be liable to the measures referred to in this article, in the same manner and to
the same extent as proceeds of crime.
6. For the purposes of this article and article 13 of this Convention, each
State Party shall empower its courts or other competent authorities to order that
bank, financial or commercial records be made available or be seized. States
Parties shall not decline to act under the provisions of this paragraph on the
ground of bank secrecy.
7. States Parties may consider the possibility of requiring that an offender demonstrate the lawful origin of alleged proceeds of crime or other
property liable to confiscation, to the extent that such a requirement is consistent with the principles of their domestic law and with the nature of the judicial
and other proceedings.
8. The provisions of this article shall not be construed to prejudice the
rights of bona fide third parties.
9. Nothing contained in this article shall affect the principle that the
measures to which it refers shall be defined and implemented in accordance
with and subject to the provisions of the domestic law of a State Party.
Article 13. International cooperation for purposes of confiscation
1. A State Party that has received a request from another State Party
having jurisdiction over an offence covered by this Convention for confiscation
of proceeds of crime, property, equipment or other instrumentalities referred to
in article 12, paragraph 1, of this Convention situated in its territory shall, to
the greatest extent possible within its domestic legal system:
(a) Submit the request to its competent authorities for the purpose of
obtaining an order of confiscation and, if such an order is granted, give effect
to it; or
(b) Submit to its competent authorities, with a view to giving effect to it
to the extent requested, an order of confiscation issued by a court in the territory of the requesting State Party in accordance with article 12, paragraph 1, of
this Convention insofar as it relates to proceeds of crime, property, equipment
or other instrumentalities referred to in article 12, paragraph 1, situated in the
territory of the requested State Party.
2. Following a request made by another State Party having jurisdiction
over an offence covered by this Convention, the requested State Party shall take
measures to identify, trace and freeze or seize proceeds of crime, property,
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents