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72 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(b) Shall, without prejudice to articles [14 and 19] <strong>of</strong> <strong>this</strong> Convention, ensurethat administrative, regulatory, law enforcement and other authorities dedicated tocombating money-laundering (including, where appropriate under domestic law, judicialauthorities) have the ability to cooperate and exchange information at the nationaland international levels within the conditions prescribed by its domestic legislationand, to <strong>this</strong> end, shall consider the establishment <strong>of</strong> a financial intelligence unit toserve as a national centre for the collection, analysis and dissemination <strong>of</strong> informationregarding potential money-laundering.“2. States Parties shall consider implementing feasible measures to detect andmonitor the movement <strong>of</strong> cash and appropriate negotiable instruments across theirborders, subject to safeguards to ensure proper use <strong>of</strong> information and without impedingin any way the movement <strong>of</strong> legitimate capital. The measures may include arequirement that individuals and businesses report the cross-border transfer <strong>of</strong> substantialquantities <strong>of</strong> cash and appropriate negotiable instruments.“3. In establishing a domestic regulatory and supervisory regime under theterms <strong>of</strong> <strong>this</strong> article, and without prejudice to any other article <strong>of</strong> <strong>this</strong> Convention,States Parties shall [endeavour to] ensure that their implementation and application<strong>of</strong> <strong>this</strong> article are consistent with the recommendations contained in annex [...] to <strong>this</strong>Convention and shall, in addition where appropriate, take account <strong>of</strong> the relevant initiatives<strong>of</strong> regional and interregional organizations against money-laundering, such asinitiatives <strong>of</strong> the Caribbean Financial Action Task Force, the Commonwealth, theCouncil <strong>of</strong> Europe, the Eastern and Southern African Anti-Money-<strong>La</strong>undering Group,the European Union, the Financial Action Task Force on Money <strong>La</strong>undering and theOrganization <strong>of</strong> American States. 17“4. States Parties shall endeavour to develop and promote global, regional, subregionaland bilateral cooperation among judicial, law enforcement and financial regulatoryauthorities in order to combat money-laundering.”Notes by the Secretariat5. Because <strong>of</strong> lack <strong>of</strong> time, article 4 bis was not discussed at the eighth session <strong>of</strong>the Ad Hoc Committee and the relevant discussion was deferred to the ninth session (seeA/AC.254/28, para. 10). At the ninth session <strong>of</strong> the Ad Hoc Committee, both in plenaryand in an informal working group established at the request <strong>of</strong> the Chairman and chairedby South Africa, the proposal <strong>of</strong> the Islamic Republic <strong>of</strong> Iran, mentioned in footnote 17above, received broad support.6. At its tenth session, the Ad Hoc Committee considered, finalized and approvedarticle 4 bis, as amended. The last amendments are reflected in the final text <strong>of</strong> theConvention, as included in the report <strong>of</strong> the Ad Hoc Committee (A/55/383, sect. IV, draft17The text <strong>of</strong> <strong>this</strong> paragraph was drafted by an informal working group set up by the Chairman and coordinated bythe representative <strong>of</strong> South Africa at the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee.It was intended to serve as a basis for further consideration at the eighth session <strong>of</strong> the Ad Hoc Committee. The IslamicRepublic <strong>of</strong> Iran, supported by several other delegations, including China, proposed the following alternative text for <strong>this</strong>paragraph: “In establishing a domestic regulatory and supervisory regime in terms <strong>of</strong> <strong>this</strong> article and without prejudice toany other article <strong>of</strong> <strong>this</strong> Convention, States Parties may take into consideration the relevant initiatives by regional and interregionalorganizations against money-laundering, such as initiatives <strong>of</strong> the Caribbean Financial Action Task Force, theCommonwealth, the Council <strong>of</strong> Europe, the Eastern and Southern African Anti-Money-<strong>La</strong>undering Group, the EuropeanUnion, the Financial Action Task Force on Money <strong>La</strong>undering and the Organization <strong>of</strong> American States.” Colombia indicatedthat if the recommendations were to be placed in an annex to the convention, delegations should be given adequateopportunity to examine the annex in detail and agree on its content.

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