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Agreement between the Government of Canada and the Government of the Grand Duchy of Luxembourg concerning the Sharing of Confiscated Property and Equivalent Amounts of Money [2001] CATSer 21 (24 July 2001)

E104633 - CTS 2001 No. 25

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG CONCERNING THE SHARING OF CONFISCATED PROPERTY AND EQUIVALENT AMOUNTS OF MONEY

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG, hereinafter referred to as "the parties",

IN VIEW OF their desire to co-operate under the terms of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances dated December 19, 1988, and in view of recommendations 38 and 39 of the Forty Financial Action Task Force Recommendations,

WHEREAS, in judgment dated May 20, 1999, the District Court of Luxembourg ruled that the order of the Supreme Court of British Columbia made in Vancouver on January 16, 1998 against Peter VAN DER HEYDEN was binding on the Grand Duchy of Luxembourg,

WHEREAS the property confiscated in the Grand Duchy of Luxembourg was transferred to the Fonds de lutte contre le trafic des stupéfiants, pursuant to Article 5(3) of the Luxembourg Law of March 17, 1992 approving the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances dated December 19, 1988,

WHEREAS the amount collected in this manner by the Fonds de lutte contre le trafic des stupéfiants is 82,973.93 EUR,

IN THEIR DESIRE to improve the efficiency of law enforcement in both countries in terms of investigation, criminal proceedings and eliminating crime, as well as in identifying, freezing, seizing and confiscating crime-related property,

AGREE to the following provisions:

ARTICLE 1

The property collected shall be shared equally between Canada and the Grand Duchy of Luxembourg.

ARTICLE 2

The amount of 41,486.97 EUR shall be transferred by the Fonds de lutte contre le trafic des stupéfiants to the Receiver General for Canada, account No. 41-925445-143100-09143 (proceeds of crime account). No conditions are attached to the use of the amounts transferred to Canada under this agreement.

ARTICLE 3

The amount of 41,486.97 EUR shall remain the property of the Fonds de lutte contre le trafic des stupéfiants, which shall use it in accordance with its lawful purpose, which is to develop, co-ordinate and implement methods of combating drug trafficking, drug addiction and all direct and indirect effects of the aforesaid illegal practices.

ARTICLE 4

The channels of communication for the implementation of this Agreement are, for the Government of Canada, the Director of the Strategic Prosecution Policy Section and, for the Government of the Grand Duchy of Luxembourg, the Minister of Justice.

ARTICLE 5

This Agreement shall enter into force on the date of its signature.

DONE at Brussels, this 20th day of June, 2001, and at Luxembourg, this 24th day of July, 2001, in English and French, both versions being equally authentic.

FOR THE GOVERNMENT OF CANADA

Jacques Bilodeau

FOR THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG

Luc Frieden