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Part One. Article 12 107“(i) In the case <strong>of</strong> a request pertaining to subparagraph (a) (i) <strong>of</strong> <strong>this</strong> paragraph,a description <strong>of</strong> the property to be confiscated and a statement <strong>of</strong> thefacts relied upon by the requesting State Party sufficient to enable the requestedParty to seek the order under its domestic law;“(ii) In the case <strong>of</strong> a request pertaining to subparagraph (a) (ii), a legally admissiblecopy <strong>of</strong> an order <strong>of</strong> confiscation issued by the requesting State Party uponwhich the request is based, a statement <strong>of</strong> the facts and information as to theextent to which the execution <strong>of</strong> the order is requested;“(iii) In the case <strong>of</strong> a request pertaining to subparagraph (b), a statement <strong>of</strong>the facts relied upon by the requesting State Party and a description <strong>of</strong> the actionsrequested;“(e) Each State Party shall furnish the Secretary-General with the text <strong>of</strong> any<strong>of</strong> its laws and regulations that give effect to <strong>this</strong> paragraph and the text <strong>of</strong> any subsequentchanges to such laws and regulations; 2“(f) If a State Party elects to make the taking <strong>of</strong> the measures referred to in subparagraphs(a) and (b) <strong>of</strong> <strong>this</strong> paragraph conditional on the existence <strong>of</strong> a relevant treaty,that Party shall consider <strong>this</strong> Convention the necessary and sufficient treaty basis;“(g) States Parties shall seek to conclude bilateral and multilateral treaties,agreements or arrangements to enhance the effectiveness <strong>of</strong> international cooperationpursuant to <strong>this</strong> article.“5. (a) Proceeds <strong>of</strong> crime or property confiscated by a State Party pursuantto paragraph 1 or paragraph 4 <strong>of</strong> <strong>this</strong> article shall [, without prejudice to therights <strong>of</strong> bona fide third parties,] be returned to its bona fide lawful owner wheresuch owner can be identified. In other respects, said proceeds or property shall bedisposed <strong>of</strong> by that Party according to its domestic law and administrative procedures;3“(b) When acting on the request <strong>of</strong> another State Party in accordance with <strong>this</strong>article, a Party may give special consideration to concluding agreements on:“(i) Contributing the value <strong>of</strong> such proceeds and property, or funds derivedfrom the sale <strong>of</strong> such proceeds or property, or a substantial part there<strong>of</strong>, to intergovernmentalbodies specializing in the fight against organized crime;“(ii) Sharing with other States Parties, on a regular or case-by-case basis, suchproceeds or property, or funds derived from the sale <strong>of</strong> such proceeds or property,in accordance with its domestic law, administrative procedures or bilateralor multilateral agreements entered into for <strong>this</strong> purpose.“6. (a) If proceeds <strong>of</strong> crime have been transferred 4 or converted into otherproperty, such property shall be liable to the measures referred to in <strong>this</strong> article instead<strong>of</strong> the proceeds;2At the informal preparatory meeting it was suggested that subparagraph (e) could be transferred to the article on therole <strong>of</strong> the United Nations and other organizations.3At the informal preparatory meeting it was suggested that there should be no confiscation by the State <strong>of</strong> any propertyto which a bona fide third party had a legitimate claim.4The term “transferred” was erroneously used in <strong>this</strong> <strong>document</strong> instead <strong>of</strong> the correct one “transformed”. The latterwas included in the subsequent drafts <strong>of</strong> the convention.

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