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TOPIC 4: LAUNDERING OF THE PROCEEDS OF TRAFFICKING United Nations Convention against Transnational Organized Crime (2000) Article 6 CRIMINALIZATION OF THE LAUNDERING OF PROCEEDS OF CRIME 1. Each State Party shall adopt, in accordance with fundamental principles of its domestic law, such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally: (a) (i) The conversion or transfer of property, knowing that such property is the proceeds of crime, for the purpose of concealing or disguising the illicit origin of the property or of helping any person who is involved in the commission of the predicate offence to evade the legal consequences of his or her action; (ii) The concealment or disguise of the true nature, source, location, disposition, movement or ownership of or rights with respect to property, knowing that such property is the proceeds of crime; (b) Subject to the basic concepts of its legal system: (i) The acquisition, possession or use of property, knowing, at the time of receipt, that such property is the proceeds of crime; (ii) Participation in, association with or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counseling the commission of any of the offences established in accordance with this article. 2. For purposes of implementing or applying paragraph 1 of this article: (a) Each State Party shall seek to apply paragraph 1 of this article to the widest range of predicate offences; (b) Each State Party shall include as predicate offences all serious crime as defined in article 2 of this Convention and the offences established in accordance with articles 5, 8 and 23 of this Convention. In the case of States Parties whose legislation sets out a list of specific predicate offences, they shall, at a minimum, Legal / Policy Materials Compilation, Day 2, Part 2 - 124 -
include in such list a comprehensive range of offences associated with organized criminal groups; (c) For the purposes of subparagraph (b), predicate offences shall include offences committed both within and outside the jurisdiction of the State Party in question. However, offences committed outside the jurisdiction of a State Party shall constitute predicate offences only when the relevant conduct is a criminal offence under the domestic law of the State where it is committed and would be a criminal offence under the domestic law of the State Party implementing or applying this article had it been committed there. Criminal Justice Responses to Trafficking in Persons: ASEAN Practitioner Guidelines (2007) Part 1.A. Strengthening the Legal Framework 3. Offences of trafficking in persons, together with trafficking in persons related crimes are recommended to be predicate offences in respect of money laundering legislation. Part 2. D. International Legal / Judicial Co-operation - Mutual Legal Assistance in Criminal Matters 9. Research into the current application of international legal / judicial cooperation and anti-money laundering measures in relation to trafficking in persons cases should be undertaken in the ASEAN region and the results should be widely disseminated. Legal / Policy Materials Compilation, Day 2, Part 2 - 125 -
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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
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Extract 5: Criminal Justice Respons
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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
Page 86 and 87: immediate support is not discretion
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 122 and 123: (b) Submit to its competent authori
Page 124 and 125: domestic law and if so requested, g
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