RESTRICTED
155170 MDLOAN 0517
(V) ARTICLE 6: YOU SHOULD NOT NEED A SINGLE CRIMINALITY GROUNDS FOR REFUSAL (1D) IF YOU INCLUDE AN AGREED DEFINITION OF DRUG TRAFFICKING.
:
(VI) ARTICLE 7: YOU MAY WISH TO AMEND THIS ARTICLE TO BRING IT INTO LINE WITH ARTICLE 6 OF OUR MODEL. PARA 1 OF
YOUR DRAFT OMITS THE CIRCUMSTANCES WHERE A CONFISCATION ORQER HAS BEEN MADE BUT RESTRAINT IS REQUIRED TO PREVENT DISSIPATION OF THE ASSETS. PARA 2(A) REFERS TO BENEFIT WHICH HAS A SPECIFIC MEANING UNDER THE DRUG TRAFFICKING OFFENCES ACT. WE HAVE FOUND IT EASIER TO USE A MORE GENERAL WORDING IN OUR BILATERAL
AGREEMENTS.
(VII) ARTICLE 8: AS WITH RESTRAINT YOU MAY FIND IT PREFERABLE TO USE THE WORDING IN OUR NEW MODEL ON CONFISCATION. THE CURRENT WORDING OF PARA 1 DOES NOT TAKE ACCOUNT OF THE SITUATION WHERE A CONFISCATION ORDER IS THE RESULT OF SEPARATE PROCEEDINGS FROM THE TRIAL ITSELF (A PROCEDURE FOLLOWED IN A NUMBER OF COUNTRIES). PARAS 2 AND 4 OF YOUR DRAFT ALSO REFER TO ENFORCING AN ORDER WHEN WHAT YOU WOULD IN FACT BE DOING IS ASSISTING IN ENFORCING ANOTHER COUNTRY'S ORDER. THE WORDING OF PARA 3(D) COULD BE IMPROVED BY SUBSTITUTING QUOTE PROPERTY AVAILABLE FOR ENFORCEMENT UNQUOTE FOR QUOTE PROPERTY TO BE CONFISCATED UNQUOTE AS THE CONFISCATION ORDER WILL BE A GENERAL ORDER NOT ONE DIRECTED AT A SPECIFIC PIECE OF PROPERTY. FINALLY WE WONDERED WHY YOU HAD OPTED FOR THE WORDING IN PARA 5. WE PREFER TO USE THE FORMULATION QUOTE PROCEEDS CONFISCATED PURSUANT TO THIS AGREEMENT SHALL BE RETAINED BY THE REQUESTED PARTY UNLESS OTHERWISE AGREED UPON BETWEEN THE PARTIES UNQUOTE TO KEEP OPEN THE OPTION OF ASSET SHARING.
(VIII) ARTICLE 9: YOU MAY SEE ADVANTAGE IN INCLUDING A GENERAL SAVING PROVISION AS THERE MAY BE CIRCUMSTANCES WHERE DISCLOSURE
IS REQUIRED TO GIVE EFFECT TO A REQUEST.
(IX) ARTICLE 10: WE HAVE A SIMPLIFIED CLAUSE ON AUTHENTICATION IN
THE NEW MODEL.
3. IN YOUR TELNO 4097 YOU SUGGESTED THAT WE SHOULD ADOPT WORKING
GUIDELINES BEFORE GOING AHEAD WITH THE EXCHANGE OF LETTERS ON QESIGNATION. WE AGREE THAT WE WILL NEED DETAILED GUIDELINES IF THE MECHANICS OF COOPERATION ARE TO WORK PROPERLY BETWEEN US. HOWEVER, TO AVOIQ QELAY, WE WOULD PREFER TO GO AHEAD WITH THE EXCHANGE OF LETTERS ON DESIGNATION BEFORE ATTEMPTING TO DRAFT FURTHER GUIDELINES. THIS WOULD ALLOW US TO INCLUDE HONG KONG IN
2
PAGE
RESTRICTED