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Part One. Article 13 119Rolling text (A/AC.254/4/Rev.5)“Article 7 bis“<strong>International</strong> cooperation for purposes <strong>of</strong> confiscation 3“1. Following a request made pursuant to article 7 by another State Party havingjurisdiction over an <strong>of</strong>fence established in article(s) [...] <strong>of</strong> <strong>this</strong> Convention [alternatively:an <strong>of</strong>fence covered by <strong>this</strong> Convention], the State Party in whose territoryproceeds <strong>of</strong> crime, property, instrumentalities or any other things referred to in paragraph1 <strong>of</strong> article 7 are situated shall:“(a) Submit the request to its competent authorities for the purpose <strong>of</strong> obtainingan order <strong>of</strong> confiscation and, if such order is granted, give effect to it; or“(b) Submit to its competent authorities, with a view to giving effect to it tothe extent requested, an order <strong>of</strong> confiscation issued by a court in the requesting Partyin accordance with paragraph 1 <strong>of</strong> article 7, in so far as it relates to proceeds <strong>of</strong>crime, property, instrumentalities or any other things referred to in paragraph 1 <strong>of</strong>article 7 situated in the territory <strong>of</strong> the requested Party.“2. Following a request made pursuant to <strong>this</strong> article by another State Partyhaving jurisdiction over an <strong>of</strong>fence established in article(s) [...] <strong>of</strong> <strong>this</strong> Convention[alternatively: an <strong>of</strong>fence covered by <strong>this</strong> Convention], the requested State Party shalltake measures to identify, trace 4 and freeze or seize proceeds <strong>of</strong> crime, property, instrumentalitiesor any other things referred to in paragraph 1 <strong>of</strong> article 7 for the purpose<strong>of</strong> eventual confiscation to be ordered either by the requesting State Party or, pursuantto a request under paragraph 1 <strong>of</strong> <strong>this</strong> article, by the requested State Party.“3. The decisions or actions provided for in paragraphs 1 and 2 <strong>of</strong> <strong>this</strong> articleshall be taken by the requested State Party, in accordance with and subject to theprovisions <strong>of</strong> its domestic law and its procedural rules or any bilateral or multilateraltreaty, agreement or arrangement to which it may be bound in relation to therequesting State Party.“4. The provisions <strong>of</strong> article 14 are applicable mutatis mutandis. In additionto the information specified in paragraph 10 <strong>of</strong> article 14, requests made pursuant to<strong>this</strong> article shall contain the following:“(a) In the case <strong>of</strong> a request pertaining to subparagraph 1 (a) <strong>of</strong> <strong>this</strong> article, adescription <strong>of</strong> the property to be confiscated and a statement <strong>of</strong> the facts relied uponby the requesting State Party sufficient to enable the requested State Party to seekthe order under its domestic law;“(b) In the case <strong>of</strong> a request pertaining to subparagraph 1 (b) <strong>of</strong> <strong>this</strong> article, alegally admissible copy <strong>of</strong> an order <strong>of</strong> confiscation issued by the requesting StateParty upon which the request is based, a statement <strong>of</strong> the facts and information as tothe extent to which the execution <strong>of</strong> the order is requested;“(c) In the case <strong>of</strong> a request pertaining to paragraph 2 <strong>of</strong> <strong>this</strong> article, a statement<strong>of</strong> the facts relied upon by the requesting State Party and a description <strong>of</strong> theactions requested.3At the fifth session <strong>of</strong> the Ad Hoc Committee, Cyprus proposed that the title should be amended to read “<strong>International</strong>cooperation for the purposes <strong>of</strong> provisional measures and confiscation”.4At the fifth session <strong>of</strong> the Ad Hoc Committee, Cyprus proposed the deletion <strong>of</strong> the words “identify, trace and”.

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