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Part One. Article 15 133“2. A State Party may also establish its jurisdiction over any such <strong>of</strong>fencewhen:“(a)State; 11“(b)The <strong>of</strong>fence is committed against a national or a habitual resident <strong>of</strong> thatThe <strong>of</strong>fence is committed by a national or a habitual resident <strong>of</strong> that State; or“(c) The <strong>of</strong>fence is committed outside its territory with a view to the commission,within its territory, <strong>of</strong> an <strong>of</strong>fence established in accordance with articles [...] <strong>of</strong><strong>this</strong> Convention; or“[(d) The <strong>of</strong>fence has substantial effects in that State.] 12“[3. Each State Party shall take such measures as may be necessary to establishits jurisdiction over the <strong>of</strong>fences it has established in accordance with articles[...] <strong>of</strong> <strong>this</strong> Convention when the alleged <strong>of</strong>fender is present in its territory and it doesnot extradite him or her to another State Party on the ground:“(a) That the <strong>of</strong>fence has been committed in its territory or on board a vesselthat was flying its flag or an aircraft that was registered under its law at the time the<strong>of</strong>fence was committed; or“(b) That the <strong>of</strong>fence has been committed by one <strong>of</strong> its nationals.] 13“[4. Each State Party may also take such measures as may be necessary toestablish its jurisdiction over the <strong>of</strong>fences it has established in accordance with articles[...] when the alleged <strong>of</strong>fender is present in its territory and it does not extraditehim or her.] 14“5. If the State exercising its jurisdiction under paragraph 1 or 2 <strong>of</strong> <strong>this</strong>article has been notified, or has otherwise learned, that one or more other Statesare conducting an investigation or carrying out criminal proceedings in respect <strong>of</strong>the same conduct, the competent authorities <strong>of</strong> those States shall, as appropriate,consult one another with a view to resolving the matter and coordinating theiractions. [Until a solution has been reached, each State Party shall take care, asfar as possible, not to jeopardize the investigations conducted by one or moreStates.] 1511China proposed the inclusion <strong>of</strong> the words “or that State” at the end <strong>of</strong> the sentence. Other delegations suggestedthat the concept <strong>of</strong> an “<strong>of</strong>fence committed against a State” was ambiguous and would in any case be covered by paragraph6 <strong>of</strong> the present article.12This subparagraph was included in the previous <strong>version</strong>s <strong>of</strong> <strong>this</strong> article and was retained at the request <strong>of</strong> some delegations.13The text <strong>of</strong> <strong>this</strong> paragraph would need to be reviewed in the light <strong>of</strong> agreement on the formulation <strong>of</strong> article 10, onextradition.14Ibid.15It was agreed to review <strong>this</strong> sentence in the light <strong>of</strong> article 14, on mutual legal assistance, to be agreed upon. TheIslamic Republic <strong>of</strong> Iran proposed that a compromise solution might be the following: “with a view to coordinating theirinvestigative actions, so as not to lose time-sensitive evidence”. Some delegations expressed their preference for the previousformulation <strong>of</strong> <strong>this</strong> paragraph, as contained in <strong>document</strong> A/AC.254/4/Revs.1-3.

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