforced is located in the requested State Party. In such cases, when enforcing confiscation pursuant to paragraph 1, the requested State Party may, if payment is not obtained, effectuate the claim on any property available for that purpose.
8. States Parties may co-operate insofar as their respective domestic law allows with those States Parties which request the execution of measures that are equivalent to confiscation leading to the deprivation of property and are not criminal sanctions, insofar as such measures are ordered by a judicial authority of the requesting State Party in relation to crimes to which it applies this Convention, provided that it has been established that the property constitutes proceeds of crime, or other property as referred to in paragraphs 3 to 5.
9. In addition to the information specified in article 25, requests made in accordance with this article shall contain:
a) In the case of a request pertaining to paragraph 1, subparagraph (a), a description of the property or assets to be confiscated, and a statement of the facts relied upon by the requesting State Party sufficient to enable the requested State Party to seek the order under its domestic law;
b) In the case of a request pertaining to paragraph 1, subparagraph (b), a legally admissible copy of an order of confiscation upon which the request is based issued by the requesting State Party, a statement of the facts and information as to the extent to which execution of the order is requested;
c) In the case of a request pertaining to paragraph 2, a statement of the facts relied upon by the requesting State Party and a description of the actions requested.
10. The decisions or actions provided for in paragraphs 1 and 2 shall be taken by the requested State Party in accordance with and subject to the provisions of its domestic law and procedural rules or any existing bilateral or multilateral convention, agreement or arrangement with the requesting State Party.
11. The provisions of this article shall not be construed to prejudice the rights of third parties acting in good faith.