Article Comparison - Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism
1. Each Party shall, under the conditions set out in this article, take the measures necessary to determine, in answer to a request sent by another Party, whether a natural or legal person that is the subject of a criminal investigation holds or controls one or more accounts, of whatever nature, in any bank located in its territory and, if so, provide the particulars of the identified accounts.
2. The obligation set out in this article shall apply only to the extent that the information is in the possession of the bank keeping the account.
3. In addition to the requirements of Article 37, the requesting party shall, in the request:
a. state why it considers that the requested information is likely to be of substantial value for the purpose of the criminal investigation into the offence;
b. state on what grounds it presumes that banks in the requested Party hold the account and specify, to the widest extent possible, which banks and/or accounts may be involved; and
c. include any additional information available which may facilitate the execution of the request.
4. The requested Party may make the execution of such a request dependant on the same conditions as it applies in respect of requests for search and seizure.
5. Each State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that this article applies only to the categories of offences specified in the list contained in the appendix to this Convention.
6. Parties may extend this provision to accounts held in non-bank financial institutions. Such extension may be made subject to the principle of reciprocity.