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Agreement between the Government of Canada and the Government of the Swiss Confederation regarding the Transfer of Forfeited Assets [1996] CATSer 29 (17 December 1996)

E103577

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE SWISS CONFEDERATION REGARDING THE TRANSFER OF FORFEITED ASSETS

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE SWISS CONFEDERATION, hereinafter referred to as the "Parties";

CONSIDERING that the Government of the Swiss Confederation provided invaluable assistance to Canadian law enforcement authorities in obtaining evidence and freezing money located in Swiss bank accounts in the drug trafficking cases of:

(i) Her Majesty The Queen v. Marek Kalenski; and

(ii) Regina v. Mauro et al.;

CONSIDERING further that, in relation to the above-named cases, the Government of the Swiss Confederation has permitted the repatriation to Canada of funds related to drug trafficking activities, in the amounts of approximately $149,260.45 Cdn and $515,432.78 Cdn, respectively, for an approximate total of $664,693.23 Cdn;

HAVE AGREED as follows:

1. The Government of Canada shall transfer to the Government of the Swiss Confederation fifty percent of the proceeds forfeited to Canada that are available for sharing, in accordance with Part I of the Forfeited Property Sharing Regulations.

2. The funds designated for sharing shall,

(a) in The Matter of Kalenski, be sent to account Nr. 1100-6103.008 Zurich Cantonalbank, Zurich, credited to the Government Treasury, District Public Prosecutor's Office (IV) for the Canton of Zurich, EIZ No. 1994/000005, and

(b) in The Matter of Carmen Mauro, be sent to the credit of the Basel Public Prosecutor's Office.

3. There shall be no conditions in respect of the use of any moneys received under this Agreement.

4. This Agreement is intended solely for the purposes of mutual assistance between the Parties, including assistance in the disposition of proceeds of crime. The provisions of this Agreement do not give rise to any right on the part of any private person and are not intended to benefit third parties.

5. This Agreement shall enter into force on the date of its signature by both Parties.

IN WITNESS WHEREOF the representatives of both Governments, being duly authorized thereto, have signed this Agreement.

DONE in duplicate at Ottawa, Canada, on the 17th day of December, 1996, in the English and French languages, each version being equally authentic.

FOR THE GOVERNMENT OF CANADA

William H. Corbett

FOR THE GOVERNMENT OF THE SWISS CONFEDERATION

Daniel Dayer