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Agreement between the Government of Canada and the Swiss Confederation concerning the Division of Confiscated Assets and Equivalent Sums of Money [2001] CATSer 16 (22 May 2001)

E103868 - CTS 2001 No. 17

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE SWISS CONFEDERATION CONCERNING THE DIVISION OF CONFISCATED ASSETS AND EQUIVALENT SUMS OF MONEY

THE GOVERNMENT OF CANADA AND THE SWISS CONFEDERATION, hereinafter called the "parties",

CONSIDERING their collaboration in the investigation of Harold Bienvenue and according to the terms of the Treaty on Mutual Assistance in Criminal Matters signed October 7,1993, and which came into effect November 17, 1995;

CONSIDERING their wish to collaborate in the spirit of recommendations 38 and 39 of the Forty Recommendations of the Financial Action Task Force;

DESIRING to increase the effectiveness of law enforcement in both countries with respect to the investigation, criminal prosecution, and the repression of crime as well as the tracing, restraint, seizure and forfeiture or confiscation of property related to criminal activity, and

DESIRING to establish a framework for sharing of the proceeds of disposition of such property;

AGREE AS FOLLOWS:

1. The Swiss Confederation shall transfer to the Government of Canada 50% of the net proceeds to be shared, from the execution the confiscation order of April 12, 1999, issued by the investigating judge in Valais Central (Switzerland).

2. The amounts transferred under the present agreement are not subject to any conditions regarding their end use. The provisions of this agreement do not give any rights to any individual or third party.

3. The amounts payable under article 1 shall be paid in Canadian currency. Payment shall be made to the Receiver General for Canada (Proceeds Account) and sent to the Director of the Seized Property Management Directorate.

4. 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 the Swiss Confederation, the Director of the International Affairs Division of the Federal Office for Police Matters.

5. This agreement shall enter into force upon signature.

DONE at Ottawa, this 22nd day of May 2001, in the English and French languages, each text being equally authentic.

FOR THE GOVERNMENT OF CANADA

Daniel A. Bellemare

FOR THE SWISS CONFEDERATION

Urs Ziswiler