On the Ratification of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Home / RLA / On the Ratification of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

The Law of the Republic of Kazakhstan dated May 2, 2011 No. 431-IV

To ratify the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, committed in Strasbourg on November 8, 1990, with the following reservations: 1) in accordance with paragraph 2 of article 2 and paragraph 4 of Article 6 of the Convention, the Republic of Kazakhstan applies paragraph 1 of article 2 and paragraph 1 of Article 6 of the Convention in respect of only those offences which entail criminal liability in accordance with the laws of the Republic of Kazakhstan; 2) in accordance with paragraph 3 of Article 14 of the Convention, the Republic of Kazakhstan applies paragraph 2 of article 14 of the Convention only taking into account its constitutional principles and the basic concepts of its legal system;  The footnote. Subparagraph 2) as amended by the Law of the Republic of Kazakhstan dated 30.06.2014 No. 218-V (effective ten calendar days after the date of its first official publication). 3) in accordance with paragraph 3 of Article 25 of the Convention, requests and supporting documents sent to the Republic of Kazakhstan must be accompanied by translations into Kazakh or Russian, unless otherwise established by other ratified international treaties concluded between the Republic of Kazakhstan and one of the States parties to the Convention.; 4) in accordance with paragraph 2 of Article 32 of the Convention, information or evidence provided by the Republic of Kazakhstan in accordance with the provisions of Chapter III of the Convention may not be used or transferred without the prior consent of the Republic of Kazakhstan by the authorities of the requesting Party for investigations or proceedings other than those referred to in the request.

President of the Republic of Kazakhstan N. NAZARBAYEV

Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (Strasbourg, November 8, 1990)

The preamble

The member States of the Council of Europe and other signatory States to this Convention, considering that the aim of the Council of Europe is to create a closer union between its members, convinced of the need to pursue a common criminal policy aimed at protecting society, considering that the fight against dangerous forms of crime, which are increasingly becoming international in nature, requires the use of effective and modern methods on an international scale, believing that one of these methods is to deprive the criminal of income, Considering that in order to achieve this goal it is necessary to create an effective system of international cooperation, we agreed on the following:

Chapter I. Use of terms

Article 1 Use of terms

For the purposes of this Convention: (a) "Income" means any economic benefit obtained as a result of the commission of a criminal offence. This benefit may include any property defined in subparagraph (b) of this article; (b) "property" means property of any kind, tangible or intangible, movable or immovable, as well as legal acts or documents granting the right to such property.; (c) "Implements" means any property used or intended to be used, in any way, in whole or in part, to commit a criminal offence or criminal offences; (d) "Confiscation" means a punishment or measure imposed by a court as a result of proceedings in a criminal case or criminal cases and consisting in the deprivation of property; (e) "predicate offence" means any criminal offence as a result of which proceeds have been generated that may become the subject of an offence in accordance with article 6 of this Convention.

Chapter II. Measures taken at the national level

Article 2 Confiscation measures

1. Each Party shall take legislative and other necessary measures to enable it to confiscate implements and proceeds or property whose value corresponds to these proceeds. 2. Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare in a declaration addressed to the Secretary General of the Council of Europe that paragraph 1 of this article applies only to offences or categories of offences specified in this declaration.

Article 3 Investigative measures and preliminary measures

Each Party shall take legislative and other necessary measures that enable it to identify and search for property subject to confiscation in accordance with paragraph 1 of Article 2 and to prevent any transactions with, transfer or disposal of such property.

Article 4 Special powers and methods of investigation

1. Each Party shall take legislative and other necessary measures giving their courts or other competent authorities the right to request or seize banking, financial or commercial documents in order to carry out the actions specified in Articles 2 and 3. A Party may not refuse to comply with the provisions of this article under the pretext of bank secrecy. 2. Each Party is considering taking legislative and other necessary measures to enable it to use special investigative techniques that facilitate the identification and search of income, as well as the collection of relevant evidence. These techniques may include secret control orders, surveillance, interception of communications over telecommunication networks, access to computer systems, and orders to prepare certain documents.

Article 5 Legal remedies

Each Party shall take legislative and other necessary measures to ensure that interested parties affected by the measures provided for in articles 2 and 3 have effective legal remedies for their rights.

Article 6 Money laundering offences

1. Each Party shall take legislative and other necessary measures to qualify as a criminal offence in accordance with its domestic law, if there is intent: a) conversion or transfer of property, if it is known that this property is income obtained by criminal means, in order to conceal the illegal origin of such property or to help any person involved in the commission of the main offense to avoid the legal consequences of their actions; (b) concealment or concealment of the actual nature, origin, location, location or movement of property or rights to it, if it is known that this property represents income derived from crime; and taking into account its constitutional principles and the basic concepts of its legal system; (c) the acquisition, possession or use of property, if at the time of It was known that it was criminally obtained income.; (d) Participation or complicity in any of the offences defined in this article or in an attempt to commit it, as well as for aiding, abetting, assisting or advising in connection with the commission of such an offence. 2. For the purposes of fulfilling or applying paragraph 1 of this article: (a) It does not matter whether the predicate offence falls under the criminal jurisdiction of the Party; (b) It may be provided that the offences referred to in this paragraph do not apply to persons who have committed the predicate offence.; (c) Knowledge, intent or motive as elements of the offence provided for in this paragraph may be inferred from objective circumstances. 3. Each Party may take such measures as it deems necessary to qualify as offences, in accordance with its domestic law, all or some of the actions referred to in paragraph 1 of this article in any of the following cases (or in all of these cases), when the offender: a) had to assume that the property was income obtained by criminal means; b) acted with the aim of obtaining benefits; c) acted with the aim of facilitating the continuation of criminal activities. 4. Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare in a declaration addressed to the Secretary General of the Council of Europe that paragraph 1 of this article applies only to predicate offences or the categories of such offences specified in that declaration.

Chapter III. International cooperation

Section 1 Principles of international cooperation

Article 7 General principles and measures in the field of international cooperation

1. The Parties shall cooperate with each other to the maximum extent possible in conducting investigations and judicial proceedings for the purpose of confiscation of implements and proceeds. 2. Each Party shall take legislative and other necessary measures to enable it to comply with the requests set out in this chapter.: a) on the confiscation of specific property representing income or implements, as well as on the confiscation of income, consisting in the requirement to pay a sum of money corresponding to the value of income; (b) Assistance in conducting investigations and the adoption of interim measures aimed at one of the forms of confiscation referred to in paragraph (a) above.

Section 2 Assistance in conducting investigations

Article 8 Obligation to provide assistance

To the maximum extent possible, the Parties shall assist each other, upon request, in identifying and locating implements, proceeds and other property subject to confiscation. This assistance includes measures to provide and search for information regarding the existence, location or movement, nature, legal status and value of the above-mentioned property.

Article 9 Providing assistance

The assistance provided for in Article 8 is provided in accordance with the domestic law of the requested Party and, insofar as it does not contradict the said law, in accordance with the procedures specified in the request.

Article 10 Transmitting information without a request

Without prejudice to its own investigation or proceedings, a Party may, without prior request, transfer information about the instruments and proceeds to the other Party when it considers that disclosure of such information may assist the receiving Party in initiating or conducting an investigation or proceeding, or may lead that Party to make a request in accordance with this chapter.

Section 3 Preliminary measures

Article 11 Obligation to take preliminary measures

1. A Party shall take, at the request of the other Party that has initiated criminal proceedings for the purpose of confiscation, the necessary preliminary measures, such as freezing or seizing property, preventing any transactions, transferring or disposing of property that may subsequently become the subject of a request for confiscation or its adequate replacement. 2. A Party that has received a request for confiscation in accordance with Article 13 shall, if requested, take the measures referred to in paragraph 1 of this article with respect to any property that is the subject of the request or its adequate substitute.

Article 12 Implementation of preliminary measures

1. The provisional measures referred to in article 11 shall be carried out in accordance with the domestic law of the requested Party and, to the extent not contrary to such law, in accordance with the procedures specified in the request. 2. Before canceling any provisional measure taken in accordance with this article, the requested Party shall, whenever possible, give the requesting Party an opportunity to present its arguments in favor of extending this measure.

Section 4 Confiscation

Article 13 Obligation to confiscate

1. A Party that has received a request from the other Party for the confiscation of implements or proceeds located on its territory: (a) Executes a confiscation order issued by a court of the requesting Party in respect of these implements or proceeds; or (b) transmits the request to its competent authorities for them to make a confiscation order and, if such an order is issued, executes it. 2. For the purposes of applying paragraph 1 (b) of this article, any Party may, if necessary, initiate confiscation proceedings in accordance with its domestic law. 3. The provisions of paragraph 1 of this article shall also apply to confiscation in the form of a demand for payment of a sum of money corresponding to the value of income, if the property to which confiscation may be directed is located in the territory of the requested Party. In this case, by making a confiscation in accordance with paragraph 1, the requested Party, in case of non-payment of the required amount, shall claim any property available for this purpose. 4. If a specific property is specified in the request for confiscation, the Parties may agree that the requested Party may confiscate it in the form of a demand to pay a sum of money corresponding to the value of the property.

Article 14 Implementation of confiscation

1. The procedures for obtaining a permit for confiscation and for carrying out confiscation in accordance with Article 13 shall be determined by the legislation of the requested Party. 2. The requested Party is bound by conclusions regarding the facts to the extent that they are stated in the verdict or judicial decision of the requesting Party, or to the extent that the verdict 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, declare in a declaration addressed to the Secretary General of the Council of Europe that paragraph 2 of this Article applies only in accordance with its constitutional principles and the basic concepts of its legal system. 4. If the confiscation consists of a requirement to pay a certain amount of money, the competent authority of the requested Party will convert this amount into the currency of that Party at the exchange rate in effect at the time of the decision to grant the request for confiscation. 5. In the case provided for in paragraph 1 (a) of article 13, only the requesting Party has the right to decide on any request for review of the confiscation order.

Article 15 Confiscated property

The requested Party shall dispose of any property it has confiscated in accordance with its domestic law, unless the Parties concerned agree otherwise.

Article 16 The right to enforce a confiscation order and the maximum amount of confiscation

1. A request for confiscation made in accordance with article 13 shall not affect the right of the requested Party to enforce the confiscation order itself. 2. Nothing in this Convention may be interpreted as allowing the total value of the confiscated property to exceed the amount specified in the confiscation order. If one or another Party comes to the conclusion that this may happen, then the relevant Parties begin consultations in order to prevent such consequences.

Article 17 Deprivation of liberty in case of non-fulfillment of property sanctions determined by a guilty verdict

The requested Party may not impose a decision on deprivation of liberty in case of non-fulfillment of the property sanctions determined by the conviction, or take any other measures restricting freedom on the basis of a request made in accordance with article 13, if the requesting Party specifically indicated this in the request.

Section 5 Refusal and postponement of cooperation

Article 18 Grounds for refusal

1. Cooperation in accordance with this chapter may be refused if: (a) The request is contrary to the basic legal principles of the requested Party; or (b) the execution of the request may prejudice the sovereignty, security, public order or other essential interests of the requested Party; or (c) the requested Party considers that the case in connection with which the request is made is not important enough to justify the requested measure; or (d) the offence for which the request is made is a political or tax offence; or (e) the requested Party considers that the requested measure is contrary to the principle of ne bis in idem; or (f) the offence for which the request is made would not be considered an offence under the law of the requested Party if it were committed on the territory under its jurisdiction. However, this ground of refusal applies to cooperation under section 2 only to the extent that the requested assistance includes coercive measures. 2. Cooperation in accordance with section 2, to the extent that the requested assistance includes coercive measures, and in accordance with section 3 of this chapter may also be refused if, under the law of the requested Party, the requested measures cannot be taken for the purpose of investigation or proceedings in the case of a similar internal matter. 3. In cases where required by the law of the requested Party, cooperation in accordance with section 2, to the extent that the requested assistance includes coercive measures, and cooperation in accordance with section 3 of this chapter, may be refused if the requested measures or any other measures leading to a similar result do not are permitted by the legislation of the requesting Party, or if the request is not authorized by a judge or other judicial authority active in the field of criminal justice of the requesting Party, including the prosecutor's office. 4. Cooperation in accordance with section 4 of this chapter may be refused if: (a) The law of the requested Party does not provide for confiscation in connection with offences similar to the offence for which the request is made, or (b) without prejudice to the obligation under paragraph 3 of article 13, it would be contrary to the principles of the domestic law of the requested Party with regard to the limits of confiscation, taking into account the link between the offence and: i) an economic benefit that can be classified as income; or (ii) property that can be qualified as tools; or (c) according to the legislation of the requested Party, a confiscation order cannot be made or executed due to the statute of limitations; or (d) the request is not related to an earlier verdict, judicial decision, or a statement contained in such decision on the improvement of the offense or offenses, on the basis of which a confiscation order was issued or a request was sent; or (f) the confiscation order is not enforceable by the requesting Party or is subject to appeal by the usual means; or (f) the request is related to a confiscation order issued on the basis of a decision taken in the absence of the person against whom the order is directed, and if, in the opinion of the requested Party, during the proceedings conducted by the requesting Party and As a result of this decision, the minimum protection rights granted to any person accused of committing an offence were not respected. 5. For the purposes of paragraph 4 (f) of this article, a decision shall not be deemed to have been taken in the absence of the accused: (a) if it was confirmed or made after an appeal by the person concerned, or (b) if it was made on appeal, provided that the appeal was filed by the person concerned. 6. When considering, for the purposes of paragraph 4 (f) of this article, whether the minimum rights to a defence have been respected, the requested Party shall take into account the fact that the person concerned sought to escape justice or, having the opportunity to appeal a decision rendered in his absence, chose not to do so. The same applies to the case when the relevant person, who was duly summoned to court, decided not to appear on summons and did not ask for a postponement of the appearance time. 7. A Party may not invoke bank secrecy as a basis for refusing any cooperation in accordance with this chapter. When provided for by its domestic legislation, a Party may require that a request for cooperation that would entail the removal of bank secrecy be authorized by a judge or other judicial authority, including the prosecutor's Office, operating in the field of criminal justice. 8. Without prejudice to the grounds for refusal referred to in paragraph 1 (a) of this article: (a) The requested Party may not invoke as an obstacle to cooperation in accordance with this chapter the fact that a person who is under investigation or against whom a confiscation order has been issued by the authorities of the requesting party is a legal entity; (b) The provision of assistance in accordance with paragraph 1 (a) of article 13 may not be hindered by the fact that the natural person against whom the confiscation order was issued subsequently died, or by the fact that the legal person against whom the confiscation order was issued subsequently ceased to exist.

Article 19 Postponement

The requested Party may defer taking action on the request if such measures could prejudice the investigation or proceedings conducted by its authorities.

Article 20 Partial or conditional satisfaction of a request

Before refusing or postponing cooperation in accordance with this chapter, the requested Party, after consulting with the requesting Party, if necessary, considers whether it is possible to grant the request in part or on the terms it deems necessary.

Section 6 Service of documents and protection of the rights of third parties

Article 21 Service of documents

1. The parties shall provide each other with all possible assistance in the delivery of court documents related to preliminary measures and confiscation. 2. Nothing in this article is intended to restrict: a) the possibility of sending court documents by mail directly to persons located abroad; (b) The possibility for judicial officials, officials or other competent authorities of the sending Party to serve judicial documents directly through the consular authorities of that Party or through judicial officials, officials or other competent authorities of the Party of destination, unless the Party of destination, at the time of signature or deposit of its instrument of ratification, acceptance, approval or Upon its accession, it will not make a statement to the contrary effect to the Secretary General of the Council of Europe. 3. When handing over court documents to persons abroad who are affected by provisional measures or confiscation orders issued by the sending Party, this Party indicates what legal remedies are available to these persons in accordance with its legislation.

Article 22 Recognition of foreign decisions

1. When considering a request for cooperation in accordance with sections 3 and 4, the requested Party recognizes any judicial decision rendered by the requesting Party with respect to the rights of third parties. 2 Such recognition may be refused if: (a) The third parties did not have sufficient opportunities to assert their rights; or (b) the decision contradicts a decision already made by the requested Party on the same issue; or (c) it is incompatible with the public order of the requested Party; or (d) the decision was made contrary to the provisions relating to the exclusive jurisdiction provided for by the law of the requested Party.

Section 7 Procedural and other general rules

Article 23 Central authority

1. The Parties shall designate a central authority or, if necessary, authorities responsible for sending requests in accordance with this chapter and responding to them, executing such requests or transmitting them to authorities with the necessary competence to execute them. 2. Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, inform the Secretary General of the Council of Europe of the names and addresses of the authorities designated in accordance with paragraph 1 of this Article.

Article 24 Direct contacts

1. The central authorities are in direct contact with each other. 2. In urgent cases, requests and communications in accordance with this chapter may be sent directly by judicial authorities, including the Prosecutor's Office of the requesting Party. In such cases, a copy of the request or message is simultaneously sent through the central authority of the requesting Party to the central authority of the requested Party. 3. Any request or communication in accordance with paragraphs 1 and 2 of this article may be transmitted through the International Criminal Police Organization (Interpol). 4. If a request is made in accordance with paragraph 2 of this article and if the authority receiving the request is not competent to consider it, it shall forward it to the competent authority of its country and inform the requesting Party directly. 5. Requests and communications in accordance with section 2 of this chapter that do not provide for coercive measures may be transmitted by the competent authorities of the requesting Party directly to the competent authorities of the requested Party.

Article 25 Request form and languages

1. All requests under this chapter shall be made in writing. It is allowed to use modern means of telecommunication, such as telefax. 2. Subject to the provisions of paragraph 3 of this article, translation of requests or supporting documents is not required. 3. Any Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, notify the Secretary General of the Council of Europe that it reserves the right to request that requests or supporting documents sent to it be accompanied by a translation into its mother tongue or one of the official languages of the Council. Europe, or whichever of these languages she chooses. In this regard, she may declare her willingness to accept a translation into any other language that she specifies. Other Parties can apply the reciprocity rule.

Article 26 Legalization

Documents submitted in accordance with this chapter are exempt from all legalization formalities.

Article 27 Content of the request

1. Any request for cooperation under this chapter shall specify: (a) The authority making the request and the authority conducting the investigation or proceedings; (b) The subject and basis for the request; (c) Matters, including relevant facts (such as the date, place and circumstances of the offence), on which the investigation or proceedings are being conducted, except in cases where the service is involved court documents; (d) If cooperation requires the adoption of coercive measures: (i) texts of regulations or laws or, if this is not possible, a statement of the applicable law; and (ii) a statement that the requested measure or any other measure leading to similar results may be taken in the territory of the requesting Party in accordance with its own legislation; f) if necessary and as far as possible: (i) Information about the person or persons concerned, indicating the name, date and place of birth, nationality and location, as well as, in the case of a legal entity, its headquarters; and (ii) information about the property being the subject of the request, its location, connection with the person or persons concerned, as well as with and any available information about the rights of others to that property; and (f) any specific procedure that the requesting Party considers desirable to follow. 2. The request for provisional measures in accordance with section 3, concerning the seizure of property that may be the subject of a confiscation order in the form of a demand for payment of a certain amount, also specifies the maximum amount to be received from this property. 3. In addition to the information specified in paragraph 1, any request, in accordance with section 4, contains: (a) In connection with paragraph 1 (a) of article 13: (i) a certified copy of the confiscation order issued by the court of the requesting Party and a statement of the grounds for that order, if any are not specified in the order itself; (ii) The conclusion of the competent authority of the requesting Party that the confiscation order can be enforced and is not subject to (iii) Information on the extent to which the decision should be enforced; (iv) Information on the need to take preliminary measures; (b) In connection with paragraph 1 (b) of article 13, a statement of the facts on which the requesting Party is based and which should be sufficient for the requested Party to raise the issue of an order based on its domestic law; (c) If third parties had the opportunity to declare your rights are documents confirming this possibility.

Article 28 Improper requests

1. If the request does not comply with the provisions of this chapter or if the information provided therein is insufficient for the requested Party to make a decision on it, that Party may request the requesting Party to amend the request or supplement it with the necessary information. 2. The requested Party may set a time limit for receiving such amendments or additions. 3. Pending receipt of the requested amendments or additions in connection with a request made in accordance with section 4 of this chapter, the requested Party may take any measures specified in sections 2 or 3 of this chapter.

Article 29 Plurality of requests

1. If the requested Party receives more than one request under sections 3 and 4 of this Chapter regarding the same person or property, the multiplicity of requests does not prevent the requested Party from taking action on requests requiring prior action. 2. In the case of multiple requests made in accordance with section 4 of this chapter, the requested Party shall consult with the requesting Parties.

Article 30 Obligation to provide reasons

The requested Party must indicate the reasons for its refusal, postponement or conditionality of the request for cooperation made in accordance with this chapter.

Article 31 Information

1. The requested Party shall promptly inform the requesting Party of: (a) the actions taken upon a request made in accordance with this chapter; (b) the final outcome of the actions taken upon the request; (c) the refusal, postponement or conditions in respect of all or part of the request made in accordance with this chapter; (d) any circumstances that make it impossible to carry out the requested measures or can significantly slow down their execution; and (e) If it is necessary to take preliminary measures upon a request made in accordance with sections 2 and 3 of this chapter, on those provisions of its domestic law that will automatically require the lifting of these measures. 2. The requesting Party shall promptly inform the requested Party of: (a) any review, decision or other circumstances in connection with by which the confiscation order becomes fully or partially invalid; b) any changes, factual or legal, by virtue of which any action under this chapter becomes unjustified. 3. If, on the basis of the same resolution, a Party requests the confiscation of property in several Parties, it shall notify all Parties concerned by the enforcement of this resolution.

Article 32 Restriction of use

1. The requested Party may make it a condition for the execution of the request to ensure that the information or evidence received is not used or transmitted, without its prior consent, by the authorities of the requesting Party for investigations or proceedings other than those referred to in the request. 2. Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare in a declaration addressed to the Secretary General of the Council of Europe that the information or evidence provided by it in accordance with this Chapter may not be used or transmitted, without its prior consent, by the authorities of the requesting Party. for investigations or proceedings other than those referred to in the request.

Article 33 Confidentiality

1. The requesting Party may require the requested Party to keep the facts and contents of the request secret and disclose them only to the extent necessary for the execution of the request. If the requested Party is unable to comply with the confidentiality requirement, it promptly notifies the requesting Party. 2. The requesting Party, if requested to do so and if it does not contradict the basic principles of its domestic law, shall keep secret any evidence and information provided by the requested Party, disclosing them only to the extent necessary for the investigations or proceedings specified in the request. 3. Subject to the provisions of its domestic law, a Party that has received information in accordance with Article 10 (without prior request) shall comply with any confidentiality requirements of the Party that provided this information. If she is unable to comply with such requirements, she promptly informs the Party who provided the information.

Article 34 Costs

The usual costs associated with the execution of the request are covered by the requested Party. If the costs are significant or extraordinary, the Parties agree on the conditions for executing the request and covering the costs.

Article 35 Damage

1. If a person files a claim for liability for damage caused by an act or omission in connection with cooperation in accordance with this chapter, the Parties shall consider holding consultations with each other, if necessary, in order to agree on the distribution of any amounts payable in compensation for such damage. 2. The Party who is sued for damages takes measures to inform the other Party about this, if this Party may be affected by this case.

Chapter IV Final provisions

Article 36 Signature and entry into force

1. This Convention is open for signature by the member States of the Council of Europe and other States that participated in its elaboration. These States may express their consent to bind themselves: (a) A signature without reservation of ratification, acceptance or approval; or (b) a signature with reservation of ratification, acceptance or approval followed by ratification, acceptance or approval. 2. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 3. This Convention shall enter into force on the first day of the month following the expiration of three months from the date on which three States, of which at least two are member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 1. 4. For any signatory State which subsequently expresses its consent to be bound by the Convention, the Convention shall enter into force on the first day of the month following the expiration of three months from the date on which they expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 1.

Article 37 Accession to the Convention

1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consultations with the States Parties to the Convention, may invite any State that is not a member of the Council and has not participated in its drafting to accede to the Convention, provided that the relevant decision is taken by a majority vote provided for in Article 20 (e) The Statute of the Council of Europe, and was unanimously approved by the representatives of the Parties in the Committee. 2. For any State which has acceded to the Convention, the Convention shall enter into force on the first day of the month following the expiration of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

Article 38 Territorial application

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention applies. 2. Any State may at any future time, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. The Convention shall enter into force in respect of that Territory on the first day of the month following the expiration of three months on the date of receipt of such declaration by the Secretary-General. 3. Any declaration made in accordance with the two preceding paragraphs may be withdrawn in respect of any Territory specified in that declaration by notification addressed to the Secretary-General, the withdrawal taking effect on the first day of the month following the expiration of three months from the date of receipt of such notification by the Secretary-General.

Article 39 Relation to other conventions and agreements

1. This Convention does not affect the rights and obligations arising from international multilateral conventions on specific issues. 2. The Parties to the Convention may conclude bilateral or multilateral agreements among themselves on matters covered by this Convention in order to supplement or strengthen its provisions or facilitate the application of the principles set out therein. 3. If two or more Parties have already concluded an agreement or treaty on a particular issue covered by this Convention, or have otherwise determined their relations on this issue, they have the right to apply this agreement or treaty or regulate their relations accordingly instead of this Convention, if this facilitates international cooperation.

Article 40 Reservations

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare the application of one or more reservations in accordance with article 2, paragraph 2; article 6, paragraph 4; article 14, paragraph 3; article 21, paragraph 2; article 25, paragraph 3; and article 32, paragraph 2. No other reservations are allowed. 2. Any State which has made a reservation in accordance with the preceding paragraph may withdraw it in whole or in part by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary General. 3. A Party that has made a reservation with respect to a provision of this Convention may not require the application of that provision by any other Party, if, however, the reservation is partial or conditional, the reserving Party may require the application of the relevant provision to the extent that it itself has accepted it.

Article 41 Amendments

1. Amendments to this Convention may be proposed by any Party, and the proposed amendments shall be transmitted by the Secretary General of the Council of Europe to the member States of the Council and to each non-member State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of Article 37. 2. Any amendment proposed by a party shall be transmitted To the European Committee on Crime, which submits its opinion on it to the Committee of Ministers. 3. The Committee of Ministers shall consider the proposed amendment and the opinion of the European Committee on Crime and may approve the amendment. 4. The text of any amendment approved by the Committee of Ministers in accordance with paragraph 3 of this Article shall be transmitted by the Parties for adoption. 5. Any amendment approved in accordance with paragraph 3 of this Article shall enter into force on the thirtieth day after all Parties have notified the Secretary-General of their acceptance of the amendment.

Article 42 Settlement of disputes

1. The European Committee on Crime Problems of the Council of Europe shall be kept informed of the interpretation and application of this Convention. 2. In the event of disagreement between the Parties regarding the interpretation or application of this Convention, the Parties shall seek to resolve the disagreement through negotiation or any other peaceful means of their choice, including referring the dispute to the European Committee on Crime, to an arbitration court whose decisions will be binding on the Parties, or to the International Court of Justice, whichever is the case. what the relevant Parties will agree on.

Article 43 Denunciation

1. Any Party may denounce this Convention at any time by notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall take effect on the first day of the month following the expiration of three months from the date of receipt of the notification by the Secretary-General. 3. However, this Convention shall continue to apply to the enforcement, in accordance with article 14, of confiscation requested in accordance with the provisions of this Convention prior to the effective date of such denunciation.

Article 44 Notifications

The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of: (a) any signature; (b) any deposit of an instrument of ratification, acceptance, approval or accession; (c) any date of entry into force of this Convention in accordance with articles 36 and 37; (d) Any reservation in accordance with paragraph 1 of article 40; (e) Any other act, notification or communication relating to this Convention. In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention.

Done at Strasbourg, this 8th day of November, 1990, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies of the Convention to each member State of the Council of Europe, to non-member States of the Council that participated in the elaboration of the Convention, and to any State that is invited to accede to the Convention.

I hereby certify that this text is a certified copy of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime.

First Deputy Chairman  Agencies of the Republic of Kazakhstan for Combating Economic and Corruption Crimes (financial police)  R. Ibraimov

I hereby certify that this text is a certified copy of the certified copy of the Convention on Laundering, Seizure and Confiscation of the Proceeds from Crime, done at The Hague on November 8, 1990.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan B. Piskorsky

The RCPI's note. The following is the text of the Convention in English and French.

President

Republic of Kazakhstan

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