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Part One. Article 12 111“8. The provisions of this article shall not be construed to prejudice the rightsof bona fide third parties.“9. Nothing contained in this article shall affect the principle that the measuresto which it refers shall be defined and implemented in accordance with and subjectto the provisions of the domestic law of a State Party.” 15Seventh session: 17-28 January 2000Notes by the Secretariat3. Delegations based their comments on the text of article 7 of the revised draftConvention contained in document A/AC.254/4/Rev.6, which was the same as that containedin document A/AC.254/4/Rev.5.Rolling text (A/AC.254/4/Rev.7)“Article 7 16“Confiscation and seizure“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 to that ofsuch proceeds;“(b) Property, equipment or other instrumentalities used in or destined for usein offences covered by this Convention.“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.“3. 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.“4. 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.15This paragraph, taken from article 5, paragraph 9, of the 1988 Convention, was inserted at the fifth session of theAd Hoc Committee. Several delegations expressed their concern about the reference to implementation “subject to” the provisionsof the domestic law of a State party. The Chairman suggested that this issue be reviewed in connection with similarphrasing in other parts of the draft convention.16The text of this article was provisionally approved at the informal consultations held during the seventh session ofthe Ad Hoc Committee and recommended by the Chairmen of the informal consultations as the basis for the considerationand approval of the article by the Ad Hoc Committee at its eighth session. It was noted that this article posed issues similarto those under consideration in relation to paragraph 1 bis of article 4.