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Part One. Article 12 109“(b) Property, equipment or other instrumentalities used in or intended for use 7in offences covered by this Convention.“2. States Parties shall adopt such measures as may be necessary to enable theidentification, freezing or seizure of any item referred to in paragraph 1 of this articlefor the purpose of eventual confiscation.“3. For the purposes of this article and article 7 bis, each State Party shallempower its courts or other competent authorities to order that bank, financial orcommercial records be made available or be seized. A State Party shall not declineto act under the provisions of this paragraph on the ground of bank secrecy.“4. If proceeds of crime have been transformed or converted into other property,such property shall be liable to the measures referred to in this article insteadof the proceeds.“5. If proceeds of crime have been intermingled with property acquired fromlegitimate sources, 8 such property shall, without prejudice to any powers relating toseizure or freezing, be liable to confiscation up to the assessed value of the intermingledproceeds.“6. Income or other benefits derived from proceeds of crime, from propertyinto which proceeds of crime have been transformed or converted or from propertywith which proceeds of crime have been intermingled shall also be liable to the measuresreferred to in this article, in the same manner and to the same extent as proceedsof crime.“7. Each State Party may consider the possibility of requiring that a convictedoffender demonstrate the lawful origin of alleged proceeds of crime or other propertyliable to confiscation, to the extent that such a requirement is consistent with theprinciples of its domestic law and with the nature of the judicial and other proceedings.9 “8. The provisions of this article shall not be construed to prejudice the rightsof bona fide third parties.”Fifth session: 4-15 October 1999Notes by the Secretariat2. Delegations based their comments on the text of article 7 of the revised draft conventioncontained in document A/AC.254/4/Rev.4, which was the same as that containedin document A/AC.254/4/Rev.3.7One delegation expressed concern about the inclusion of the words “or intended for use”.8One delegation noted the need to safeguard the rights of the family of the offender in considering confiscation ofintermingled property.9This paragraph was reformulated at the suggestion of the Chairman in order to take into consideration concernsexpressed by many delegations.