The Saeima¹ has adopted and
the President has proclaimed the following law:

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

Section 1.

The 8 November 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (hereinafter - the Convention), is adopted and ratified by this Law.

Section 2.

In accordance with Article 6, Paragraph four of the Convention, it is provided that Article 6, Paragraph one of the Convention shall apply only to those criminally punishable offences as a result of which financial resources or other property have been acquired (predicate offences) and which are provided for in the Law On the Prevention of the Laundering of Proceeds from Crime, and the Ministry of Foreign Affairs shall notify the Secretary General of the Council of Europe thereof.

Section 3.

In accordance with Article 14, Paragraph three of the Convention, it is provided that Article 14, Paragraph two of the Convention shall be applied only in accordance with the constitutional principles and the basic concepts of the legal system of the Republic of Latvia, and the Ministry of Foreign Affairs shall notify the Secretary General of the Council of Europe thereof.

Section 4.

In accordance with Article 21, Paragraph two of the Convention, it is provided that the official issuance of court documents in the Republic of Latvia shall be performed by the Office of the Prosecutor-General during the pre-trial investigation stage and by the Ministry of Justice during the adjudication stage, and the Ministry of Foreign Affairs shall notify the Secretary General of the Council of Europe thereof.

Section 5.

In accordance with Article 23, Paragraph two of the Convention, it is provided that the authorised authorities of the Republic of Latvia for the international co-operation provided for by the Convention shall be as follows, and the Ministry of Foreign Affairs shall notify the Secretary General of the Council of Europe thereof:

1) the State Police - during the pre-trial investigation stage until the commencement of criminal prosecution;

2) the Office of the Prosecutor-General - during the pre-trial investigation stage until the sending of the matter to a court; and

3) the Ministry of Justice - during the adjudication stage.

Section 6.

In accordance with Article 25, Paragraph three of the Convention, the authorised authorities of the Republic of Latvia mentioned in Section 5 of this Law shall have the right to require that requests addressed to them, and the documents attached thereto, have a Latvian or an English language translation, and the Ministry of Foreign Affairs shall notify the Secretary General of the Council of Europe thereof.

Section 7.

In accordance with Article 32, Paragraph two of the Convention, it is provided that the authorities of the requesting party may not, without the prior consent of the authorised authorities of the Republic of Latvia, use or transfer information or evidence provided to them for the investigation of or in the proceedings regarding matters not mentioned in the agreement, and the Ministry of Foreign Affairs shall notify the Secretary General of the Council of Europe thereof.

Section 8.

The Law shall come into force on the day of its proclamation. The Convention in the English language and its translation into the Latvian language shall be proclaimed concurrently with the Law.

Section 9.

The Convention shall come into force at the time and in accordance with the procedures specified in Article 36 thereof, and the Ministry of Foreign Affairs shall give notice thereof in the newspaper Latvijas Vēstnesis [The official Gazette of the Government of the Republic of Latvia].

This Law has been adopted by the Saeima on 15 October 1998.

Acting for the President
Chairperson of the Saeima A.Čepānis

Rīga, 23 October 1998

¹ The Parliament of the Republic of Latvia

Translation © 2000 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)