II SÉRIE-A — NÚMERO 1

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(a) «assets» shall mean money and property of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such property, including the proceeds from a crime, or assets of an equivalent value if provided for by law, and the instrumentalities of a crime, which are in the possession of a Party, and which comprise the net proceeds realized as a result of a confiscation;

(b) «confiscation» shall mean any action under domestic law resulting in:

i) in the case of the United States of America, a forfeiture judgment of a federal court, which judgment is no longer subject to appeal, or an administrative forfeiture decision of a federal department or agency, either of which extinguishes title to assets of any kind related to or proceeding from crime, or of assets of an equivalent value, and which vests title to those assets in the United States of America;

ii) in the case of the Portuguese Republic, a confiscation order for the State made by a criminal court in the framework of a criminal proceeding in respect of the proceeds or instrumentalities of a crime, or of assets of an equivalent value, which is final and not subject to appeal;

(c) «cooperation» shall mean any assistance, including law enforcement, legal or judicial assistance, which

includes the enforcement of a restraining order or confiscation order of the other Party, and which has contributed to, or significantly facilitated, a confiscation in the territory of the other Party.

ARTICLE 4

CIRCUMSTANCES IN WHICH ASSETS MAY BE SHARED Whenever a Party is holding confiscated assets and considers that it has received cooperation from or

provided cooperation to the other Party, it may, at its discretion and in accordance with its domestic law, share those assets with the other Party upon its own initiative or based on a request received pursuant to Article 5.

ARTICLE 5

REQUESTS FOR ASSET SHARING 1 – A Party may make a request for asset sharing from the other Party in accordance with the provisions of

this Agreement when the cooperation provided by the requesting Party has led to a confiscation. 2 – In any case, a request for asset sharing shall be made in writing no later than one year from the date the

requesting Party takes notice of a confiscation of the assets, unless otherwise agreed between the Parties. 3 – The request made under paragraph 1 of this Article shall set out the circumstances of the cooperation to

which it relates, and shall include sufficient information to enable the requested Party to identify the case, the assets, and the official entities involved.

4 – Upon receipt of a request for asset sharing made in accordance with the provisions of this Article, the requested Party shall:

(a) consider whether to share assets as set out in Article 4 of this Agreement, and (b) inform the requesting Party of the outcome of that consideration and the reasons underlying the

outcome.

ARTICLE 6 SHARING OF ASSETS

1 – When the Party holding assets proposes to share those assets with the other Party, it shall: (a) determine, at its discretion and in accordance with its domestic law, the proportion of the assets to be

shared which, in its view, represents the extent of the cooperation afforded by the other Party; and (b) transfer a sum equivalent to that proportion to the other Party in accordance with Article 7 of this