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Agreement between the Government of Canada and the Government of the Swiss Confederation regarding the Sharing of Forfeited or Confiscated Assets and their Equivalent Funds [2005] CATSer 5 (18 May 2005)

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AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE SWISS CONFEDERATION REGARDING THE SHARING OF FORFEITED OR CONFISCATED ASSETS AND THEIR EQUIVALENT FUNDS

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE SWISS CONFEDERATION, hereinafter referred to as the “Parties”,

CONSIDERING their cooperation in the Projet Compote case and in the Projet Cervelle case under the terms of the Treaty on Mutual Legal Assistance in Criminal Matters that was signed on October 7, 1993, and that came into force on November 17, 1995,

CONSIDERING their desire to cooperate in the spirit of recommendation 38 of the Forty Recommendations of the Financial Action Task Force,

DESIRING to improve the effectiveness of law enforcement in both countries in investigating, prosecuting and suppressing crime and identifying, freezing, seizing and confiscating assets to crime, and

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

AGREE as follows:

ARTICLE 1

The Government of the Swiss Confederation transfers to the Government of Canada 50% of the net proceeds to be shared as the result of the execution of 2 confiscation decisions against the following assets:

Projet Compote

Banque Nationale de Paris
- Account No. 563026 of Ligoberg SA
- Account No. 506409-9 of Micheline DI MAULO
- Account No. 509390-7 of Michel ROSE, to a maximum of $400,000.00

Republic National Bank (HSBC)
- Account No. 16093ES of Jorge Luis CANTIERI
- Account No.1071410 of Vicenzo and Micheline DI MAULO.

Projet Cervelle

Banque Coop de Genève
- Account No. 472270 of Carmine Marconi

United European Bank
- Account No. 2033221 of Carmine Marconi

ARTICLE 2

The use of the amounts transferred under this Agreement is not subject to any condition. Moreover, the provisions of this Agreement do not confer any right on an individual or a third party.

ARTICLE 3

The amount payable under Article 1 shall be paid in Canadian funds. Payment shall be made to the Receiver General of Canada (Proceeds Account) and sent to the Director of the Seized Property Management Directorate.

ARTICLE 4

The channels of communication for implementing this Agreement are, on behalf of the Government of Canada, the Director of the Strategic Prosecution Policy Section and, on behalf of the Government of the Swiss Confederation, the Head of the Division for Mutual Legal Assistance of the Federal Office of Justice.

ARTICLE 5

This Agreement shall come into force on the date of its signing.

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

DONE in duplicate at Ottawa, this 18th day of May, two thousand and five, in the English and French languages, each version being equally authoritative.

Daniel Bellemarre

FOR THE GOVERNMENT OF CANADA

Urs Ziswiler

FOR THE GOVERNMENT OF THE SWISS CONFEDERATION