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114 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeThe last amendments are reflected in the final text <strong>of</strong> the convention, as included in thereport <strong>of</strong> the Ad Hoc Committee (A/55/383, sect. IV, draft resolution, annex I), that wassubmitted to the General Assembly for adoption pursuant to resolution 54/126 <strong>of</strong> 17December 1999.6. Following the adoption <strong>of</strong> the report <strong>of</strong> the Ad Hoc Committee on its tenth session,Lebanon requested that the reservations <strong>of</strong> Lebanon regarding article 7, paragraph 6,should be reflected in that report.B. Approved text adopted by the General Assembly(see resolution 55/25, annex I)Article 12Confiscation and seizure1. States Parties shall adopt, to the greatest extent possible within theirdomestic legal systems, such measures as may be necessary to enable confiscation<strong>of</strong>:(a) Proceeds <strong>of</strong> crime derived from <strong>of</strong>fences covered by <strong>this</strong> Conventionor property the value <strong>of</strong> which corresponds to that <strong>of</strong> such proceeds;(b) Property, equipment or other instrumentalities used in or destined foruse in <strong>of</strong>fences covered by <strong>this</strong> Convention.2. States Parties shall adopt such measures as may be necessary to enablethe identification, tracing, freezing or seizure <strong>of</strong> any item referred to in paragraph1 <strong>of</strong> <strong>this</strong> article for the purpose <strong>of</strong> eventual confiscation.3. If proceeds <strong>of</strong> crime have been transformed or converted, in part or infull, into other property, such property shall be liable to the measures referred toin <strong>this</strong> article instead <strong>of</strong> the proceeds.4. If proceeds <strong>of</strong> crime have been intermingled with property acquiredfrom legitimate sources, such property shall, without prejudice to any powers relatingto freezing or seizure, be liable to confiscation up to the assessed value <strong>of</strong> theintermingled proceeds.5. Income or other benefits derived from proceeds <strong>of</strong> crime, from propertyinto which proceeds <strong>of</strong> crime have been transformed or converted or fromproperty with which proceeds <strong>of</strong> crime have been intermingled shall also be liableto the measures referred to in <strong>this</strong> article, in the same manner and to the sameextent as proceeds <strong>of</strong> crime.6. For the purposes <strong>of</strong> <strong>this</strong> article and article 13 <strong>of</strong> <strong>this</strong> Convention, eachState Party shall empower its courts or other competent authorities to order thatbank, financial or commercial records be made available or be seized. States Partiesshall not decline to act under the provisions <strong>of</strong> <strong>this</strong> paragraph on the ground <strong>of</strong>bank secrecy.7. States Parties may consider the possibility <strong>of</strong> requiring that an <strong>of</strong>fenderdemonstrate the lawful origin <strong>of</strong> alleged proceeds <strong>of</strong> crime or other property liableto confiscation, to the extent that such a requirement is consistent with the principles<strong>of</strong> their domestic 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 therights <strong>of</strong> bona fide third parties.9. Nothing contained in <strong>this</strong> article shall affect the principle that the measuresto which it refers shall be defined and implemented in accordance with andsubject to the provisions <strong>of</strong> the domestic law <strong>of</strong> a State Party.

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