"КОНВЕНЦИЯ ОБ ОТМЫВАНИИ, ВЫЯВЛЕНИИ, ИЗЪЯТИИ И КОНФИСКАЦИИ ДОХОДОВ ОТ ПРЕСТУПНОЙ ДЕЯТЕЛЬНОСТИ" (ETS N 141) [рус., англ.] (Заключена в г. Страсбурге 08.11.1990)

h might be such as to satisfy the request.

Article 12

Execution of provisional measures

1 The provisional measures mentioned in Article 11 shall be carried out as permitted by and in accordance with the domestic law of the requested Party and, to the extent not incompatible with such law, in accordance with the procedures specified in the request.
2 Before lifting any provisional measure taken pursuant to this article, the requested Party shall, wherever possible, give the requesting Party an opportunity to present its reasons in favour of continuing the measure.

Section 4

CONFISCATION

Article 13

Obligation to confiscate

1 A Party, which has received a request made by another Party for confiscation concerning instrumentalities or proceeds, situated in its territory, shall:
a enforce a confiscation order made by a court of a requesting Party in relation to such instrumentalities or proceeds; or
b submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such order is granted, enforce it.
2 For the purposes of applying paragraph 1.b of this article, any Party shall whenever necessary have competence to institute confiscation proceedings under its own law.
3 The provisions of paragraph 1 of this article shall also apply to confiscation consisting in a requirement to pay a sum of money corresponding to the value of proceeds, if property on which the confiscation can be enforced is located in the requested Party. In such cases, when enforcing confiscation pursuant to paragraph 1, the requested Party shall, if payment is not obtained, realise the claim on any property available for that purpose.
4 If a request for confiscation concerns a specific item of property, the Parties may agree that the requested Party may enforce the confiscation in the form of a requirement to pay a sum of money corresponding to the value of the property.

Article 14

Execution of confiscation

1 The procedures for obtaining and enforcing the confiscation under Article 13 shall be governed by the law of the requested Party.
2 The requested Party shall be bound by the findings as to the facts in so far as they are stated in a conviction or judicial decision of the requesting Party or in so far as such conviction or judicial decision is implicitly based on them.
3 Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraph 2 of this article applies only subject to its constitutional principles and the basic concepts of its legal system.
4 If the confiscation consists in the requirement to pay a sum of money, the competent authority of the requested Party shall convert the amount thereof into the currency of that Party at the rate of exchange ruling at the time when the decision to enforce the confiscation is taken.
5 In the case of Article 13, paragraph 1.a, the requesting Party alone shall have the right to decide on any application for review of the confiscation order.

Article 15

Confiscated property

Any property confiscated by the requested Party shall be disposed of by that Party in accordance with its domestic law, unless otherwise agreed by the Parties concerned.

Article 16

Right of enforcement and maximum amount of confiscation

1 A request for confiscation made under Article 13 does not affect the right of the requesting Party to enforce itself the confiscation order.
2 Nothing in



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