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198 Travaux préparatoires: United Nations Convention against Transnational Organized Crimeher presence is no longer required by the judicial authorities, an opportunity <strong>of</strong>leaving, has nevertheless remained voluntarily in the territory <strong>of</strong> the requestingState Party or, having left it, has returned <strong>of</strong> his or her own free will.28. The ordinary costs <strong>of</strong> executing a request shall be borne by the requestedState Party, unless otherwise agreed by the States Parties concerned. If expenses<strong>of</strong> a substantial or extraordinary nature are or will be required to fulfil therequest, the States Parties shall consult to determine the terms and conditions underwhich the request will be executed, as well as the manner in which the costs shallbe borne.29. The requested State Party:(a) Shall provide to the requesting State Party copies <strong>of</strong> governmentrecords, <strong>document</strong>s or information in its possession that under its domestic laware available to the general public;(b) May, at its discretion, provide to the requesting State Party in whole,in part or subject to such conditions as it deems appropriate, copies <strong>of</strong> any governmentrecords, <strong>document</strong>s or information in its possession that under its domesticlaw are not available to the general public.30. States Parties shall consider, as may be necessary, the possibility <strong>of</strong>concluding bilateral or multilateral agreements or arrangements that would servethe purposes <strong>of</strong>, give practical effect to or enhance the provisions <strong>of</strong> <strong>this</strong> article.C. Interpretative notesThe interpretative notes on article 18 <strong>of</strong> the convention approved by the AdHoc Committee and contained in its report on the work <strong>of</strong> its first to eleventhsessions (see A/55/383/Add.1, paras. 36-43) are as follows:Paragraph 2(a) The term “judicial proceedings” in article 18, paragraph 2, refers tothe matter for which mutual legal assistance is requested and is not intended tobe perceived as in any way prejudicing the independence <strong>of</strong> the judiciary.Paragraph 5(b) When a State party is considering whether to spontaneously provideinformation <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 theState party concerned to consult with the potential receiving State beforehand.When a State party that receives information under <strong>this</strong> provision already has similarinformation in its possession, it is not obliged to comply with any restrictionsimposed by the transmitting State.Paragraph 8(c) This paragraph is not inconsistent with paragraphs 17 and 21 <strong>of</strong> <strong>this</strong>article.Paragraph 10 (b)(d) Among the conditions to be determined by States parties for the transfer<strong>of</strong> a person, States parties may agree that the requested State party may be presentat witness testimony conducted in the territory <strong>of</strong> the requesting State party.

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