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COUNCIL OF EUROPE

European Treaties


ETS No. 141


CONSEIL DE L'EUROPE

Traités Européens


STE N° 141


CONVENTION ON LAUNDERING, SEARCH,

SEIZURE AND CONFISCATION OF THE PROCEEDS FROM CRIME


Strasbourg, 8.XI.1990


Preamble


The member States of the Council of Europe and the other States signatory hereto,


Considering that the aim of the Council of Europe is to achieve a greater unity between its members;


Convinced of the need to pursue a common criminal policy aimed at the protection of society;


Considering that the fight against serious crime, which has become an increasingly international problem, calls for the use of

modern and effective methods on an international scale;


Believing that one of these methods consists in depriving criminals of the proceeds from crime;


Considering that for the attainment of this aim a well-functioning system of international co-operation also must be established,


Have agreed as follows:


Chapter I


Use of terms


Article l - Use of terms


For the purposes of this Convention:


a "proceeds"

means any economic advantage from criminal offences. It may consist of any property as defined in

sub-paragraph b of this article;

b "property"

includes property of any description, whether corporeal or incorporeal, movable or immovable, and legal

documents or instruments evidencing title to, or interest in such property;

c "instrumentalities"

means any property used or intended to be used, in any manner, wholly or in part, to commit a criminal

offence or criminal offences;

d "confiscation"

means a penalty or a measure, ordered by a court following proceedings in relation to a criminal offence or

criminal offences resulting in the final deprivation of property;

e "predicate offence"

means any criminal offence as a result of which proceeds were generated that may become the subject of an

offence as defined in Article 6 of this Convention.


Chapter II


Measures to be taken at national level


Article 2 - Confiscation measures


1.Each Party shall adopt such legislative and other measures as may be necessary to enable it to confiscate instrumentalities

and proceeds or property the value of which corresponds to such proceeds.

2.Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or

accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraph 1 of this

article applies only to offences or categories of offences specified in such declaration.


Article 3 - Investigative and provisional measures


Each Party shall adopt such legislative and other measures as may be necessary to enable it to identify and trace

property which is liable to confiscation pursuant to Article 2, paragraph 1, and to prevent any dealing in, transfer or

disposal of such property.


Article 4 - Special investigative powers and techniques


1.Each Party shall adopt such legislative and other measures as may be necessary to empower its courts or other competent

authorities to order that bank, financial or commercial records be made available or be seized in order to carry out the

actions referred to in Articles 2 and 3. A Party shall not decline to act under the provisions of this article on grounds of

bank secrecy.

2.Each Party shall consider adopting such legislative and other measures as may be necessary to enable it to use special

investigative techniques facilitating the identification and tracing of proceeds and the gathering of evidence related thereto.

Such techniques may include monitoring orders, observation, interception of telecommunications, access to computer

systems and orders to produce specific documents.


Article 5 - Legal remedies


Each Party shall adopt such legislative and other measures as may be necessary to ensure that interested parties

affected by measures under Articles 2 and 3 shall have effective legal remedies in order to preserve their rights.


Article 6 - Laundering offences


1.Each Party shall adopt such legislative and other measures as may be necessary to establish as offences under its domestic

law, when committed intentionally:


a the conversion or transfer of property, knowing that such property is proceeds, for the purpose of

concealing or disguising the illicit origin of the property or of assisting any person who is involved in the

commission of the predicate offence to evade the legal consequences of his actions;


b the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect

to, or ownership of, property, knowing that such property is proceeds;


and, subject to its constitutional principles and the basic concepts of its legal system:


c the acquisition, possession or use of property, knowing, at the time of receipt, that such property was

proceeds;


d participation in, association or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and

counselling the commission of any of the offences established in accordance with this article.


2.For the purposes of implementing or applying paragraph 1 of this article:


a it shall not matter whether the predicate offence was subject to the criminal jurisdiction of the Party;


b it may be provided that the offences set forth in that paragraph do not apply to the persons who committed

the predicate offence;


c knowledge, intent or purpose required as an element of an offence set forth in that paragraph may be

inferred from objective, factual circumstances.


3.Each Party may adopt such measures as it considers necessary to establish also as offences under its domestic law all or

some of the acts referred to in paragraph 1 of this article, in any or all of the following cases where the offender:


a ought to have assumed that the property was proceeds;


b acted for the purpose of making profit;


c acted for the purpose of promoting the carrying on of further criminal activity.


4.Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or

accession, by declaration addressed to the Secretary General of the Council of Europe declare that paragraph 1 of this

article applies only to predicate offences or categories of such offences specified in such declaration.


Chapter III


International co-operation


Section 1 - Principles of international co-operation


Article 7 - General principles and measures for international co-operation


1.The Parties shall co-operate with each other to the widest extent possible for the purposes of investigations and

proceedings aiming at the confiscation of instrumentalities and proceeds.

2.Each Party shall adopt such legislative or other measures as may be necessary to enable it to comply, under the conditions

provided for in this chapter, with requests:


a for confiscation of specific items of property representing proceeds or instrumentalities, as well as for

confiscation of proceeds consisting in a requirement to pay a sum of money corresponding to the value

of proceeds;


b for investigative assistance and provisional measures with a view to either form of confiscation

referred to under a above.


Section 2 - Investigative assistance


Article 8 - Obligation to assist


The Parties shall afford each other, upon request, the widest possible measure of assistance in the identification and

tracing of instrumentalities, proceeds and other property liable to confiscation. Such assistance shall include any

measure providing and securing evidence as to the existence, location or movement, nature, legal status or value of

the aforementioned property.


Article 9 - Execution of assistance


The assistance pursuant to Article 8 shall be carried out as permitted by and in accordance with the domestic law of

the requested Party and, to the extent not incompatible with such law, in accordance with the procedures specified in

the request.


Article 10 - Spontaneous information


Without prejudice to its own investigations or proceedings, a Party may without prior request forward to another

Party information on instrumentalities and proceeds, when it considers that the disclosure of such information might

assist the receiving Party in initiating or carrying out investigations or proceedings or might lead to a request by that

Party under this chapter.


Section 3 - Provisional measures


Article 11 - Obligation to take provisional measures


1.At the request of another Party which has instituted criminal proceedings or proceedings for the purpose of confiscation, a

Party shall take the necessary provisional measures, such as freezing or seizing, to prevent any dealing in, transfer or

disposal of property which, at a later stage, may be the subject of a request for confiscation or which might be such as to

satisfy the request.

2.A Party which has received a request for confiscation pursuant to Article 13 shall, if so requested, take the measures

mentioned in paragraph 1 of this article in respect of any property which is the subject of the request or which might be

such as to satisfy the request.


Article 12 - Execution of provisional measures


1.The provisional measures mentioned in Article 11 shall be carried out as permitted by and in accordance with the domestic

law of the requested Party and, to the extent not incompatible with such law, in accordance with the procedures specified in

the request.

2.Before lifting any provisional measure taken pursuant to this article, the requested Party shall, wherever possible, give the

requesting Party an opportunity to present its reasons in favour of continuing the measure.


Section 4 - Confiscation


Article 13 - Obligation to confiscate


1.A Party, which has received a request made by another Party for confiscation concerning instrumentalities or proceeds,

situated in its territory, shall:


a enforce a confiscation order made by a court of a requesting Party in relation to such instrumentalities or

proceeds; or


b submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if

such order is granted, enforce it.


2.For the purposes of applying paragraph 1.b of this article, any Party shall whenever necessary have competence to institute

confiscation proceedings under its own law.

3.The provisions of paragraph 1 of this article shall also apply to confiscation consisting in a requirement to pay a sum of

money corresponding to the value of proceeds, if property on which the confiscation can be enforced is located in the

requested Party. In such cases, when enforcing confiscation pursuant to paragraph 1, the requested Party shall, if payment

is not obtained, realise the claim on any property available for that purpose.

4.If a request for confiscation concerns a specific item of property, the Parties may agree that the requested Party may

enforce the confiscation in the form of a requirement to pay a sum of money corresponding to the value of the property.


Article 14 - Execution of confiscation


1.The procedures for obtaining and enforcing the confiscation under Article 13 shall be governed by the law of the requested

Party.

2.The requested Party shall be bound by the findings as to the facts in so far as they are stated in a conviction or judicial

decision of the requesting Party or in so far as such conviction or judicial decision is implicitly based on them.

3.Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or

accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraph 2 of this

article applies only subject to its constitutional principles and the basic concepts of its legal system.

4.If the confiscation consists in the requirement to pay a sum of money, the competent authority of the requested Party shall

convert the amount thereof into the currency of that Party at the rate of exchange ruling at the time when the decision to

enforce the confiscation is taken.

5.In the case of Article 13, paragraph 1.a, the requesting Party alone shall have the right to decide on any application for

review of the confiscation order.


Article 15 - Confiscated property


Any property confiscated by the requested Party shall be disposed of by that Party in accordance with its domestic

law, unless otherwise agreed by the Parties concerned.


Article 16 - Right of enforcement and maximum amount of confiscation


1.A request for confiscation made under Article 13 does not affect the right of the requesting Party to enforce itself the

confiscation order.

2.Nothing in this Convention shall be so interpreted as to permit the total value of the confiscation to exceed the amount of

the sum of money specified in the confiscation order. If a Party finds that this might occur, the Parties concerned shall

enter into consultations to avoid such an effect.


Article 17 - Imprisonment in default


The requested Party shall not impose imprisonment in default or any other measure restricting the liberty of a person

as a result of a request under Article 13, if the requesting Party has so specified in the request.


Section 5 - Refusal and postponement of co-operation


Article 18 - Grounds for refusal


1.Co-operation under this chapter may be refused if:


a the action sought would be contrary to the fundamental principles of the legal system of the requested

Party; or


b the execution of the request is likely to prejudice the sovereignty, security, ordre public or other essential

interests of the requested Party; or


c in the opinion of the requested Party, the importance of the case to which the request relates does not justify

the taking of the action sought; or


d the offence to which the request relates is a political or fiscal offence; or


e the requested Party considers that compliance with the action sought would be contrary to the principle of

ne bis in idem; or


f the offence to which the request relates would not be an offence under the law of the requested Party if

committed within its jurisdiction. However, this ground for refusal applies to co-operation under Section 2 only

in so far as the assistance sought involves coercive action.


2.Co-operation under Section 2, in so far as the assistance sought involves coercive action, and under Section 3 of this

chapter, may also be refused if the measures sought could not be taken under the domestic law of the requested Party for

the purposes of investigations or proceedings, had it been a similar domestic case.

3.Where the law of the requested Party so requires, co-operation under Section 2, in so far as the assistance sought involves

coercive action, and under Section 3 of this chapter may also be refused if the measures sought or any other measures

having similar effects would not be permitted under the law of the requesting Party, or, as regards the competent authorities

of the requesting Party, if the request is not authorised by either a judge or another judicial authority, including public

prosecutors, any of these authorities acting in relation to criminal offences.

4.Co-operation under Section 4 of this chapter may also be refused if:


a under the law of the requested Party confiscation is not provided for in respect of the type of offence to

which the request relates; or


b without prejudice to the obligation pursuant to Article 13, paragraph 3, it would be contrary to the principles

of the domestic laws of the requested Party concerning the limits of confiscation in respect of the relationship

between an offence and:

i an economic advantage that might be qualified as its proceeds; or

ii property that might be qualified as its instrumentalities;


or


c under the law of the requested Party confiscation may no longer be imposed or enforced because of the

lapse of time; or


d the request does not relate to a previous conviction, or a decision of a judicial nature or a statement in such

a decision that an offence or several offences have been committed, on the basis of which the confiscation

has been ordered or is sought; or


e confiscation is either not enforceable in the requesting Party, or it is still subject to ordinary means of

appeal; or


f the request relates to a confiscation order resulting from a decision rendered in absentia of the person

against whom the order was issued and, in the opinion of the requested Party, the proceedings conducted by

the requesting Party leading to such decision did not satisfy the minimum rights of defence recognised as due

to everyone against whom a criminal charge is made.


5.For the purpose of paragraph 4.f of this article a decision is not considered to have been rendered in absentia if:


a it has been confirmed or pronounced after opposition by the person concerned; or


b it has been rendered on appeal, provided that the appeal was lodged by the person concerned.


6.When considering, for the purposes of paragraph 4.f of this article if the minimum rights of defence have been satisfied, the

requested Party shall take into account the fact that the person concerned has deliberately sought to evade justice or the

fact that that person, having had the possibility of lodging a legal remedy against the decision made in absentia, elected not

to do so. The same will apply when the person concerned, having been duly served with the summons to appear, elected

not to do so nor to ask for adjournment.

7.A Party shall not invoke bank secrecy as a ground to refuse any co-operation under this chapter. Where its domestic law

so requires, a Party may require that a request for co-operation which would involve the lifting of bank secrecy be

authorised by either a judge or another judicial authority, including public prosecutors, any of these authorities acting in

relation to criminal offences.

8.Without prejudice to the ground for refusal provided for in paragraph 1.a of this article:


a the fact that the person under investigation or subjected to a confiscation order by the authorities of the

requesting Party is a legal person shall not be invoked by the requested Party as an obstacle to affording any

co-operation under this chapter;


b the fact that the natural person against whom an order of confiscation of proceeds has been issued has

subsequently died or the fact that a legal person against whom an order of confiscation of proceeds has been

issued has subsequently been dissolved shall not be invoked as an obstacle to render assistance in accordance

with Article 13, paragraph 1.a.


Article 19 - Postponement


The requested Party may postpone action on a request if such action would prejudice investigations or proceedings

by its authorities.


Article 20 - Partial or conditional granting of a request


Before refusing or postponing co-operation under this chapter, the requested Party shall, where appropriate after

having consulted the requesting Party, consider whether the request may be granted partially or subject to such

conditions as it deems necessary.


Section 6 - Notification and protection of third parties' rights


Article 21 - Notification of documents


1.The Parties shall afford each other the widest measure of mutual assistance in the serving of judicial documents to persons

affected by provisional measures and confiscation.

2.Nothing in this article is intended to interfere with:


a the possibility of sending judicial documents, by postal channels, directly to persons abroad;


b the possibility for judicial officers, officials or other competent authorities of the Party of origin to effect

service of judicial documents directly through the consular authorities of that Party or through judicial officers,

officials or other competent authorities of the Party of destination, unless the Party of destination makes a

declaration to the contrary to the Secretary General of the Council of Europe at the time of signature or when

depositing its instrument of ratification, acceptance, approval or accession.


3.When serving judicial documents to persons abroad affected by provisional measures or confiscation orders issued in the

sending Party, this Party shall indicate what legal remedies are available under its law to such persons.


Article 22 - Recognition of foreign decisions


1.When dealing with a request for co-operation under Sections 3 and 4, the requested Party shall recognise any judicial

decision taken in the requesting Party regarding rights claimed by third parties.

2.Recognition may be refused if:


a third parties did not have adequate opportunity to assert their rights; or


b the decision is incompatible with a decision already taken in the requested Party on the same matter;

or


c it is incompatible with the ordre public of the requested Party; or


d the decision was taken contrary to provisions on exclusive jurisdiction provided for by the law of the

requested Party.


Section 7 - Procedural and other general rules


Article 23 - Central authority


1.The Parties shall designate a central authority or, if necessary, authorities, which shall be responsible for sending and

answering requests made under this chapter, the execution of such requests or the transmission of them to the authorities

competent for their execution.

2.Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or

accession, communicate to the Secretary General of the Council of Europe the names and addresses of the authorities

designated in pursuance of paragraph 1 of this article.


Article 24 - Direct communication


1.The central authorities shall communicate directly with one another.

2.In the event of urgency, requests or communications under this chapter may be sent directly by the judicial authorities,

including public prosecutors, of the requesting Party to such authorities of the requested Party. In such cases a copy shall

be sent at the same time to the central authority of the requested Party through the central authority of the requesting

Party.

3.Any request or communication under paragraphs 1 and 2 of this article may be made through the International Criminal

Police Organisation (Interpol).

4.Where a request is made pursuant to paragraph 2 of this article and the authority is not competent to deal with the request,

it shall refer the request to the competent national authority and inform directly the requesting Party that it has done so.

5.Requests or communications under Section 2 of this chapter, which do not involve coercive action, may be directly

transmitted by the competent authorities of the requesting Party to the competent authorities of the requested Party.


Article 25 - Form of request and languages


1.All requests under this chapter shall be made in writing. Modern means of telecommunications, such as telefax, may be

used.

2.Subject to the provisions of paragraph 3 of this article, translations of the requests or supporting documents shall not be

required.

3.At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, any Party may

communicate to the Secretary General of the Council of Europe a declaration that it reserves the right to require that

requests made to it and documents supporting such requests be accompanied by a translation into its own language or into

one of the official languages of the Council of Europe or into such one of these languages as it shall indicate. It may on that

occasion declare its readiness to accept translations in any other language as it may specify. The other Parties may apply

the reciprocity rule.


Article 26 - Legalisation


Documents transmitted in application of this chapter shall be exempt from all legalisation formalities.


Article 27 - Content of request


1.Any request for co-operation under this chapter shall specify:


a the authority making the request and the authority carrying out the investigations or proceedings;


b the object of and the reason for the request;


c the matters, including the relevant facts (such as date, place and circumstances of the offence) to which the

investigations or proceedings relate, except in the case of a request for notification;


d in so far as the co-operation involves coercive action:


i the text of the statutory provisions or, where this is not possible, a statement of the relevant

law applicable; and


ii an indication that the measure sought or any other measures having similar effects could be

taken in the territory of the requesting Party under its own law;


e where necessary and in so far as possible:


i details of the person or persons concerned, including name, date and place of birth, nationality

and location, and, in the case of a legal person, its seat; and


ii the property in relation to which co-operation is sought, its location, its connection with the

person or persons concerned, any connection with the offence, as well as any available

information about other persons, interests in the property; and


f any particular procedure the requesting Party wishes to be followed.


2.A request for provisional measures under Section 3 in relation to seizure of property on which a confiscation order

consisting in the requirement to pay a sum of money may be realised shall also indicate a maximum amount for which

recovery is sought in that property.

3.In addition to the indications mentioned in paragraph 1, any request under Section 4 shall contain:


a in the case of Article 13, paragraph 1.a:


i a certified true copy of the confiscation order made by the court in the requesting Party

and a statement of the grounds on the basis of which the order was made, if they are not

indicated in the order itself;


ii an attestation by the competent authority of the requesting Party that the confiscation

order is enforceable and not subject to ordinary means of appeal;


iii information as to the extent to which the enforcement of the order is requested; and


iv information as to the necessity of taking any provisional measures;


b in the case of Article 13, paragraph 1.b, 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;


c when third parties have had the opportunity to claim rights, documents demonstrating that this has

been the case.


Article 28 - Defective requests


1.If a request does not comply with the provisions of this chapter or the information supplied is not sufficient to enable the

requested Party to deal with the request, that Party may ask the requesting Party to amend the request or to complete it

with additional information.

2.The requested Party may set a time-limit for the receipt of such amendments or information.

3.Pending receipt of the requested amendments or information in relation to a request under Section 4 of this chapter, the

requested Party may take any of the measures referred to in Sections 2 or 3 of this chapter.


Article 29 - Plurality of requests


1.Where the requested Party receives more than one request under Sections 3 or 4 of this chapter in respect of the same

person or property, the plurality of requests shall not prevent that Party from dealing with the requests involving the taking

of provisional measures.

2.In the case of plurality of requests under Section 4 of this chapter, the requested Party shall consider consulting the

requesting Parties.


Article 30 - Obligation to give reasons


The requested Party shall give reasons for any decision to refuse, postpone or make conditional any co-operation

under this chapter.


Article 31 - Information


1.The requested Party shall promptly inform the requesting Party of:


a the action initiated on a request under this chapter;


b the final result of the action carried out on the basis of the request;


c a decision to refuse, postpone or make conditional, in whole or in part, any co-operation under this chapter;


d any circumstances which render impossible the carrying out of the action sought or are likely to delay it

significantly; and


e in the event of provisional measures taken pursuant to a request under Sections 2 or 3 of this chapter, such

provisions of its domestic law as would automatically lead to the lifting of the provisional measure.


2.The requesting Party shall promptly inform the requested Party of:


a any review, decision or any other fact by reason of which the confiscation order ceases to be wholly or

partially enforceable; and


b any development, factual or legal, by reason of which any action under this chapter is no longer justified.


3.Where a Party, on the basis of the same confiscation order, requests confiscation in more than one Party, it shall inform all

Parties which are affected by an enforcement of the order about the request.


Article 32 - Restriction of use


1.The requested Party may make the execution of a request dependent on the condition that the information or evidence

obtained will not, without its prior consent, be used or transmitted by the authorities of the requesting Party for investigations

or proceedings other than those specified in the request.

2.Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or

accession, by declaration addressed to the Secretary General of the Council of Europe, declare that, without its prior

consent, information or evidence provided by it under this chapter may not be used or transmitted by the authorities of the

requesting Party in investigations or proceedings other than those specified in the request.


Article 33 - Confidentiality


1.The requesting Party may require that the requested Party keep confidential the facts and substance of the request, except

to the extent necessary to execute the request. If the requested Party cannot comply with the requirement of

confidentiality, it shall promptly inform the requesting Party.

2.The requesting Party shall, if not contrary to basic principles of its national law and if so requested, keep confidential any

evidence and information provided by the requested Party, except to the extent that its disclosure is necessary for the

investigations or proceedings described in the request.

3.Subject to the provisions of its domestic law, a Party which has received spontaneous information under Article 10 shall

comply with any requirement of confidentiality as required by the Party which supplies the information. If the other Party

cannot comply with such requirement, it shall promptly inform the transmitting Party.


Article 34 - Costs


The ordinary costs of complying with a request shall be borne by the requested Party. Where costs of a substantial

or extraordinary nature are necessary to comply with a request, the Parties shall consult in order to agree the

conditions on which the request is to be executed and how the costs shall be borne.


Article 35 - Damages


1.When legal action on liability for damages resulting from an act or omission in relation to co-operation under this chapter

has been initiated by a person, the Parties concerned shall consider consulting each other, where appropriate, to determine

how to apportion any sum of damages due.

2.A Party which has become subject of a litigation for damages shall endeavour to inform the other Party of such litigation if

that Party might have an interest in the case.


Chapter IV


Final provisions


Article 36 - Signature and entry into force


1.This Convention shall be open for signature by the member States of the Council of Europe and non-member States which

have participated in its elaboration. Such States may express their consent to be bound by:


a signature without reservation as to ratification, acceptance or approval; or


b signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.


2.Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

3.This Convention shall enter into force on the first day of the month following the expiration of a period of three months after

the date on which three States, of which at least two are member States of the Council of Europe, have expressed their

consent to be bound by the Convention in accordance with the provisions of paragraph 1.

4.In respect of any signatory State which subsequently expresses its consent to be bound by it, the Convention shall enter into

force on the first day of the month following the expiration of a period of three months after the date of the expression of its

consent to be bound by the Convention in accordance with the provisions of paragraph 1.


Article 37 - Accession to the Convention


1.After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the

Contracting States to the Convention, may invite any State not a member of the Council and not having participated in its

elaboration to accede to this Convention, by a decision taken by the majority provided for in Article 20.d. of the Statute of

the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the

Committee.

2.In respect of any acceding State the Convention shall enter into force on the first day of the month following the expiration

of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the

Council of Europe.


Article 38 - Territorial application


1.Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession,

specify the territory or territories to which this Convention shall apply.

2.Any State may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the

application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention

shall enter into force on the first day of the month following the expiration of a period of three months after the date of

receipt of such declaration by the Secretary General.

3.Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be

withdrawn by a notification addressed to the Secretary General. The withdrawal shall become effective on the first day of

the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary

General.


Article 39 - Relationship to other conventions and agreements


1.This Convention does not affect the rights and undertakings derived from international multilateral conventions concerning

special matters.

2.The Parties to the Convention may conclude bilateral or multilateral agreements with one another on the matters dealt with

in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the

principles embodied in it.

3.If two or more Parties have already concluded an agreement or treaty in respect of a subject which is dealt with in this

Convention or otherwise have established their relations in respect of that subject, they shall be entitled to apply that

agreement or treaty or to regulate those relations accordingly, in lieu of the present Convention, if it facilitates international

co-operation.


Article 40 - Reservations


1.Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession,

declare that it avails itself of one or more of the reservations provided for in Article 2, paragraph 2, Article 6, paragraph 4,

Article 14, paragraph 3, Article 21, paragraph 2, Article 25, paragraph 3 and Article 32, paragraph 2. No other reservation

may be made.

2.Any State which has made a reservation under the preceding paragraph may wholly or partly withdraw it by means of a

notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of

receipt of such notification by the Secretary General.

3.A Party which has made a reservation in respect of a provision of this Convention may not claim the application of that

provision by any other Party; it may, however, if its reservation is partial or conditional, claim the application of that

provision in so far as it has itself accepted it.


Article 41 - Amendments


1.Amendments to this Convention may be proposed by any Party, and shall be communicated by the Secretary General of the

Council of Europe to the member States of the Council of Europe and to every non-member State which has acceded to or

has been invited to accede to this Convention in accordance with the provisions of Article 37.

2.Any amendment proposed by a Party shall be communicated to the European Committee on Crime Problems which shall

submit to the Committee of Ministers its opinion on that proposed amendment.

3.The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the European Committee

on Crime Problems and may adopt the amendment.

4.The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be

forwarded to the Parties for acceptance.

5.Any amendment adopted in accordance with paragraph 3 of this article shall come into force on the thirtieth day after all

Parties have informed the Secretary General of their acceptance thereof.


Article 42 - Settlement of disputes


1.The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the interpretation

and application of this Convention.

2.In case of a dispute between Parties as to the interpretation or application of this Convention, they shall seek a settlement

of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the

European Committee on Crime Problems, to an arbitral tribunal whose decisions shall be binding upon the Parties, or to the

International Court of Justice, as agreed upon by the Parties concerned.


Article 43 - Denunciation


1.Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the

Council of Europe.

2.Such denunciation shall become effective on the first day of the month following the expiration of a period of three months

after the date of receipt of the notification by the Secretary General.

3.The present Convention shall, however, continue to apply to the enforcement under Article 14 of confiscation for which a

request has been made in conformity with the provisions of this Convention before the date on which such a denunciation

takes effect.


Article 44 - Notifications


The Secretary General of the Council of Europe shall notify the member States of the Council and any State which

has acceded to this Convention of:


a any signature;


b the deposit of any instrument of ratification, acceptance, approval or accession;


c any date of entry into force of this Convention in accordance with Articles 36 and 37;


d any reservation made under Article 40, paragraph 1;


e any other act, notification or communication relating to this Convention.


In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.


Done at Strasbourg, the 8th day of November 1990, in English and in French, both texts being equally authentic, in a single copy

which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit

certified copies to each member State of the Council of Europe, to the non-member States which have participated in the

elaboration of this Convention, and to any State invited to accede to it.


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