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160 Travaux préparatoires: United Nations Convention against Transnational Organized Crimeguarantees provided by the law <strong>of</strong> the State in the territory <strong>of</strong> which that person ispresent.“14. States Parties shall seek to conclude bilateral and multilateral agreementsto carry out or to enhance the effectiveness <strong>of</strong> extradition.“15. Before refusing extradition, the requested State Party shall [whenever possibleor when requested by the requesting State Party] [where appropriate or whenrequested by the requesting State Party] consult with the requesting State Party toprovide it with ample opportunity to present its opinions and to provide informationrelevant to its allegation.”Notes by the Secretariat3. At its tenth session, the Ad Hoc Committee considered, finalized and approvedarticle 10, as amended. Paragraph 1 was finally structured on the basis <strong>of</strong> the recommendation<strong>of</strong> an informal working group on articles 10 and 14 <strong>of</strong> the draft convention (seeA/AC.254/L.233). The recommended text was as follows:“1. This article shall apply to the <strong>of</strong>fences covered by <strong>this</strong> Convention or incases where an <strong>of</strong>fence referred to in article 2, paragraph 1 (a) or (b), involves anorganized criminal group and the person who is the subject <strong>of</strong> the request for extraditionis located in the requested State Party, provided that the <strong>of</strong>fence for whichextradition is sought is punishable under the domestic law <strong>of</strong> both the requesting StateParty and the requested State Party.”A further paragraph was inserted in the article, providing for the non-inclusion among thegrounds for denying extradition <strong>of</strong> the fact that the <strong>of</strong>fence concerned is also consideredto involve fiscal matters. The same provision was also incorporated in article 14 <strong>of</strong> thedraft convention, on mutual legal assistance (see article 18 <strong>of</strong> the convention). The lastamendments are reflected in the final text <strong>of</strong> the convention, as included in the report <strong>of</strong>the Ad Hoc Committee (A/55/383, sect. IV, draft resolution, annex I), that was submittedto the General Assembly for adoption pursuant to resolution 54/126 <strong>of</strong> 17 December 1999.B. Approved text adopted by the General Assembly(see resolution 55/25, annex I)Article 16Extradition1. This article shall apply to the <strong>of</strong>fences covered by <strong>this</strong> Convention orin cases where an <strong>of</strong>fence referred to in article 3, paragraph 1 (a) or (b), involvesan organized criminal group and the person who is the subject <strong>of</strong> the request forextradition is located in the territory <strong>of</strong> the requested State Party, provided thatthe <strong>of</strong>fence for which extradition is sought is punishable under the domestic law<strong>of</strong> both the requesting State Party and the requested State Party.2. If the request for extradition includes several separate serious crimes,some <strong>of</strong> which are not covered by <strong>this</strong> article, the requested State Party may apply<strong>this</strong> article also in respect <strong>of</strong> the latter <strong>of</strong>fences.

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