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Part One. Article 18 193<strong>of</strong>fences covered by <strong>this</strong> Convention as provided for in article 2 and shall reciprocallyextend to one another similar assistance where the requesting State Party hasreasonable grounds to suspect that the <strong>of</strong>fence referred to in article 2, paragraph 1(a) or (b), is transnational in nature, including that victims, witnesses, proceeds, instrumentalitiesor evidence <strong>of</strong> such <strong>of</strong>fences are located in the requested State Party andthat the <strong>of</strong>fence involves an organized criminal group.”Notes by the Secretariat3. At its tenth session, the Ad Hoc Committee considered, finalized and approvedarticle 14, as amended. The above-mentioned proposals were taken into consideration inthe final text, in which the following amendments were also reflected. Former paragraphs5 (d) and (j) (inserted in square brackets) were deleted. The reference to the law <strong>of</strong> therequesting State party in former paragraph 5 (k) was also deleted. In former paragraph 7,additional text was added, further to the text proposed by the informal working group (seeA/AC.254/L.222), to cover cases <strong>of</strong> disclosing information that is exculpatory to an accusedperson. Additional text was also added to former paragraph 9 (encouragement to applyparagraphs 11 to 29 <strong>of</strong> the draft convention if they facilitate cooperation). Former paragraph11 was redrafted and its final form basically reflects the proposal submitted by China(see footnote 46) and further comments submitted by the Russian Federation and Singapore.Former paragraph 12 on the transfer <strong>of</strong> detained persons or persons serving a sentence togive evidence abroad was also restructured and a paragraph on safe conduct was added asa new paragraph 12. Paragraph 18 on testimony via video conference was restructured onthe basis <strong>of</strong> text (paragraph 1) included in the proposal submitted by Italy (see footnote62). In paragraph 19, the phrase “if so requested by the requested State” was deleted (proposalsubmitted by China). Further text was added to cover cases <strong>of</strong> disclosing informationthat is exculpatory to an accused person (see also the similar addition in formerparagraph 7). For paragraphs 21 (e) and (f), see the interpretative notes below. Paragraph21 (g) was deleted. Paragraph 22 on fiscal <strong>of</strong>fences was restructured on the basis <strong>of</strong> a proposalsubmitted by Switzerland, as amended in the light <strong>of</strong> article 13 <strong>of</strong> the <strong>International</strong>Convention for the Suppression <strong>of</strong> the Financing <strong>of</strong> Terrorism. Paragraph 24 was replacedby new text on prompt execution <strong>of</strong> mutual legal assistance requests within the deadlinessuggested by the requesting State (based on a proposal submitted by Italy, contained in<strong>document</strong> A/AC.254/5/Add.23). In paragraph 27, a clause was inserted so that <strong>this</strong> provisiondoes not affect the application <strong>of</strong> the safe conduct provision that was added in thefinal text as new paragraph 12. Former paragraph 28 was deleted in view <strong>of</strong> the concernsexpressed by delegations and on the understanding that the presence <strong>of</strong> the authorities <strong>of</strong>the requested State party in proceedings conducted in the territory <strong>of</strong> the requesting Stateparty would be subject to bilateral agreements or arrangements. The last amendments arereflected in the final text <strong>of</strong> the convention, as included in the report <strong>of</strong> the Ad HocCommittee (A/55/383, sect. IV, draft resolution, annex I), that was submitted to the GeneralAssembly for adoption pursuant to resolution 54/126 <strong>of</strong> 17 December 1999.4. Following the adoption <strong>of</strong> the report <strong>of</strong> the Ad Hoc Committee on its tenth session,Lebanon requested that the report should reflect the reservations expressed by Lebanonregarding article 14, paragraph 8.

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