Einde inhoudsopgave
Protocol, established by the Council in accordance with article 34 of the Treaty on the European Union, to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union
Article 1 Request for information on bank accounts
Geldend
Geldend vanaf 05-10-2005
- Bronpublicatie:
16-10-2001, Trb. 2001, 187 (uitgifte: 26-11-2001, kamerstukken/regelingnummer: -)
- Inwerkingtreding
05-10-2005
- Bronpublicatie inwerkingtreding:
21-11-2005, Trb. 2005, 294 (uitgifte: 01-01-2005, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Justitiële en politionele samenwerking
1.
Each Member State shall, under the conditions set out in this Article, take the measures necessary to determine, in answer to a request sent by another Member State, 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 all the details of the identified accounts.
The information shall also, if requested and to the extent that it can be provided within a reasonable time, include accounts for which the person that is the subject of the proceedings has powers of attorney.
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.
The obligation set out in this Article shall apply only if the investigation concerns
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an offence punishable by a penalty involving deprivation of liberty or a detention order of a maximum period of at least four years in the requesting State and at least two years in the requested State, or
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an offence referred to in Article 2 of the 1995 Convention on the establishment of a European Police Office (Europol Convention), or in the Annex to that Convention, as amended, or
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to the extent that it may not be covered by the Europol Convention, an offence referred to in the 1995 Convention on the protection of the European Communities' financial interests, the 1996 Protocol thereto, or the 1997 Second Protocol thereto.
4.
The authority making the request shall, in the request:
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state why it considers that the requested information is likely to be of substantial value for the purpose of the investigation into the offence;
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state on what grounds it presumes that banks in the requested Member State hold the account and, to the extent available, which banks may be involved;
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include any information available which may facilitate the execution of the request.
5.
Member States may make the execution of a request according to this Article dependent on the same conditions as they apply in respect of requests for search and seizure.
6.
The Council may decide, pursuant to Article 34(2)(c) of the Treaty of European Union, to extend the scope of paragraph 3.