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106 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“Option 2“1. States Parties shall adopt such measures as may be necessary to enableconfiscation <strong>of</strong>:“(a) Proceeds derived from <strong>of</strong>fences covered by <strong>this</strong> Convention or propertythe value <strong>of</strong> which corresponds to that <strong>of</strong> such proceeds;“(b) Property, equipment or other instrumentalities used in or intended for usein <strong>of</strong>fences covered by <strong>this</strong> Convention.“2. States Parties shall adopt such measures as may be necessary to enable theidentification, freezing or seizure <strong>of</strong> any item referred to in paragraph 1 <strong>of</strong> <strong>this</strong> articlefor the purpose <strong>of</strong> eventual confiscation.“3. For the purposes <strong>of</strong> paragraphs 1 and 2 <strong>of</strong> <strong>this</strong> article, each State Party shallempower its courts or other competent authorities to order that bank, financial or commercialrecords be made available or be seized. A State Party shall not decline to actunder the provisions <strong>of</strong> <strong>this</strong> paragraph on the ground <strong>of</strong> bank secrecy.“4. (a) Following a request made pursuant to <strong>this</strong> article by another StateParty having jurisdiction over an <strong>of</strong>fence established in article(s) [...] [alternatively:over an <strong>of</strong>fence covered by <strong>this</strong> Convention], the State Party in whose territory proceeds<strong>of</strong> crime, property, instrumentalities or any other things referred to in paragraph1 <strong>of</strong> <strong>this</strong> article are situated shall:“(i) Submit the request to its competent authorities for the purpose <strong>of</strong> obtainingan order <strong>of</strong> confiscation and, if such order is granted, give effect to it; or“(ii) Submit to its competent authorities, with a view to giving effect to it tothe extent requested, an order <strong>of</strong> confiscation issued by the requesting Party inaccordance with paragraph 1 <strong>of</strong> <strong>this</strong> article, ins<strong>of</strong>ar as it relates to proceeds <strong>of</strong>crime, property, instrumentalities or any other things referred to in paragraph 1situated in the territory <strong>of</strong> the requested Party;“(b) Following a request made pursuant to <strong>this</strong> article by another State Partyhaving jurisdiction over an <strong>of</strong>fence established in article(s) [...] [alternatively: overan <strong>of</strong>fence covered by <strong>this</strong> Convention], the requested Party shall take measures toidentify, trace and freeze or seize proceeds <strong>of</strong> crime, property, instrumentalities orany other things referred to in paragraph 1 <strong>of</strong> <strong>this</strong> article for the purpose <strong>of</strong> eventualconfiscation to be ordered either by the requesting Party or, pursuant to a requestunder subparagraph (a) <strong>of</strong> <strong>this</strong> paragraph, by the requested Party;“(c) The decisions or actions provided for in subparagraphs (a) and (b) <strong>of</strong> <strong>this</strong>paragraph shall be taken by the requested State Party, in accordance with and subjectto the provisions <strong>of</strong> its domestic law and its procedural rules or any bilateral ormultilateral treaty, agreement or arrangement to which it may be bound in relationto the requesting Party;“(d) The provisions <strong>of</strong> article [...] (on mutual assistance) are applicable mutatismutandis. In addition to the information specified in article [...], paragraph [...],requests made pursuant to <strong>this</strong> article shall contain the following: 11At the informal preparatory meeting held in Buenos Aires in 1998, it was suggested that subparagraph (d) could betransferred to the article on mutual legal assistance.

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