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204 Travaux préparatoires: United Nations Convention against Transnational Organized Crimeto provide a legal basis for 3 the [appropriate] use of special investigative techniques,such as controlled delivery, surveillance, including electronic surveillance, and undercoveroperations for the purpose of gathering evidence and taking legal action againstpersons involved in an offence established in article(s) [...] [alternatively: in an offencecovered by this convention]. 42. States Parties shall consider extending the use of the special investigativetechniques referred to in paragraph 1 of this article at the international level, on thebasis of agreements or arrangements.[2 bis. States Parties participating in this type of investigation at the internationallevel shall scrupulously respect the terms of reference agreed upon with the competentauthorities of the States Parties in which these activities are carried out andshall fully respect the sovereignty of such States.] 53. Decisions to use such special investigative techniques at the internationallevel shall be made on a case-by-case basis and may, when necessary, take into considerationfinancial arrangements and understandings with respect to the exercise ofjurisdiction by the States Parties concerned. 64. Decisions to use controlled delivery at the international level may includemethods such as intercepting and allowing the goods to continue intact or removedor replaced in whole or in part.Fifth session: 4-15 October 1999Notes by the Secretariat1. The version of article 15 contained in document A/AC.254/4/Rev.1 remainedunchanged in the intermediate drafts of the convention (A/AC.254/4/Revs.2-4).3Some delegations proposed that “to provide a legal basis for” should be amended to read “to allow for the appropriateuse of”. One delegation proposed that “to provide a legal basis for” should be amended to read “to provide a lawfulbasis for”.4Several delegations noted the need to define these concepts. It was also suggested by some delegations that since thelist of measures in this paragraph was not exhaustive and new investigative measures might be developed in response tothe evolution of organized crime and of technology, the definitions might also be inserted into the travaux préparatoires.One delegation proposed the addition of “interception of electronic messages” as a special investigatory technique. However,several delegations noted that not only was that issue evolving rapidly, but it was also particularly complex and sensitiveand therefore should perhaps not be dealt with in the context of the convention. Several delegations emphasized the possibleneed for providing technical assistance to developing countries to support the use of special investigative techniques, asnoted in article 21, subparagraph 1 (g) of the draft convention contained in document A/AC.254/4/Rev.4. Some delegationssuggested that a provision on technical cooperation should be inserted in the present article.5This paragraph was submitted by Mexico and was not discussed by the Ad Hoc Committee at its first session.6One delegation emphasized the need to respect the territorial integrity and sovereignty of States parties. One delegationproposed that the present provision should specify, in the same manner as article 14, paragraph 21, the presumptiveallocation of the financial burden resulting from the use of special investigative measures at the international level.