AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE ITALIAN REPUBLIC CONCERNING MUTUAL ASSISTANCE IN RELATION TO TRAFFIC IN NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES AND RESTRAINT AND CONFISCATION OF THE PROCEEDS OF CRIME .sx The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Italian Republic , .sx Desiring to provide the widest measure of mutual assistance in the investigation , restraint and confiscation of the proceeds of crime ; .sx Recognising the need to intensify their collaboration in the fight against traffic in narcotic drugs or psychotropic substances ; .sx Have agreed as follows :sx ARTICLE 1 .sx Obligation to Grant Assistance .sx ( 1 ) The Parties shall , upon request and in accordance with the provisions of this Agreement , grant each other assistance in investigations and proceedings in respect of traffic in narcotic drugs or psychotropic substances and in the tracing , restraint and confiscation of the proceeds of crime .sx ( 2 ) This Agreement shall not derogate from other obligations between the Parties whether pursuant to other Treaties or arrangements or otherwise , nor prevent the Parties providing assistance to each other pursuant to other treaties or arrangements .sx ARTICLE 2 .sx Definitions .sx For the purposes of this Agreement :sx ( a ) " traffic in narcotic drugs or psychotropic substances " means any such activity referred to :sx ( i ) in article 3.1 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances ; or .sx ( ii ) in any international agreement binding upon both Parties , when such activity shall be treated as an offence pursuant to that agreement ; .sx ( b ) proceedings are instituted :sx ( i ) in the United Kingdom , when an information has been laid before a justice of the peace , when a person is charged with an offence , when a bill of indictment is preferred , or when a petition warrant is granted ; .sx ( ii ) in Italy , when a person is notified , in accordance with article 369 of the Italian Code of Criminal Procedure , that a prosecution against him is in progress , or when a proposal for the application of a preventative measure ( 'misura di prevenzione' ) is laid before a court ; .sx ( c ) " proceeds of crime " means any property derived or realised directly or indirectly , by any person as a result of criminal activity , or the value of any such property ; .sx ( d ) property includes money and all kinds of moveable or immoveable and tangible or intangible property , and includes any interest in such property ; .sx ( e ) " the restraint of property " means any measure for the prevention of dealing in or transfer or disposal of property .sx ARTICLE 3 .sx Central Authorities .sx ( 1 ) The Parties shall each appoint a central authority to transmit and receive requests for the purposes of this Agreement .sx Unless the relevant Party designates another authority , the central authority for the Italian Republic shall be the Ministry of Justice and the central authority for the United Kingdom shall be the Home Office , London .sx ( 2 ) The central authority of the requested Party shall take whatever steps it considers necessary to give effect to requests from the requesting Party .sx ARTICLE 4 .sx Contents of Requests .sx ( 1 ) A request under this Agreement shall include a statement of :sx ( a ) the name of the competent authority conducting the investigation or proceedings to which the request relates ; .sx ( b ) the matters , including the relevant facts and laws , to which the investigation or proceedings relate ; .sx ( c ) the purpose for which the request is made and the nature of the assistance sought ; .sx ( d ) details of any particular procedure or requirement the requesting Party wishes to be followed ; .sx ( e ) any time limit within which compliance with the request is desired ; .sx ( f ) the identity , nationality and location of the person or persons who are the subject of the investigation or proceedings .sx ( 2 ) If the requested Party considers that the information contained in the request is not sufficient to enable the request to be dealt with , that Party may request that additional information be furnished .sx ARTICLE 5 .sx Refusal of Assistance .sx ( 1 ) Assistance shall be refused if :sx ( a ) the action sought is contrary to principles of the law of the requested Party ; .sx ( b ) the request seeks restraint or confiscation of proceeds of an activity , not being an activity referred to in Article 2(a ) of this Agreement , which , had it occurred within the jurisdiction of the requested Party , would not have been an offence , or would not have been an activity in respect of which a confiscation order could have been made ; or .sx ( c ) the request relates to an offence in respect of which the person has been finally acquitted or pardoned , or has served any sentence imposed and any order made as a result of the conviction has been satisfied .sx ( 2 ) Assistance may be refused if :sx ( a ) the requested Party is of the opinion that the request , if granted , would seriously impair its sovereignty , security , national interest or other essential interest ; or .sx ( b ) provision of the assistance sought could prejudice an investigation or proceeding in the territory of the requested Party .sx ( 3 ) Before refusing to grant a request for assistance , the requested Party shall consider whether assistance may be granted subject to such conditions as it deems necessary .sx If the requesting Party accepts assistance subject to these conditions , it shall comply with the conditions .sx ARTICLE 6 .sx Executions of Requests .sx ( 1 ) The requested Party shall provide assistance in response to the request as soon as practicable .sx The action sought shall be carried out in accordance with the domestic law of the requested Party and with any requirements specified in the request so far as not incompatible with that law .sx ( 2 ) The requested Party shall promptly inform the requesting Party of any circumstances which are likely to cause significant delay in responding to the request .sx ( 3 ) The requested Party shall promptly inform the requesting Party of a decision of the requested Party not to comply in whole or in part with the request for assistance and the reason for that decision .sx ( 4 ) The requesting Party shall promptly inform the requested Party of any circumstances which may affect the request or its execution or which may make it inappropriate to proceed with giving effect to it .sx ARTICLE 7 .sx Information and Evidence .sx ( 1 ) For the purpose of an investigation or a proceeding in the territory of the requesting Party in respect of traffic in narcotic drugs or psychotropic substances , or for the purpose of tracing proceeds of crime , the requested Party shall :sx ( a ) provide to the requesting Party information , documents , records or other material ; .sx ( b ) take the evidence of witnesses and transmit it to the requesting Party ; .sx ( c ) search for and seize and deliver to the requesting Party any relevant material and provide such information as may be required by the requesting Party concerning the place of seizure , the circumstances of seizure and the subsequent custody of the material seized prior to delivery .sx ( 2 ) A request made under this Article shall include , in addition to the statements listed in Article 4 of this Agreement :sx ( a ) a description of any information , documents , records , statements or evidence or other material sought ; .sx ( b ) any other indication necessary or useful for the execution of the request , in particular the identity and , if possible , the location of the witness or of any other person to be involved in such execution ; .sx ( c ) any confidentiality requirements .sx ( 3 ) When the request concerns the transmission of documents , the requested Party may transmit copies thereof unless the requesting Party expressly requests the original .sx ( 4 ) The requested Party may postpone the delivery of original documents or other material requested if such documents or material are required for proceedings in respect of criminal or civil matters in its territory .sx ( 5 ) Where required by the requested Party , the requesting Party shall return material provided under this Agreement when no longer needed for any investigation or proceeding .sx ARTICLE 8 .sx Restricting use of Evidence and Information .sx ( 1 ) In cases of assistance pursuant to Article 7 of this Agreement the requesting Party shall not use for purposes other than those stated in the request evidence or information obtained as a result of it , without the prior consent of the requested Party .sx ( 2 ) Information made public in the territory of the requesting Party in accordance with paragraph 1 of this Article may be used for any purpose .sx ARTICLE 9 .sx Confidentiality .sx ( 1 ) The requested Party shall , to any extent requested , keep confidential a request for assistance , its contents and any supporting documents , and the fact of granting such assistance .sx If the request cannot be executed without breaching confidentiality , the requested Party shall so inform the requesting Party which shall then determine the extent to which it wishes the request to be executed .sx ( 2 ) The requesting Party shall , if so requested , keep confidential any evidence and information provided by the requesting Party , except to the extent that its disclosure is necessary for the investigation or proceeding described in the request .sx ARTICLE 10 .sx Restraint of Property Liable to Confiscation .sx ( 1 ) In accordance with the provisions of this Article a Party may request the restraint in the territory of the requested Party of property in order to ensure that it is available for the enforcement of a confiscation order which has been or may be made .sx ( 2 ) A request made under this Article shall include :sx ( a ) a certificate to the effect that proceedings have been or are to be instituted against a specified person ; .sx ( b ) either :sx ( i ) a summary of the facts of the case including a description of the activity in respect of which the confiscation order may be made , where and when such activity occurred , a reference to the relevant legal provisions , the grounds on which the suspicion is based and a copy of any relevant order ; or .sx ( ii ) where a confiscation order has been made , a copy of that order ; .sx ( c ) a description of the property to be restrained and its connection with the person specified under sub-paragraph ( a ) of this paragraph , and in so far as possible its whereabouts .sx ARTICLE 11 .sx Enforcement of Confiscation Orders .sx ( 1 ) This Article applies to an order , made by a court of the requesting Party , for the purpose of confiscating the proceeds of crime , including :sx ( a ) in relation to the United Kingdom , a confiscation order made as a result of a conviction for an offence ; .sx ( b ) in relation to Italy , a confiscation order made as a result of a conviction for an offence , or as a preventive measure ( 'misura di prevenzione' ) in respect of a person involved in criminal activity .sx ( 2 ) A Party may request the assistance of the other Party in enforcing an order to which this Article applies .sx ( 3 ) A request made under this Article shall be accompanied by the following :sx ( a ) an authenticated copy of the order ; .sx ( b ) an authenticated statement that neither the order nor any conviction to which it relates is subject to appeal ; .sx ( c ) a description of the property in relation to which assistance is sought and its connection with the person subject to the proceedings in which the order was made , and any available information about other persons' interests in the property ; and .sx ( d ) where appropriate , a statement of the amount which it is desired to realise as a result of the assistance .sx ( 4 ) Proceeds confiscated pursuant to this Agreement shall be retained by the requested Party unless otherwise mutually decided .sx ( 5 ) Nothing in this Article 10 or in Article 10 of this Agreement shall prejudice the rights of third parties .sx ARTICLE 12 .sx Authentication and Legislation .sx ( 1 ) Any documents or other material transmitted in response to a request for assistance under Article 7 of this Agreement or attached to a request under Article 10 or 11 of this Agreement shall be deemed as authenticated for the purposes of this Agreement if they purport to be signed or , as appropriate , to be certified by a judge , magistrate or other officer of the Party sending them .sx ( 2 ) Legalisation will not be required for any document transmitted under this Agreement .sx ARTICLE 13 .sx Costs .sx The requested Party shall bear any costs arising in its territory in executing a request .sx If expenses of a substantial or extraordinary nature may be incurred in fulfilling the request , the Parties shall consult to determine the terms and conditions under which the request will be executed as well as the manner in which the costs shall be borne .sx