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Agreement between the Government of Canada and the Government of Norway regarding the sharing of forfeited or confiscated assets or their equivalent funds [2006] CATSer 20 (16 November 2006)

E104986

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

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

CONSIDERING the commitment of the Parties to co-operate on the basis of the Treaty on Mutual Assistance in Criminal Matters, signed at Ottawa on September 16, 1998 as well as on the basis of the United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988; and Recommendations 38 and 39 of the Financial Action Task Force’s 40 Recommendations;

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 and forfeiture or confiscation of assets related to crime; and

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

HAVE AGREED as follows:

ARTICLE 1

Interpretation

In this Agreement:

(a) references to “forfeiture” or “confiscation” shall be taken to be references to any procedure under national law resulting in –

i) in the case of Canada, an order of forfeiture of assets related to crime or an order for the payment of funds equivalent to a forfeiture, made on behalf of Her Majesty the Queen in right of Canada; and

ii) in the case of the Norway, a confiscation order, which is the result of a court order of the confiscation of assets, related to a crime or the payment of equivalent funds.

(b) references to “co-operation” shall be taken to be references to any assistance, including intelligence, operational, legal or judicial assistance, which has been given by one Party and which has contributed to, or significantly facilitated, forfeiture or confiscation in the jurisdiction of the other Party;

(c) references to “assets” shall be taken to be references to assets which are in the possession of a Party, and which comprise the net proceeds realized as a result of forfeiture or confiscation, after deduction of the costs of realization;

and the provisions of this Agreement are to be interpreted accordingly.

ARTICLE 2

Circumstances in which Assets may be Shared

In any case in which a Party is in possession of assets, and it appears to that Party (‘the Holding Party’) that co-operation has been given by the other Party, the Holding Party may bring to the attention of the Co-operating Party any decision resulting in a confiscation or a forfeiture or the payment of funds equivalent to a forfeiture subject of this Agreement.

Further, the Holding Party may, at its discretion and in accordance with its domestic laws and regulations, share those assets with the other Party (‘the Co-operating Party).

ARTICLE 3

Requests for Asset Sharing

1. A request for asset sharing may be made by a Party which has co-operated with the Holding Party, and shall be made in accordance with the provisions of this Agreement.

2. A request made under paragraph 1 above shall set out the circumstances of the co-operation to which it relates, and shall include sufficient details to enable the Holding Party to identify the case, the assets, and the agency or agencies involved.

3. On receipt of a request for asset sharing made in accordance with the provisions of this Article, the Holding Party shall:

(a) consider whether to share assets as set out in Article 2 above, and

(b) inform the Party making the request of the outcome of that consideration

ARTICLE 4

Allocation of Shares

Where the Holding Party proposes to share assets with the Co-operating Party, it shall:

(a) determine, at its discretion and in accordance with its domestic laws and regulations, the proportion of the assets to be shared which, in its view, represents the extent of the co-operation given by the Co-operating Party; and

(b) pay a sum equivalent to that proportion to the Co-operating Party in accordance with Article 5 below.

ARTICLE 5

Payment of Shared Assets

1. Any sum paid pursuant to Article 4(b) above shall be paid:

(a) in the currency of the Holding Party, and

(b) by means of an electronic funds transfer or cheque

unless the Parties agree otherwise.

2. Payment of any such sum shall be made –

(a) in any case in which Canada is the Co-operating Party, to the Receiver General of Canada (Proceeds Account), and sent to the Director of the Seized Property Management Directorate, and

(b) in any case in which Norway is the Co-operating Party, to the Ministry of Justice or an authority designated by that Ministry.

or to such other recipient or recipients as the Co-operating Party may from time to time specify by notification for the purposes of this Article.

ARTICLE 6

Imposition of Conditions

Where it pays any sum pursuant to Article 4(b) above, the Holding Party may not impose on the Co-operating Party any conditions as to the use of that sum, and in particular may not require the Co-operating Party to share the sum with any other state, government, organization or individual.

ARTICLE 7

Channels of Communication

Save where otherwise indicated by this Agreement, all communications between the Parties pursuant to the provisions of this Agreement shall be conducted -

(a) on the part of Canada, by the Director of the Strategic Prosecution Policy Section; and

(b) on the part of Norway, by the Ministry of Justice or an authority designated by that Ministry.

or by such other nominees as the Parties may from time to time for their own part specify by notification for the purposes of this Article.

ARTICLE 8

Entry into Force

This Agreement shall enter into force on the date on which the Parties have notified each other in writing through diplomatic channels that their legal requirements have been complied with.

ARTICLE 9

Termination of Agreement

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 at Ottawa, this 25^th day of March 2004, in the English, French and Norwegian languages, each text being equally authentic.

Shirley Serafini

FOR THE GOVERNMENT OF CANADA

Kim Traavik

FOR THE GOVERNMENT OF NORWAY