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110 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRolling text (A/AC.254/4/Rev.5)“Article 7“Confiscation“1. States Parties shall adopt such measures as may be necessary to enableconfiscation of:“(a) Proceeds of crime or property the value of which corresponds 10 to that ofsuch proceeds;“(b) Property, equipment or other instrumentalities used in [or intended for usein] 11 offences covered by this Convention. 12“2. States Parties shall adopt such measures as may be necessary to enable theidentification, tracing, freezing or seizure of any item referred to in paragraph 1 ofthis article for the purpose of eventual confiscation. 13“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. 14“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, 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 an offenderdemonstrate the lawful origin of alleged proceeds of crime or other property liableto confiscation, to the extent that such a requirement is consistent with the principlesof its domestic law and with the nature of the judicial and other proceedings.10At the fifth session of the Ad Hoc Committee, several delegations noted that their legal systems did not provide forthe confiscation of the value that corresponded to the proceeds of crime. Several other delegations supported the retentionof this possibility, noting that it was also envisaged under the United Nations Convention against Illicit Traffic in NarcoticDrugs and Psychotropic Substances of 1988 (United Nations, Treaty Series, vol. 1582, No. 27627).11At the fifth session of the Ad Hoc Committee, several delegations expressed concern about the inclusion of thewords “or intended for use”. Several other delegations supported the retention of those words, which appeared in the 1988Convention.12At the fifth session of the Ad Hoc Committee, some delegations noted that, once the final formulation of article 4,paragraph 1 bis, had been decided, a parallel provision would be required for the article on confiscation.13Cyprus noted that this article and paragraph should also cover provisional measures even in cases where no confiscationtook place.14At the fifth session of the Ad Hoc Committee, Colombia expressed the view that this paragraph, on the seizure ofrecords, was out of place in an article dealing with confiscation.