Page 620 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
4. The public prosecutor shall immediately send a copy of his decision to close a criminal fi-
nancial investigation to our Minister. At the same time, he sends the requesting foreign State all
the information that is useful to it.
Article 13a
1. Insofar as a convention provides for this, objects can be seized at the request of a foreign
State:
a. with regard to which a sanction amounting to confiscation can be imposed under
the law of the foreign State;
b. to safeguard the right of recourse for an obligation to pay an amount of money for
the removal of an unlawfully obtained benefit, which can be imposed under the law of the fore-
ign State, or
c. which can serve to demonstrate an unlawfully obtained benefit.
2. Attachment as referred to in paragraph 1, sub a and b can take place only if the information
provided by the foreign State with its request shows that the competent authorities of that State
gave an order or would have given an order for attachment, if the object concerned were on its
territory and attachment was permitted under Dutch law.
3. For the application of paragraph 2, attachment under Dutch law is permitted if this would
also have been possible if the act or acts for which the foreign State requested the attachment
had been committed in the Netherlands.
4. The attachment of objects as referred to in paragraph 1, sub a and b can also take place only
if there are well-founded reasons for the expectation that in this respect the requesting foreign
State will make a request for the enforcement of a confiscation or for a sanction involving the
removal of the unlawfully obtained benefit.
Article 13b
1. Insofar as a convention provides for this, objects, with regard to which a court of a foreign
State has given an order with a comparable scope to an order for confiscation or the removal of
an unlawfully obtained benefit, can be seized at the request of a foreign State.
2. Attachment as referred to in paragraph 1 can take place only in cases in which there are
well-founded reasons for the expectation that the order referred to in that paragraph will be en-
forced in the Netherlands in the short term.
Article 13c
1. The provision of Article 13, paragraph 3 and Article 13a, paragraph 4, do not mean that
seized objects cannot be surrendered to the requesting foreign State upon request, with the aim
of imposing and enforcing an order for confiscation or a sanction entailing the removal of an