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(b) Submit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by a court in the territory of the requesting State Party in accordance with article 12, paragraph 1, of this Convention insofar as it relates to proceeds of crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1, situated in the territory of the requested State Party. 2. Following a request made by another State Party having jurisdiction over an offence covered by this Convention, the requested State Party shall take measures to identify, trace and freeze or seize proceeds of crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1, of this Convention for the purpose of eventual confiscation to be ordered either by the requesting State Party or, pursuant to a request under paragraph 1 of this article, by the requested State Party. 3. The provisions of article 18 of this Convention are applicable, mutatis mutandis, to this article. In addition to the information specified in article 18, paragraph 15, requests made pursuant to this article shall contain: (a) In the case of a request pertaining to paragraph 1 (a) of this article, a description of the property to be confiscated and a statement of the facts relied upon by the requesting State Party sufficient to enable the requested State Party to seek the order under its domestic law; (b) In the case of a request pertaining to paragraph 1 (b) of this article, a legally admissible copy of an order of confiscation upon which the request is based issued by the requesting State Party, a statement of the facts and information as to the extent to which execution of the order is requested; (c) In the case of a request pertaining to paragraph 2 of this article, a statement of the facts relied upon by the requesting State Party and a description of the actions requested. 4. The decisions or actions provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with and subject to the Legal / Policy Materials Compilation, Day 2, Part 2 - 120 -
provisions of its domestic law and its procedural rules or any bilateral or multilateral treaty, agreement or arrangement to which it may be bound in relation to the requesting State Party. 5. Each State Party shall furnish copies of its laws and regulations that give effect to this article and of any subsequent changes to such laws and regulations or a description thereof to the Secretary-General of the United Nations. 6. If a State Party elects to make the taking of the measures referred to in paragraphs 1 and 2 of this article conditional on the existence of a relevant treaty, that State Party shall consider this Convention the necessary and sufficient treaty basis. 7. Cooperation under this article may be refused by a State Party if the offence to which the request relates is not an offence covered by this Convention. 8. The provisions of this article shall not be construed to prejudice the rights of bona fide third parties. 9. States Parties shall consider concluding bilateral or multilateral treaties, agreements or arrangements to enhance the effectiveness of international cooperation undertaken pursuant to this article. Article 14 DISPOSAL OF CONFISCATED PROCEEDS OF CRIME OR PROPERTY 1. Proceeds of crime or property confiscated by a State Party pursuant to articles 12 or 13, paragraph 1, of this Convention shall be disposed of by that State Party in accordance with its domestic law and administrative procedures. 2. When acting on the request made by another State Party in accordance with article 13 of this Convention, States Parties shall, to the extent permitted by Legal / Policy Materials Compilation, Day 2, Part 2 - 121 -
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TABLE OF CONTENTS Page Introduction
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Workshop. The full list of delegate
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of the three Working Groups. Recomm
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Day 3: Response Effective and Coord
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ACKNOWLEDGEMENTS 28. The Chairperso
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• The specialist function should
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• In the absence of victim cooper
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2007 UN Global Initiative to Fight
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Reference Documents Compilation of
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DAY 2 Workshop Theme Day 2. “Effe
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Working Group Sessions 14.00 - 15.3
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Reference Documents The Paris Decl
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Ms. Kate Moloney First Secretary (P
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Tel: +86 10 66262888 Fax: +86 10 66
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Ms. Yumiko Tanaka Senior Regional A
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Tel: +603 22627026 E-mail: rajakopa
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Pathumwan, Bangkok Tel: +66 2 254 2
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Children, Juveniles and Women Divis
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Ministry of Foreign Affairs Bangkok
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Fax: +0084 4 7335117 E-mail: trucnt
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Tel: +856 21 413204 Fax: +856 21 41
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OBSERVERS CIDA - SEARCH Project Mr.
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Mr. Jarat Kheereesantikul Investiga
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Programme Analyst - Human Rights UN
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Tel: 662 215 3388 Fax: 662 215 8272
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Tel: +662 251 6956 Fax: +66 2 253 3
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Bangkok, Thailand E-mail: saisuree1
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Ms. Bronte Moules Deputy Ambassador
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Note: The present document contains
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3. In the absence of an agreement o
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(b) To provide factual, concrete he
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including international or regional
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Extract 2: United Nations Protocol
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Extract 3: United Nations Principle
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access to independent 1egal counsel
Page 72 and 73: Extract 5: Criminal Justice Respons
Page 74 and 75: 5. Relevant agencies should be enco
Page 76 and 77: Note: The present document contains
Page 78 and 79: United Nations Protocol to Prevent,
Page 80 and 81: Criminal Justice Responses to Traff
Page 82 and 83: 4. Each State Party may also adopt
Page 84 and 85: 2. Each State Party shall ensure th
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Page 88 and 89: 15. Promoting greater gender and ch
Page 90 and 91: United Nations Principles and Guide
Page 92 and 93: TOPIC 5: RIGHT OF VICTIMS TO A REME
Page 94 and 95: TOPIC 6: SPECIAL PROTECTIONS FOR CH
Page 96 and 97: 9. Protecting, as appropriate, the
Page 98 and 99: 7. There should be close co-operati
Page 100 and 101: MEASURES AGAINST CORRUPTION 1. In a
Page 102 and 103: Note: The present document contains
Page 104 and 105: cooperation on extradition with oth
Page 106 and 107: 15. States Parties may not refuse a
Page 108 and 109: 1. The conclusion and effective imp
Page 110 and 111: the requesting State Party; (i) Any
Page 112 and 113: (d) The person transferred shall re
Page 114 and 115: 18. Wherever possible and consisten
Page 116 and 117: prosecution or judicial proceeding
Page 118 and 119: Part 2. D. International Legal / Ju
Page 120 and 121: TOPIC 3: RECOVERY OF PROCEEDS OF TR
Page 124 and 125: domestic law and if so requested, g
Page 126 and 127: TOPIC 4: LAUNDERING OF THE PROCEEDS
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