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230 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(iii) Offences that criminal organizations have committed or might commit;“(b) To provide factual, concrete help to competent authorities that may contributeto depriving criminal organizations <strong>of</strong> their resources or <strong>of</strong> the proceeds <strong>of</strong>crime. 8“2. Each State Party shall provide for the possibility <strong>of</strong>, in appropriate cases,mitigating punishment 9 <strong>of</strong> an accused person who provides substantial cooperation inthe investigation or prosecution <strong>of</strong> [an <strong>of</strong>fence established in article [...] <strong>of</strong> [any <strong>of</strong>the <strong>of</strong>fences covered by] <strong>this</strong> Convention.“2 bis. Each State Party shall give consideration to providing, in accordance withits fundamental legal principles, the possibility <strong>of</strong> granting immunity from prosecutionto a person who provides substantial cooperation in the investigation or prosecution<strong>of</strong> [any <strong>of</strong> the <strong>of</strong>fences established in articles [...] <strong>of</strong> <strong>this</strong> Convention] [an<strong>of</strong>fence covered by <strong>this</strong> Convention]. 10“3. Protection <strong>of</strong> such persons shall be as provided for in article 18 <strong>of</strong> <strong>this</strong>Convention.“4. Where a person referred to in paragraph 1 <strong>of</strong> <strong>this</strong> article can provide substantialcooperation to the competent authorities <strong>of</strong> another State, the States Partiesconcerned may consider entering into arrangements, in accordance with domestic law,concerning the potential provision by the other State <strong>of</strong> the treatment described inparagraph 2 <strong>of</strong> <strong>this</strong> article.Seventh session: 17-28 January 2000Notes by the Secretariat2. Delegations based their comments on the text <strong>of</strong> article 18 ter <strong>of</strong> the revised draftconvention contained in <strong>document</strong> A/AC.254/4/Rev.6, which was the same as that containedin <strong>document</strong> A/AC.254/4/Rev.5.Rolling text (A/AC.254/4/Rev.7)“Article 18 ter 11“Measures to enhance cooperation with law enforcement authorities“1. States Parties shall take appropriate measures to encourage persons whoparticipate or who have participated in organized criminal groups covered by <strong>this</strong>Convention:8Proposal submitted by Germany at the fifth session <strong>of</strong> the Ad Hoc Committee, at the request <strong>of</strong> the Chairman, toreplace former paragraph 1 <strong>of</strong> <strong>this</strong> article.9The United States indicated that <strong>this</strong> phrase might include not only prescribed but also de facto mitigation <strong>of</strong> punishment.That view was supported by many delegations.10Paragraphs 2 and 2 bis constituted a reformulation <strong>of</strong> former paragraph 2 that reflected the concerns expressed atthe fifth session <strong>of</strong> the Ad Hoc Committee.11Except where indicated otherwise, the text <strong>of</strong> <strong>this</strong> article was provisionally approved at the informal consultationsheld during the seventh session <strong>of</strong> the Ad Hoc Committee and recommended by the Chairmen <strong>of</strong> the informal consultationsas the basis for the consideration and approval <strong>of</strong> the article by the Ad Hoc Committee at its eighth session.

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