31 DE OUTUBRO DE 1991

1819

Article 9 Immunities and privileges

1 — Any person who attends in the territory of the Requesting Party pursuant to articles 7 and 8 shall not:

a) Be detained, prosecuted, or punished by that Party for any offence or be subject to any civil suit in the territory of that Party in respect of any act or omission which preceded that person's departure from the territory of the Requested Party; or

b) Without that person's consent, be required to give evidence in any proceeding other than the proceeding to which the request relates.

2 — The immunity provided for in paragraph 1 of this article shall cease if the person voluntarily remains in the territory of the Requesting Party more than 45 days after the date on which the presence of that person is no longer required or, having left, has voluntarily returned.

3 — A person present in the territory of the Requesting Party pursuant to a request under articles 7 and 8 shall not be subject to prosecution based on the testimony given but shall be subject to the laws of that Party in relation to the refusal to give evidence and giving evidence which is untrue.

4 — Notwithstanding paragraph 3 of this article a person who is required to give evidence pursuant to a request for assistance may decline to give evidence where either:

a) The law of the Requested Party would permit that person to decline to give evidence in similar circumstances in proceedings which originated in the territory of the Requested Party; or

b) Where the law of the Requesting Party would permit the person to decline to give evidence in such proceedings in the territory of the Requesting Party.

5 — Where a person giving evidence in the territory of one Party claims that there is a right to decline to give evidence under the law of the other Party, a certificate of that other Party shall conclusively determine that issue.

Article 10 Proceeds of crime

1 — The Requested Party shall, upon request, endeavour to ascertain whether any proceeds of the crime alleged are located within its jurisdiction and shall notify the Requesting Party of the results of its inquiries. In making the request, the Requesting Party shall notify the Requested Party of the basis of its belief that such proceeds may be located in its jurisdiction.

2 — The Requested Party shall, if its laws permit, arrange for a confiscation order relating to the proceeds of crime or any other measure having similar effect made by a court of the Requesting Party to be given effect.

3 — Where the Requesting Party notified its intention to seek the enforcement of a confiscation order

or a similar measure, the Requested Party shall take such measures consistent with its law to prevent any dealing in, transfer or disposal of, the property which is or may be affected by those orders.

4 — Proceeds confiscated pursuant to this Treaty shall be retained by the Requested Party, unless otherwise mutually decided in a particular case.

5 — In the application of this article the rights of bona fide third parties shall be respected under the law of the Requested Party.

6 — This article also applies to property used in the commission of the offence.

Article 11 Information on sentences and criminal records

1 — The Parties shall, as far as possible, notify each other of any penalties of imprisonment imposed on the nationals of the other Party.

2 — Either Party may request details of the criminal record of a person. The Requesting Party shall state the reasons for the request. The Requested Party shall grant the request insofar as its authorities can obtain this information in accordance with its law.

Article 12 Central Office

1 — Each Party shall designate a central office to send and receive requests and other communications relating to mutual assistance pursuant to this Treaty.

2 — A central office receiving a request for assistance shall refer it to the appropriate authorities for execution and shall transmit the response or results of the request to the central office of the other Party.

3 — The central office of Australia shall be the Attorney-General's Department, Canberra, and the central office of the Republic of Portugal shall be the Procuradoria-Geral da Repubhca, Lisbon.

Article 13

Requiremenls for the request for assistance

1 — A request for assistance shall be signed by the central office and shall include the following:

a) The name of the authority on whose behalf the request is made;

b) A precise description of the assistance requested;

c) A statement of the offence to which the request relates, a brief description of the acts or omissions constituting the offence and information on the date and place where it occurred;

d) To the extent possible, the identity and nationality of the person or persons who are the subject of the investigation or proceeding referred to in the request;

e) In cases of service of judicial decisions or any other documents or notifications the name and address, if known, of the person to be served or notified;

f) Any requirement for authentication;