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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 [2006] CATSer 10 (17 August 2006)

E105066

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 “Canada” and the “Grand Duchy of Luxembourg”;

DESIRING 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 recommendation 38 of the Forty Financial Action Task Force Recommendations;

WHEREAS, in a judgment dated October 22, 2001 (number 2494/2001), the District Court of Luxembourg declares the decision rendered by the Court of Quebec on April 23, 1998 enforceable to the extent that it ordains the confiscation to the seized amount on the bank account opened in the name of Harold BIENVENUE, in particular the confiscation of the amount of 682.213,90.- Canadian dollars (CAD);

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 548.733,34.- euro;

DESIRING 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;

HAVE AGREED 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 274.366,67.- euro shall be transferred by the “Fonds de lutte contre le trafic des stupéfiants” to the Receiver General for Canada (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 274.366,67.- euro 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.

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

DONE in two originals at Luxembourg, this 17^th day of August, two thousand and six, in the English and French languages, each version being equally authentic.

Alain Hausser

FOR THE GOVERNMENT OF CANADA

Guy Schleder

FOR THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG