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Part One. Article 12 113“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, in part or in full,into other property, such property shall be liable to the measures referred to in thisarticle instead of 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.“5. Income or other benefits 20 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.“6. 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.“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.“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.”Notes by the Secretariat4. Delegations based their comments on the text of article 7 of the revised draft conventioncontained in document A/AC.254/4/Rev.9 and Corr.1, which was the same as thatcontained in document A/AC.254/4/Rev.8.5. The Ad Hoc Committee considered, finalized and approved article 7, as amendedon the basis of a proposal submitted by the Netherlands (see A/AC.254/L.225). Thatproposal was to amend paragraph 1 to read as follows:“1. States Parties shall adopt, to the greatest extent possible within their domesticlegal systems, such measures as may be necessary to enable confiscation of:“...”20This term is intended to encompass material benefits, as well as legal rights and interests of an enforceable nature,that are subject to confiscation.