5. A Letters rogatory ii. b
b1. General measures
Search and seizure
- Type of search: body searches/ house searches/ other premises
- As far as possible, precise identification of the person, or premises to be searched (location, interest for property, bank accounts)
- Identification of documents, records, data, etc.
Where applicable
- Give details on the links between the person, the foreign proceedings and the requested measures e.g. the place to be searched
- Copy of warrant/ order issued by requesting authorities
b2. Specific measures
b2.1.Electronic data
- Adequate information to identify the relevant data to be preserved including its location (custodian of the stored computer data, location of the computer system)
- Grounds to believe that there are risks of loss or modification
- Indication that an MLA request will follow, in view of obtaining the preserved data
Search or similar access, seizure or similar securing, or disclosure of data
- Specific purpose
- Adequate information to identify the sought data to be seized, secured or disclosed, including, if known, its physical location and the data controller (custodian of the stored computer data) , technical data necessary to perform such action
- To the greatest extent possible, precise identification of the person, or premises to be searched while giving details on the links between the person, data and the place to be searched
- Contact point
Where applicable
b2. Specific measures
b2.2. Seizure and/or confiscation of criminal assets
- Reasons to believe that assets are located in the requested State
- Indication of the procedures the requesting State wishes to follow
- Indication that the measure sought or any other similar measures can be taken in the territory of the requesting State under its national law
- Attachments: true copy of seizure or/confiscation order and statement of grounds for order; and, where applicable attestation that confiscation is enforceable
- Information relating to bank accounts in the requested State
Where applicable
- Where confiscation takes the form of a requirement to pay a sum of money corresponding to the value of the assets, give information on the maximum value of the assets to be seized
- Attachment of documents proving that third parties had the opportunity to claim rights
- Information on similar requests sent to other States
- Information on earlier requests for obtaining evidence / for restraining assets or seizing objects connected with the present request (name of the defendant / sentenced person)
- Restitution: indication of items/articles obtained by criminal means which should be at the disposal of the requesting State to be returned to their rightful owners