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120 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“5. Each State Party shall furnish the Secretary-General <strong>of</strong> the United Nationswith the text <strong>of</strong> any <strong>of</strong> its laws and regulations that give effect to <strong>this</strong> article and thetext <strong>of</strong> any subsequent changes to such laws and regulations.“6. If a State Party elects to make the taking <strong>of</strong> the measures referred to inparagraphs 1 and 2 <strong>of</strong> <strong>this</strong> article conditional on the existence <strong>of</strong> a relevant treaty,that Party shall consider <strong>this</strong> Convention the necessary and sufficient treaty basis.“7. States Parties shall seek to conclude bilateral and multilateral treaties,agreements or arrangements to enhance the effectiveness <strong>of</strong> international cooperationpursuant to <strong>this</strong> article.“8. Cooperation under <strong>this</strong> article may be refused by a State Party if the <strong>of</strong>fenceto which the request relates would not be an <strong>of</strong>fence [covered by <strong>this</strong> Convention]. 5“9. The provisions <strong>of</strong> <strong>this</strong> article shall not be construed to prejudice the rights<strong>of</strong> bona fide third parties.”Seventh session: 17-28 January 2000Notes by the Secretariat3. Delegations based their comments on the text <strong>of</strong> article 7 bis <strong>of</strong> the revised draftconvention contained in <strong>document</strong> A/AC.254/4/Rev.6, which was the same as that containedin <strong>document</strong> A/AC.254/4/Rev.5.Rolling text (A/AC.254/4/Rev.7)“Article 7 bis 6“<strong>International</strong> cooperation for purposes <strong>of</strong> confiscation“1. A State Party that has received a request from another State Party havingjurisdiction over an <strong>of</strong>fence covered by <strong>this</strong> Convention for confiscation <strong>of</strong> proceeds<strong>of</strong> crime, property, instrumentalities or any other things referred to in paragraph 1 <strong>of</strong>article 7, situated in its territory, 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, ins<strong>of</strong>ar as it relates to proceeds <strong>of</strong> crime,5The text <strong>of</strong> <strong>this</strong> paragraph as it appeared in <strong>document</strong> A/AC.254/4/Rev.4 referred to “an <strong>of</strong>fence in the context <strong>of</strong> acriminal organization if committed within its jurisdiction”. At the fifth session <strong>of</strong> the Ad Hoc Committee, the text wasamended on the basis <strong>of</strong> a proposal by France, as indicated in square brackets.6The text <strong>of</strong> <strong>this</strong> article was provisionally approved at the informal consultations held during the seventh session <strong>of</strong>the Ad Hoc Committee and recommended by the Chairmen <strong>of</strong> the informal consultations as the basis for the considerationand approval <strong>of</strong> the article by the Ad Hoc Committee at its eighth session.

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