View/save PDF version of this document - La Strada International

128 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeB. Approved text adopted by the General Assembly(see resolution 55/25, annex I)Article 14Disposal of confiscated proceeds of crime or property1. Proceeds of crime or property confiscated by a State Party pursuantto articles 12 or 13, paragraph 1, of this Convention shall be disposed of by thatState Party in accordance with its domestic law and administrative procedures.2. When acting on the request made by another State Party in accordancewith article 13 of this Convention, States Parties shall, to the extent permitted bydomestic law and if so requested, give priority consideration to returning the confiscatedproceeds of crime or property to the requesting State Party so that it cangive compensation to the victims of the crime or return such proceeds of crimeor property to their legitimate owners.3. When acting on the request made by another State Party in accordancewith articles 12 and 13 of this Convention, a State Party may give special considerationto concluding agreements or arrangements on:(a) Contributing the value of such proceeds of crime or property or fundsderived from the sale of such proceeds of crime or property or a part thereof tothe account designated in accordance with article 30, paragraph 2 (c), of thisConvention and to intergovernmental bodies specializing in the fight against organizedcrime;(b) Sharing with other States Parties, on a regular or case-by-case basis,such proceeds of crime or property, or funds derived from the sale of such proceedsof crime or property, in accordance with its domestic law or administrativeprocedures.C. Interpretative noteThe interpretative note on article 14 of the convention approved by the AdHoc Committee and contained in its report on the work of its first to eleventhsessions (see A/55/383/Add.1, para. 25) is as follows:When feasible, States parties would examine whether it would be appropriate,in conformity with individual guarantees embodied in their domestic law, touse confiscated assets to cover the costs of assistance provided pursuant to article24, paragraph 2.