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13163 Mexico - Agreement Regarding the Sharing of Forfeited Assets


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13163

 

JUDICIAL ASSISTANCE

Narcotics

 

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and MEXICO

 

Signed at Washington September 4, 2001

 

 

 

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

MEXICO

Judicial Assistance: Narcotics

Agreement signed at Washington September 4, 2001;
Entered into force September 4, 2001.

AGREEMENT BETWEEN
THE DEPARTMENT OF JUSTICE OF THE UNITED STATES OF AMERICA AND
THE DEPARTMENT OF THE TREASURY OF THE UNITED STATES OF AMERICA,
TOGETHER ACTING ON BEHALF OF THE UNITED STATES OF AMERICA,
AND
THE OFFICE OF THE ATTORNEY GENERAL OF THE REPUBLIC
OF THE UNITED MEXICAN STATES AND
THE MINISTRY OF FINANCE AND PUBLIC CREDIT
OF THE UNITED MEXICAN STATES,
REGARDING THE SHARING OF FORFEITED ASSETS
The Department of Justice of the United States of America and the Department of the
Treasury of the United States of America, together acting on behalf of the United States
of America, on the one hand, and the Office of the Attorney General of the Republic and
the Ministry of Finance and Public Credit of the United Mexican States, on the other
hand, (hereinafter referred to as the "Parties"),
CONSIDERING that the Treaty on Cooperation Between the United Mexican States and
the United States of America for Mutual Legal Assistance (hereinafter "Mutual Legal
Assistance Treaty"), signed at Mexico City on December 9, 1987, provides that,
pursuant to their constitutional and other legal requirements, the two Governments "shall
assist each other, to the extent permitted by their respective laws, in procedures relating
to the immobilizing, securing, and forfeiture of the proceeds, fruits and instrumentalities
of crime, restitution and collection of fines";
CONSIDERING that the United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances done at Vienna on December 20, 1988 (hereinafter
"Vienna Convention") contemplates the possibility of entering into treaties, agreements
or bilateral and multilateral arrangements that permit sharing of property resulting from
the forfeiture of assets connected to narcotics crimes and related offenses;
RECALLING that the Agreement Between the United States of America and the United
Mexican States on Cooperation in Combatting Narcotics Trafficking and Drug
Dependency signed at Mexico City on February 23, 1989, allows that steps be taken as
necessary to provide cooperation directed to give full effect and in the most effective
manner, to the obligations assumed pursuant to the 1988 Vienna Convention referred to
above;
TAKING INTO CONSIDERATION the pledge expressed in the Binational Drug Strategy
of February 6, 1998, to reach a bilateral cooperation agreement regarding the forfeiture
of objects, instrumentalities, and proceeds of crime and the reciprocal sharing of
forfeited assets;
ACKNOWLEDGING the continuing threat to both countries posed by transnational
organized crime and the need to continue working together to fight this illegal activity;
RECOGNIZING the efforts made by both countries to contribute effectively to the fight
against transnational organized crime, particularly illegal drug trafficking, money
laundering and other related crimes; and
DESIRING to strengthen international cooperation and enhance law enforcement
effectiveness in both countries;
Have agreed as follows:
Article I
Scope of the Agreement
This Agreement is intended to establish procedures for reciprocal sharing of assets
forfeited as a result of investigations and proceedings in which one Government has
received assistance from the other.
Article II
Definitions
For the purposes of this Agreement:
1. "Property" or "assets" shall mean assets of every kind, whether corporeal or
incorporeal, movable or immovable, tangible or intangible;
2. "Forfeiture" shall mean permanent deprivation of property pursuant to a final, non-
appealable order of a court or other competent authority resulting from any action
under applicable domestic law.
Those assets which the Administrative Service for Seized Assets of the Ministry
of Finance and Public Credit of the United Mexican States has declared
abandoned and which declaration has been ratified by the competent judicial
authority shall, for the exclusive purposes of this Agreement, be given the same
treatment as forfeited property or assets.
3. "Assistance" shall mean assistance of any kind, including intelligence and
operational assistance or legal and judicial assistance that has been given by an
agency or institution of the Government of one of the countries to an agency or
institution of the Government of the other country, which has led to, or
significantly facilitated, the forfeiture of assets.
Article III
Executing Authorities
This Agreement will be executed by the following Authorities:
1. For the United Mexican States:
a. The Office of the Attorney General of the Republic;
b. The Ministry of Finance and Public Credit through the conduct of the
Administrative Service for Seized Assets.
2
3
2. For the United States of America:
a. The United States Department of Justice;
b. The United States Department of the Treasury.
Article IV
Transfer and Sharing of Forfeited Assets
1. When assistance of any kind has been provided, as contemplated under this
Agreement, in investigations, proceedings or actions resulting in the forfeiture of
assets representing the objects, instruments or proceeds of crime, or assets of
corresponding value, the Parties may share all or a portion of such assets or the
product of their sale, in accordance with the applicable domestic laws, policies,
guidelines, and procedures.
2. The Parties may inform each other of the assistance and participation level
provided in connection with investigations, proceedings and other actions leading
to the forfeiture of criminal property.
3. The corresponding Party of the assisted Government shall determine, at its
discretion and in accordance with its domestic laws, policies, guidelines, and
procedures, whether or not to transfer forfeited assets, and if so, the amount to
share in recognition of the contribution of the other Government in the
investigations, proceedings, or other actions leading to the forfeiture.
4. Unless otherwise agreed by the Parties and in accordance with their domestic
laws, policies, guidelines, and procedures, assets shared from the United States
of America shall be transferred to the Office of the Attorney General of the
Republic or to the Administrative Service for Seized Assets of the Ministry of
Finance and Public Credit of the United Mexican States, and assets shared from
the United Mexican States shall be transferred to the Department of Justice or the
Department of the Treasury of the United States of America, as may be
appropriate. Such transfers shall be made according to the terms and in the
manner as the corresponding Parties mutually shall agree, in accordance with the
applicable provisions of law and internal procedures.
5. Upon execution of a transfer under this Agreement, the entities transferring and
receiving shared assets shall notify the head of each delegation to the United
States/Mexico Plenary Group of Senior Law Enforcement Officials, or any
successor bilateral group, of the date, amount, case name, and any other
appropriate information concerning such a transfer.
6. As far as practicable and in accordance with the applicable domestic laws,
policies, guidelines, and procedures, the assets shared shall be directed to drug
abuse prevention programs, crime prevention and law enforcement efforts, and, if
appropriate, for compensation of victims.
7. The transfer of assets under this Agreement will also constitute the transfer of all
right, title, and interest with respect to any property which is the subject of the
transfer. The Party transferring the assets will assume no liability or responsibility
for the property once it has been transferred.
Article V
Application of the Agreement
1. This Agreement does not give rise to any rights or obligations on the part of
individuals or legal persons and is not intended to benefit third parties.
2. This Agreement does not nullify or otherwise affect the obligations existing
between the United Mexican States and the United States of America under the
Mutual Legal Assistance Treaty or any other Agreement in force between them.
Article VI
Entry into Force and Termination
1. This Agreement shall enter into force on the date of signature by the Parties.
2. Any Party may terminate its participation in this Agreement at any time through
written notification to the other Parties. The termination shall be effective six
months after such notification.
DONE in duplicate at Washington, D.C., in the English and Spanish languages, both
texts being equally authentic this fourth day of September of 2001.
FOR THE DEPARTMENT OF JUSTICE FOR THE OFFICE OF THE ATTORNEY
OF THE UNITED STATES OF AMERICA GENERAL OF THE REPUBLIC OF
THE UNITED MEXICAN STATES
4
FOR THE DEPARTMENT OF TREASURY
OF THE UNITED STATES OF AMERICA
FOR THE MINISTRY OF FINANCE AND
PUBLIC CREDIT OF THE UNITED
MEXICAN STATES



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