22 DE ABRIL DE 1999

1600-(7)

3 — Where the sentence imposed on a person transferred under this article expires while the person is in the requesting State, that person shall be released and thereafter treated as a person referred to in article 8.

Article 8

Availability of other persons in the requesting State

1 — A request may be made for assistance in making a person available to testify or to assist an investigation or a proceeding in the requesting State.

2 — The requested State shall, if satisfied that appropriate arrangements for that person's safety will be made by the requesting State, invite the person to assist in the investigation or proceeding or to appear as a witness and seek that person's concurrence thereto.

Article 9 Safe conduct

1 — A person present in the requesting State in response to a request seeking that person's attendance shall not be prosecuted, detained or subjected to any other restriction of personal liberty in that State for any acts or omissions which preceded that person's departure from the requested State, nor shall that person be obliged to give evidence in any proceeding or to assist an investigation other than the proceedings or investigation to which the request relates.

2 — A person, who is present in the requesting State by consent as a result of a request for the person's attendance to answer before a judicial authority for any acts, omissions or convictions shall not be prosecuted or detained or subjected to any other restriction of personal liberty for acts and omissions or convictions which preceded that person's departure from the requested State, not specified in the request.

3 — Paragraphs 1 and 2 of this article shall cease to apply if a person, being free to leave the requesting State, has not left it within a period of forty-five days after being officially notified that that person's attendance is no longer required or, having left that territory, has voluntarily returned.

4 — Any person who fails to appear in the requesting State may not be subjected to any sanction or compulsory measure in the requested State.

5 — A person appearing before an authority in the requesting State shall not be subject to prosecution based on the testimony given, except in relation to perjury.

Article 10

Proceeds of crime

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

2 — When proceeds of crime are located, the requested State shall assist with or initiate such proceedings as are permitted by its law to prevent any dealing, transfer or disposal of the property or assets pending a final determination by a court of the requesting or requested State.

3 — The requested State shall, to the extent its law permits:

a) Give effect to a confiscation or other similar order relating to the proceeds made by a court of the requesting State; or

b) Initiate appropriate forfeiture proceedings in relation to the property or assets found in the requested State.

4 — Proceeds confiscated pursuant to this Treaty shall be retained by the requested State, 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.

PART III Procedure

Article 11

Contents of requests

1 — In all cases requests for assistance shall include:

a) The name of the competent authority conducting the investigation or proceedings to which the request relates;

b) A description of the nature of the investigation or proceedings, including a summary of the relevant facts and laws;

c) The purpose for which the request is made and the nature of the assistance sought;

d) The need, if any, for confidentiality and the reasons therefor; and

e) Any time limit within which compliance with the request is desired.

2 — Requests for assistance shall also contain the following information:

a) Where possible, the identity, nationality and location of the person or persons who are the subject of the investigations or proceedings;

b) Where necessary, details of any particular procedure or requirement that the requesting State wishes to be followed and the reasons therefor;

c) In the case of requests for the taking of evidence or search and seizure, a statement indicating the basis for belief that evidence may be found in the jurisdiction of the requested State;

d) In the case of requests to take evidence from a person, a statement as to whether sworn of affirmed statements are required, and a description of the subject matter of the evidence or statement sought;

e) In the case of lending of evidence, the person or class of persons who will have custody of the evidence, the place to which the evidence is to be removed, any tests to be conducted and the date by which the evidence will be returned; and

f) In the case of making detained persons available, the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person's return.

3 — If the requested State considers that the information contained in the request is not sufficient to