(3)
The Requesting Party shall observe any conditions as to return and safe
custody imposed by the Requested Party in relation to any seized property which is delivered
to the Requesting Party.
ARTICLE XIX
PROCEEDS OF CRIME
[(1)
The Requested Party shall, upon request, endeavour to ascertain whether any
proceeds or instruments of a crime are located within its jurisdiction and shall notify the
Requesting Party of the result of its inquiries. In making the request, the Requesting Party
shall notify the Requested Party of the basis of its belief that such proceeds or instruments
may be located in its jurisdiction.]
[(1)
[OR]
The Requested Party shall, upon request, endeavour to ascertain whether any
proceeds or instruments of a crime under the law of the Requesting Party, and which if the
conduct were to occur in the jurisdiction of the Requested Party would be a crime under the
law of the Requested Party, are located within its jurisdiction and shall notify the Requesting
Party of the result of its inquiries. In making the request, the Requesting Party shall notify
the Requested Party of the basis of its belief that such proceeds or instruments may be
located in its jurisdiction.]
(2)
Where suspected proceeds or instruments of crime are found, the Requested
Party shall take such measures as are permitted by its law to prevent any dealing in, transfer
or disposal of, those suspected proceeds or instruments of crime, pending a final
determination in respect of those proceeds or instruments by a court of the Requesting Party.
(3)
Where a request is made for assistance in securing the confiscation of proceeds
or instruments such assistance shall be given by whatever means are permitted by the law of
the Requested Party. This may include enforcing an order made by a court in the Requesting
Party and initiating or assisting in proceedings in relation to the proceeds or instruments to
which the request relates.
15