Southern African Development Community HEREBY AGREE AS FOLLOWS: ARTICLE 1 DEFINITIONS 1. In this Protocol, terms and expressions defined in Article 1 of the Treaty shall bear the same meaning unless the context otherwise requires. 2. In this Protocol, unless the context otherwise requires: "confiscation" means a permanent deprivation of property by order of a court or other competent authority and includes forfeiture where applicable; "offence" means the fact or facts which constitute a crime under the laws of a Member State; "property" means assets of any kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible and any document or legal instrument evidencing title to, or interest in such assets; "proceeds of crime" means any property suspected, or found by a court, to be property directly or indirectly derived or realized as a result of the commission of an offence or to represent the value of property and other benefits derived from the commission of an offence; "Requested State" means a State being requested to provide assistance in terms of this Protocol; "Requesting State" means a State making a request for assistance in terms of this Protocol; "sentence" means any penalty or measure imposed or pronounced by a court of competent jurisdiction as a result of criminal conviction; "State Party" means any Member State which has ratified or acceded to this Protocol; "Third State" means any State other than the Requested State or Requesting State. SADC Protocol on Mutual Legal Assistance in Criminal Matters 2

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