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United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
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confiscation
[
Global Index
]
ARTICLE-1
[
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]
... (f) "
Confiscation
", which includes forfeiture where applicable, means the
permanent
deprivation
of
property
by
order
of a
court
or other
competent authority
; ...
ARTICLE-3
[
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]
... 4. (a) Each
Party
shall make the
commission
of the
offences
established
in
accordance
with paragraph 1 of this
article
liable
to
sanctions
which take into
account
the
grave nature
of these
offences
, such as
imprisonment
or other forms of
deprivation of liberty
,
pecuniary sanctions
and
confiscation
. ...
ARTICLE-5
[
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]
...
CONFISCATION
...
... 1. Each
Party
shall
adopt
such
measures
as may be necessary to enable
confiscation
of: ...
... 2. Each
Party
shall also
adopt
such
measures
as may be necessary to enable its
competent authorities
to
identify
,
trace
, and
freeze
or
seize
proceeds,
property
,
instrumentalities
or any other things referred to in paragraph 1 of this
article
, for the
purpose
of eventual
confiscation
. ...
... (i) Submit the
request
to its
competent authorities
for the
purpose
of obtaining an
order
of
confiscation
and, if such
order
is
granted
, give
effect
to it; or ...
... (ii) Submit to its
competent authorities
, with a
view
to giving
effect
to it to the
extent
requested, an
order
of
confiscation
issued by the requesting
Party
in
accordance
with paragraph l of this
article
, in so far as it relates to proceeds,
property
,
instrumentalities
or any other things referred to in paragraph l situated in the
territory
of the requested
Party
. ...
... (b) Following a
request
made pursuant to this
article
by another
Party
having
jurisdiction
over an
offence
established
in
accordance
with
article
3
, paragraph l, the requested
Party
shall take
measures
to
identify
,
trace
, and
freeze
or
seize
proceeds,
property
,
instrumentalities
or any other things referred to in paragraph l of this
article
for the
purpose
of eventual
confiscation
to be ordered either by the requesting
Party
or, pursuant to a
request
under subparagraph (a) of this paragraph, by the requested
Party
. ...
... (i) In the
case
of a
request
pertaining to subparagraph (a)(i) of this paragraph, a
description
of the
property
to be
confiscated
and a
statement
of the
facts
relied upon by the requesting
Party
sufficient to enable the requested
Party
to
seek
the
order
under its
domestic law
; ...
... (ii) In the
case
of a
request
pertaining to subparagraph (a)(ii), a legally admissible
copy
of an
order
of
confiscation
issued by the requesting
Party
upon which the
request
is based, a
statement
of the
facts
and
information
as to the
extent
to which the
execution
of the
order
is requested; ...
... (a) Proceeds or
property
confiscated
by a
Party
pursuant to paragraph 1 or paragraph 4 of this
article
shall be disposed of by that
Party
according to its
domestic law
and
administrative
procedures
. ...
... (b) If proceeds have been intermingled with
property
acquired from
legitimate
sources
, such
property
shall, without
prejudice
to any
powers
relating to
seizure
or
freezing
, be
liable
to
confiscation
up to the assessed
value
of the intermingled proceeds. ...
... 7. Each
Party
may consider ensuring that the onus of
proof
be reversed regarding the
lawful
origin
of alleged proceeds or other
property
liable
to
confiscation
, to the
extent
that such
action
is consistent with the
principles
of its
domestic law
and with the
nature
of the
judicial
and other
proceedings
. ...
ARTICLE-14
[
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]
... 5. The
Parties
may also take necessary
measures
for early
destruction
or
lawful
disposal
of the
narcotic drugs
,
psychotropic substances
and
substances
in Table I and Table II which have been seized or
confiscated
and for the
admissibility
as
evidence
of duly
certified
necessary
quantities
of such
substances
. ...
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