Vorbehalte und Erklärungen für Vertrag Nr.198 - Übereinkommen des Europarats über Geldwäsche sowie Ermittlung, Beschlagnahme und Einziehung von Erträgen aus Straftaten und über die Finanzierung des Terrorismus

Art der Erklärung : Erklärungen, Kündigungen, Abweichungen
Datum 17/10/2019

Deutschland

Declaration contained in a letter from the Federal Minister for Foreign Affairs of Germany, deposited with the instrument of ratification on 20 June 2017 - Or. Engl.

5. Declaration on Article 17, paragraph 4:
Requests pursuant to Article 17 with regard to which legal assistance is provided subject to dual criminality and compatibility with German law shall be executed under the same conditions that apply to seizure and search measures.

6. Declaration on Article 17, paragraph 5:
Article 17 shall apply only to criminal offences falling within the categories of offences listed in the appendix.

7. Declaration on Article 17, paragraph 6:
The measures governed by Article 17 shall not apply to bank accounts held in non-bank financial institutions.
In Kraft: 01/10/2017 -
Artikel betroffen : 17

Declaration contained in a letter from the Federal Minister for Foreign Affairs of Germany, deposited with the instrument of ratification on 20 June 2017 - Or. Engl.

8. Declaration on Article 18:
Article 18 is interpreted as meaning that requests based thereon are to be executed under the same conditions as in Article 17.
In Kraft: 01/10/2017 -
Artikel betroffen : 17, 18

Declaration contained in a letter from the Federal Minister for Foreign Affairs of Germany, deposited with the instrument of ratification on 20 June 2017 - Or. Engl.

9. Declaration on Article 18, paragraph 4:
Requests pursuant to Article 18 with regard to which legal assistance is provided subject to dual criminality and compatibility with German law shall be executed under the same conditions that apply to seizure and search measures.

10. Declaration on Article 18, paragraph 5:
It is our understanding that the measures governed by Article 18 do not apply to bank accounts held in non-bank financial institutions.
In Kraft: 01/10/2017 -
Artikel betroffen : 18

Declaration contained in a letter from the Federal Minister for Foreign Affairs of Germany, deposited with the instrument of ratification on 20 June 2017 - Or. Engl.

11. Declaration on Article 19:
Article 19 shall be applied in such a manner that requests cannot be executed to the extent that they require continual monitoring of account transactions over a specified period.

12. Declaration on Article 19, paragraph 5:
The measures governed by Article 19 shall not apply to bank accounts held in non-bank financial institutions.
In Kraft: 01/10/2017 -
Artikel betroffen : 19

Declaration contained in a letter from the Federal Minister for Foreign Affairs of Germany, deposited with the instrument of ratification on 20 June 2017 - Or. Engl.

13. Declaration on Article 24, paragraph 3:
Article 24 shall be applied subject to the principles of German constitutional law and the basic concepts of the German legal System.
In Kraft: 01/10/2017 -
Artikel betroffen : 24

Declaration contained in a letter from the Federal Minister for Foreign Affairs of Germany, deposited with the instrument of ratification on 20 June 2017 - Or. Engl.

14. Declaration on Article 31, paragraph 2:
Article 31, paragraph 2, shall not apply.
In Kraft: 01/10/2017 -
Artikel betroffen : 31

Declaration contained in a letter from the Federal Minister for Foreign Affairs of Germany, deposited with the instrument of ratification on 20 June 2017 - Or. Engl.

16. Declaration on Article 35, paragraph 1:
Requests made by fax or email shall also be accepted. To ensure the authenticity of the sender as well as the integrity and confidentiality of transmitted content, transmission via the Electronic Court and Administration Mailbox (Elektronisches Gerichts- und Verwaltungspostfach, EGVP - see http://www.egvp.de) is requested.

17. Declaration on Article 35, paragraph 3:
Where the request and the supporting documents are not in the German language they must be accompanied by translations of the request and the supporting documents into the German language or into one of the official languages of the Council of Europe.
In Kraft: 01/10/2017 -
Artikel betroffen : 35

Declaration contained in a letter from the Federal Minister for Foreign Affairs of Germany, deposited with the instrument of ratification on 20 June 2017 - Or. Engl.

18. Declaration on Article 42, paragraph 2:
Without prior consent, information or evidence provided may not be used or transmitted by the authorities of the requesting Party for investigations or proceedings other than those specified in the request.
In Kraft: 01/10/2017 -
Artikel betroffen : 42

Declaration contained in a letter from the Federal Minister for Foreign Affairs of Germany, deposited with the instrument of ratification on 20 June 2017 - Or. Engl.

19. Declaration on Article 46, paragraph 5:
Article 46, paragraph 5, shall only apply in part. To the extent that it concerns judicial assistance, in particular where investigation and criminal proceedings have been instituted, a formal request pursuant to the agreements applicable between the Parties shall be required.
In Kraft: 01/10/2017 -
Artikel betroffen : 46


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