Southern African Development Community
ARTICLE 19
LOCATION OF PROCEEDS OF CRIME
The Requested State shall, upon request, endeavour to ascertain whether any
proceeds of crime or alleged crime are located within its jurisdiction and shall
notify the Requesting State of the results of its enquiries. In making the request,
the Requesting State shall notify the Requested State of the basis of its belief that
such proceeds of crime or alleged crime are located within its jurisdiction.
ARTICLE 20
SECURING THE PROCEEDS OF CRIME
1.
In pursuance of a request made under this Protocol, the Requested State
shall endeavour to trace assets, investigate financial dealings, and obtain
other information or evidence that may assist to secure the recovery of
proceeds of crime.
2.
Where, pursuant to paragraph 1, suspected proceeds of crime are found,
the Requested State shall take such measures as are permitted by its laws
to prevent any dealing in, transfer or disposal of, those suspected proceeds
of crime, pending a final determination in respect of those proceeds by a
court of the Requesting State.
3.
State Parties shall, to the extent permitted by their laws, not decline to give
assistance under this Article on the grounds of bank secrecy.
ARTICLE 21
REQUEST FOR FORFEITURE OR CONFISCATION
1.
The Requested State shall upon request initiate proceedings for forfeiture
or confiscation of any proceeds of crime.
2.
Requests shall be executed in accordance with the laws of the Requested
State.
SADC Protocol on Mutual Legal Assistance in Criminal Matters
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