View/save PDF version of this document - La Strada International

Article 12.Confiscation and seizureA. Negotiation textsFirst session: 19-29 January 1999France (A/AC.254/5)“Article 6“Identification, freezing, seizure and confiscation“1. Each State Party shall adopt the measures needed to identify, freeze orseize any instrumentality or proceeds of the offences mentioned under thisConvention, with a view to their eventual confiscation.“2. Each State Party shall adopt the measures required to confiscate:“(a) The proceeds of serious offences, or assets of a value equivalent to that ofsuch proceeds;“(b) Property, equipment and other assets used or intended to be used for committingserious offences.“3. Each State Party shall empower its courts or other competent authoritiesto order that bank, financial or commercial records be made available or seized. StatesParties shall not refrain from acting under the provisions of this paragraph on theground of bank secrecy.Rolling text (A/AC.254/4)“Option 1“Article 7“Confiscation“1. States Parties shall adopt such measures as may be necessary to enableconfiscation of:“(a) Proceeds derived from an offence established in article(s) [...] [alternatively:from an offence covered by this Convention] or property the value of whichcorresponds to that of such proceeds;“(b) Property, equipment or other instrumentalities used in or intended for usein an offence established in article(s) [...] [alternatively: in an offence covered by thisConvention].105