Aviso n.º 139/2018
Data de publicação | 07 Novembro 2018 |
Section | Serie I |
Órgão | Negócios Estrangeiros |
Aviso n.º 139/2018
Por ordem superior se torna público que, por notificação de 30 de abril de 2015, o Secretário-Geral do Conselho da Europa comunicou ter o Reino Unido da Grã-Bretanha e da Irlanda do Norte depositado, em 27 de abril de 2015, o seu instrumento de ratificação à Convenção do Conselho da Europa relativa ao Branqueamento, Deteção, Apreensão e Perda dos Produtos do Crime e ao Financiamento do Terrorismo, aberta a assinatura em Varsóvia, em 16 de maio de 2005, tendo formulado as seguintes reservas e emitido as seguintes declarações:
Declaração (original em inglês)
Reservations and declarations contained in the instrument of ratification deposited on 27 April 2015 - Or. Engl.
The Government of the United Kingdom of Great Britain and Northern Ireland ratifies the Convention in respect of the United Kingdom of Great Britain and Northern Ireland and of the Bailiwick of Jersey.
In respect to the United Kingdom of Great Britain and Northern Ireland:
In accordance with Article 53, paragraph 2, of the Convention, the United Kingdom declares that Article 47 shall not be applied.
In accordance with Article 24, paragraph 3, of the Convention, the United Kingdom declares that Article 24, paragraph 2, only applies subject to its constitutional principles and the basic concepts of its legal system.
In accordance with Article 33, paragraph 2, of the Convention, the United Kingdom declares that for the purpose of sending, answering requests and transmission of them to the authorities competent for their execution, the central authority for the United Kingdom is:
1 - For the purposes of sending, answering and executing requests relating to England & Wales and Northern Ireland, the central authority for criminal requests is the Home Office.
United Kingdom Central Authority
Judicial Cooperation Unit
Home Office
Seacole Building
2 Marsham Street
London SW1P 4DF
Tel: +44 (0)207 035 4040
Fax: +44 (0)207 035 6985
Email: ukca-ilor@homeoffice.gsi.gov.uk
2 - For the purposes of sending, answering and executing requests relating to England & Wales and Northern Ireland, the central authority for non-conviction based confiscation is the Home Office.
Criminal Finances
Strategic Centre for Organised Crime - Pursue
Office of the Security and Counter-Terrorism
Home Office
Sixth Floor
Peel Building
2 Marsham Street
London SW1P 4DF
Tel: 44 (0)207 035 1559
Email: Stephen.Goadby@homeoffice.gsi.gov.uk
3 - For the purposes of answering and executing requests relating to tax matters and fiscal customs matters in England & Wales and Northern Ireland, the central authority is HM Revenue & Customs (HMRC).
Mutual Legal Assistance
HMRC
Room 2E10
100 Parliament Street
London SW1A 2BQ
Fax: +44 (0)3000 586908
Email: mla@hmrc.gsi.gov.uk
4 - For the purposes of sending, answering requests and transmission of them to the authorities competent for their execution in Scotland, the central authority is the Crown Office and Prosecutor Fiscal Service.
International Cooperation Unit
Crown Office
25 Chambers Street
Edinburgh EH1 1LA
Tel: +44 (0)131 243 8152
Fax: +44 (0)131 243 8153
Email: coicu@copfs.gsi.gov.uk
In accordance with Article 35, paragraph 3, of the Convention, the United Kingdom declares that requests and documents supporting such requests must be accompanied by a translation into the English language.
In accordance with Article 42, paragraph 2, of the Convention, the United Kingdom declares that information and evidence provided by the United Kingdom under Chapter IV may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.
In accordance with Article 46, paragraph 13, of the Convention, the United Kingdom designates the National Crime Agency, Units 1-6 Citadel Place, Tinworth Street, London SE11 5EF, as the Financial Intelligence Unit of the United Kingdom.
In accordance with Article 53, paragraph 4, of the Convention, the United Kingdom declares that it will apply Article 3, paragraph 4, as follows, in accordance with the principles of domestic law. If a defendant has been convicted of an offence listed in Schedule 2 to the Proceeds of Crime Act 2002 or has a stated pattern or history of offending as set out in that legislation, they are deemed to have a "criminal lifestyle", and as such are subject to a confiscation regime which requires them to demonstrate the legitimate origin of their property, or have it become liable to confiscation. The court must assume that everything a defendant holds, and had held, in the last six years, is the proceeds of crime and so must calculate the value of this property into the amount set on the confiscation order. The court must not make such an assumption however, if it...
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