Communication from the Ministry of Foreign Affairs No. 133 / 2024 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of Agreement No 3 between the Government of the Czech Republic, represented by the Ministry of Finance, and the Government of the Swiss Confederation, represented by the Federal Office of Justice, concerning the sharing of seized proceeds and property from crime
Valid
International Treaty
Effective from 24.04.2024
Text versions:
28.05.2024
133
COMMUNICATION
Ministry of Foreign Affairs
on the negotiation of Agreement No 3 between the Government of the Czech Republic, represented by the Ministry of Finance, and the Government of the Swiss Confederation, represented by the Federal Office of Justice, concerning the sharing of seized proceeds and property from crime
The Ministry of Foreign Affairs announces that on 24 April 2024 Agreement No 3 between the Government of the Czech Republic, represented by the Ministry of Finance, and the Government of the Swiss Confederation, represented by the Federal Office of Justice, was signed in Bern on 24 April 2024 concerning the sharing of seized proceeds and property from crime.
The Agreement entered into force on the date of signature, on the basis of Article 5 thereof.
The English version of the Agreement and its translation into the Czech language are announced simultaneously.
Minister:
z. JUDr. Smolek, Ph.D., LL.M., v. r.
Head of Legal and Consular Section
Agreement
Agreement No 3
between the Government of the Czech Republic, represented by the Ministry of Finance,
and
the Government of the Swiss Confederation, represented by the Federal Office of Justice,
concerning the sharing of prevented proceeds and property from crime
Government of the Czech Republic acting through the Ministry of Finance and Government of the Swiss Confederation acting through the Federal Office of Justice, hereinafter referred to as "the Parties', or individually as" the Czech Republic 'and "the Swiss Confederation',
Bearing in mind the judgment of the Federal Criminal Court of 9 January and 20 May 2015 in the case of the action of the Office of the Prosecutor General of Switzerland against John Godan for bribing foreign public officials, for qualifying illegal business, fraud, multiple falsification of documents and tax fraud; bearing in mind that the abovementioned judgment of the Federal Criminal Court decided to impose an obligation to compensate for damage of 1 454 000,00 CHF to Ganir International Trust Reg., c / o Professional Services Establishment, Australia 15, FL- 9490 Vaduz and for the benefit of the Swiss Confederation; Acknowledging that the mutual legal assistance of the Principality of Liechtenstein, the Czech Republic and the Slovak Republic has contributed significantly to the confiscation of this property; Acknowledging that each of the above countries is therefore entitled to half a third of the claim for compensation available under the sharing procedure; taking note of the application of the Swiss Federal Act of 19 March 2004 on the distribution of forfeited assets (hereinafter referred to as the Federal Act), in particular Articles 11 to 13 thereof; taking note of the abovementioned Federal Act, the Swiss Confederation may conclude asset-sharing agreements with foreign States; taking note of the abovementioned federal law requires, in particular, that such a sharing agreement be concluded: • to guarantee and provide mutual legal assistance to the competent judicial authorities in Switzerland; and • to guarantee reciprocity for the Swiss Confederation in accordance with Article 11 of the abovementioned Federal Act; Acknowledging that under Article 12 (3) of the Federal Law, the general rule is that the confiscated property is to be distributed equally between the Swiss Confederation and the foreign State; recognising that the creation of a claim for damages was possible through legal assistance provided by the Czech Republic in this matter; Notes that the Czech Republic granted reciprocity to the Swiss Confederation by letter dated 26 October 2022; Recognising the good relations between the national authorities of the Czech Republic and the Swiss Confederation responsible for providing mutual legal assistance in criminal matters,
agree as follows:
The parties have identified and agreed that the ratio of the seized assets in the preamble shared under this Agreement is 50% (50%).
The Swiss Confederation shall transfer to the Czech Republic fifty percent (50%) of one third of the claim for compensation (219 432,40 CHF) of the amount (438 864,80 CHF) resulting from the satisfaction of the abovementioned judgment in accordance with Article 3 of this Agreement.
The Parties agree that any amount transferred pursuant to Article 2 of this Agreement shall be paid by the Party in whose territory the funds obtained from the claim for damages (Switzerland), the Party receiving the payment (Czech Republic), using the following information:
| Česká národní | |
| Bankovní účet: | 19-3328001/0710 |
| IBAN: | CZ86 0710 0000 1900 0332 8001 |
| SWIFT / BIC: | CNBACZPP |
| Označení platby: | Dohoda o sdílení č. 3 |
Unless otherwise agreed, if a Party transfers the proceeds of a crime or property confiscated pursuant to Article 2 of this Agreement, the other Party shall use those proceeds of a crime or property for any lawful purpose at its discretion.
This Agreement shall enter into force on the date of signature by both Parties.
In evidence of the undersigned, duly empowered by his governments, have signed this Agreement.
Done at Bern, 24 April 2024 in two original copies in English.
For the Government of the Czech Republic
Pavlina Šráková v. r.
Chargé d'affaires a.i.
Embassy of the Czech Republic
in the Swiss Confederation
For the Government of the Swiss Confederation
Laurence Fontana Jungo v. r.
Deputy Director
Federal Bureau of Justice
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 133 / 2024 Coll., on the negotiation of Agreement No. 3 between the Government of the Czech Republic, represented by the Ministry of Finance, and the Government of the Swiss Confederation, represented by the Federal Office of Justice, concerning the sharing of seized proceeds and property from crime |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.05.2024 |
|---|---|
| Effective from | 24.04.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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