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Agreement between the Government of Canada and the Government of Jamaica regarding the Sharing of the Proceeds of Dispositions of Forfeited Assets and Equivalent Funds [1999] CATSer 23 (3 June 1999)

E103224 - CTS 1999 No. 19

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF JAMAICA REGARDING THE SHARING OF THE PROCEEDS OF THE DISPOSITION OF FORFEITED ASSETS AND EQUIVALENT FUNDS

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF JAMAICA, hereinafter referred to as "the Parties",

CONSIDERING the commitment of the Parties to cooperate on the basis of the United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988;

DESIRING to improve the effectiveness of law enforcement in both countries in the investigation, prosecution and suppression of crime and in the tracing, freezing, seizure or forfeiture of assets related to crime; and

DESIRING also to create a framework for sharing the proceeds of disposition of such assets and equivalent funds;

HAVE AGREED as follows:

ARTICLE 1

Where one Party (the Assisting Party) has participated in investigations or proceedings resulting in a forfeiture order, or the payment of funds equivalent to a forfeiture in the jurisdiction of the other Party (the Assisted Party), the Assisted Party may, in accordance with its domestic law, share with the Assisting Party the net proceeds realized.

ARTICLE 2

For the purposes of this Agreement, for Canada "forfeiture or the payment of funds equivalent to a forfeiture" shall mean forfeiture of assets related to crime or the payment of funds equivalent to a forfeiture as ordered by a Court on behalf of Her Majesty the Queen in right of Canada; and for Jamaica, "forfeiture" shall mean the forfeiture of assets or any payment ordered in place of such forfeiture or made pursuant to a pecuniary penalty order under a law providing for such forfeiture or payment.

ARTICLE 3

Amounts to be shared and the proportion of such amounts to be received by the Assisting Party shall be determined in accordance with the law of the Assisted Party.

ARTICLE 4

Sharing pursuant to this Agreement shall be between the Government of Canada and the Government of Jamaica. The Assisted Party shall not place any conditions in respect of the use of amounts paid, nor shall it make any payments conditional on the Assisting Party sharing them with any state, government, organization or individual.

ARTICLE 5

The Assisting Party may bring to the attention of the Assisted Party through the channels of communication identified in paragraph 7 herein any cooperation provided by the Assisting Party that led, or is expected to lead, to a forfeiture or the payment of funds equivalent to a forfeiture.

ARTICLE 6

Shares payable pursuant to Article 1 shall be paid in the currency of the Assisted Party. In cases where Canada is the Assisting Party, payments shall be made to the Receiver General of Canada (Proceeds Account) and sent to the Director of the Seized Property Management Directorate. In cases where Jamaica is the Assisting Party, payments shall be made to the Permanent Secretary in the Ministry of National Security and Justice and sent to the Director, Security, Narcotics and Ports Division, Ministry of National Security and Justice.

ARTICLE 7

The channels of communication for all matters concerning the implementation of this Agreement shall be, for Canada, the Director of the Strategic Prosecution Policy Section and, for Jamaica, the Director, Security, Narcotics and Ports Division, Ministry of National Security and Justice.

ARTICLE 8

Each Party shall notify the other of any change regarding the authorities identified in paragraphs 6 and 7.

ARTICLE 9

This Agreement shall enter into force upon signature.

ARTICLE 10

Either Party may terminate this Agreement, at any time, by giving written notice to the other Party. Termination shall become effective six months after receipt of the notice.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE in duplicate at Ottawa, on this 3rd day of June 1999, in the English and French languages, each text being equally authentic.

FOR THE GOVERNMENT OF CANADA

Gavin Stewart

FOR THE GOVERNMENT OF JAMAICA

Raymond Wolfe