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192 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRecommendation <strong>of</strong> an informal working group on article 14, paragraph 2(A/AC.254/L.220)It was proposed to replace paragraph 2 with the following:“2. Without prejudice to the application <strong>of</strong> paragraph 21 (g) <strong>of</strong> <strong>this</strong> article, inwhich the involvement <strong>of</strong> an organized criminal group is being considered solely forthe purpose <strong>of</strong> determining if <strong>this</strong> article applies, it shall be sufficient for the requestingState Party to provide an indication that an organized criminal group may beinvolved in the <strong>of</strong>fence in relation to which assistance is sought.”France (A/AC.254/L.221)Paragraph 3France proposed to amend paragraph 3 to read:“3. Mutual legal assistance shall be afforded to the fullest extent possible underrelevant laws, treaties and arrangements with respect to investigations, prosecutionsand judicial proceedings relating to the <strong>of</strong>fences for which a legal person may beheld liable under article 5 <strong>of</strong> <strong>this</strong> Convention in the requesting State.”Recommendation <strong>of</strong> an informal working group on article 14, paragraph 7(A/AC.254/L.222)Paragraph 7It was proposed to add the following sentence at the end <strong>of</strong> paragraph 7:“However, <strong>this</strong> shall not prevent the receiving Party from disclosing in its proceedingsinformation that is exculpatory to an accused person.”The working group also recommended that two additional concerns be addressedin the travaux préparatoires. This could be done by wording to the following effect:(a) When a State Party is considering whether to spontaneously provide information<strong>of</strong> a particularly sensitive nature or is considering placing strict restrictionson the use <strong>of</strong> information thus provided, it is considered advisable for the State Partyconcerned to consult with the potential receiving State beforehand;(b) When a State Party that receives information under <strong>this</strong> provision alreadyhas similar information in its possession, it is not obliged to comply with any restrictionsimposed by the transmitting State.Recommendation <strong>of</strong> an informal working group on article 14, paragraphs 1 and 2(A/AC.254/L.233)Paragraphs 1 and 2It was proposed to replace paragraphs 1 and 2 with the following:“1. States Parties shall afford one another the widest measure <strong>of</strong> mutual legalassistance in investigations, prosecutions and judicial proceedings in relation to the

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