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Part One. Article 18 171“22. States Parties shall consider, as may be necessary, the possibility <strong>of</strong> concludingbilateral or multilateral agreements or arrangements that would serve the purposes<strong>of</strong>, give practical effect to or enhance the provisions <strong>of</strong> <strong>this</strong> article.”Rolling text (A/AC.254/4/Rev.1)“Article 14“Mutual legal assistance 11“1. States Parties shall afford one another the widest measure <strong>of</strong> mutual legalassistance, within the conditions prescribed by the domestic legislation 12 on legal assistancein investigations, prosecutions and judicial proceedings in relation to an <strong>of</strong>fenceestablished in article(s) [...] [alternatively: to an <strong>of</strong>fence covered by <strong>this</strong> Convention] 13and shall exercise flexibility in the execution <strong>of</strong> requests for such mutual assistance.“2. Mutual assistance to be afforded in accordance with <strong>this</strong> article may berequested for any <strong>of</strong> the following purposes: 14“(a) Taking evidence or statements from persons;“(b) Effecting service <strong>of</strong> judicial <strong>document</strong>s;“(c) Executing searches and seizures;“(d) Examining objects and sites;“(e) Providing information and evidentiary items;“(f) Providing originals or certified copies <strong>of</strong> relevant <strong>document</strong>s and records,including bank, financial, corporate or business records;“(g) Identifying or tracing proceeds, property, instrumentalities or other thingsfor evidentiary purposes;“(h) Facilitating the appearance <strong>of</strong> persons in the requesting State;“(i) Any other type <strong>of</strong> assistance allowed by the law <strong>of</strong> the requested State.“3. The provisions <strong>of</strong> <strong>this</strong> article shall not affect the obligations under anyother treaty, bilateral or multilateral, that governs or will govern, in whole or in part,mutual legal assistance.“4. Paragraphs 6-21 <strong>of</strong> <strong>this</strong> article shall apply to requests made pursuant to<strong>this</strong> article if the States Parties in question are not bound by a treaty <strong>of</strong> mutual legalassistance. If these Parties are bound by such a treaty, the corresponding provisions<strong>of</strong> that treaty shall apply unless the Parties agree to apply paragraphs 6-21 in lieuthere<strong>of</strong>.11One delegation noted that it would prepare a proposal regarding the amendment <strong>of</strong> <strong>this</strong> article for the second session<strong>of</strong> the Ad Hoc Committee. Several delegations proposed that the Model Treaty on Mutual Assistance in Criminal Matters(General Assembly resolution 45/117, annex) should be used as the basis for the drafting <strong>of</strong> <strong>this</strong> article. One delegation proposedthat the corresponding provisions in the <strong>International</strong> Convention for the Suppression <strong>of</strong> Terrorist Bombings (GeneralAssembly resolution 52/164, annex) should be taken as the basis for <strong>this</strong> article.12One delegation noted that the phrase “within the conditions prescribed by domestic law” overlapped similar phrasingin paragraph 12. The delegation proposed that a single provision should be drafted on the relationship with domesticlaw that would not limit the obligations under the convention.13One delegation was <strong>of</strong> the view that <strong>this</strong> article should apply only to <strong>of</strong>fences established by the convention.14One delegation noted that the wording <strong>of</strong> <strong>this</strong> paragraph implied that the list <strong>of</strong> measures was intended to be exhaustive.

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