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108 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(b) If proceeds <strong>of</strong> crime have been intermingled with property acquired fromlegitimate sources, such property shall, without prejudice to any powers relating toseizure or freezing, be liable to confiscation up to the assessed value <strong>of</strong> the intermingledproceeds;“(c) Income or other benefits derived from:“(i) Proceeds <strong>of</strong> crime;“(ii) Property into which proceeds <strong>of</strong> crime have been transformed or converted;or“(iii) Property with which proceeds <strong>of</strong> crime have been intermingled shall alsobe liable to the measures referred to in <strong>this</strong> article, in the same manner and tothe same extent as proceeds <strong>of</strong> crime.“7. Each State Party may consider ensuring that the onus <strong>of</strong> pro<strong>of</strong> is reversedregarding the lawful origin <strong>of</strong> alleged proceeds <strong>of</strong> crime or other property liable toconfiscation, to the extent that such action is consistent with the principles <strong>of</strong> itsdomestic law and with the nature <strong>of</strong> the judicial and other proceedings.“8. The provisions <strong>of</strong> <strong>this</strong> article shall not be construed to prejudice the rights<strong>of</strong> bona fide third parties.“9. Cooperation under <strong>this</strong> article may be refused by a State Party if the <strong>of</strong>fenceto which the request relates would not be an <strong>of</strong>fence in the context <strong>of</strong> criminal organizationif committed within its jurisdiction.Third session: 28 April-3 May 1999Notes by the Secretariat1. The <strong>version</strong> <strong>of</strong> article 7 contained in <strong>document</strong> A/AC.254/4 remained unchangedin the intermediate drafts <strong>of</strong> the convention (A/AC.254/4/Revs.1 and 2).Rolling text (A/AC.254/4/Rev.3)“Article 7“Confiscation“1. States Parties shall adopt such measures as may be necessary to enableconfiscation <strong>of</strong>:“(a) Proceeds <strong>of</strong> crime 5 or property the value <strong>of</strong> which corresponds 6 to that <strong>of</strong>such proceeds;5The scope <strong>of</strong> <strong>this</strong> article was under debate. It was suggested that because <strong>of</strong> variations in domestic legal systems in<strong>this</strong> area, it might be difficult for some countries to conform to an overly broad obligation. It was emphasized, however,that there would be a need for flexibility in finalizing <strong>this</strong> article.6Some delegations indicated that the issue <strong>of</strong> corresponding value created difficulties (see, for example, the statement<strong>of</strong> Spain contained in <strong>document</strong> A/AC.254/5/Add.5).

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