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Part One. Article 26 231“(a) To supply information useful to competent authorities for investigative andevidentiary purposes on such matters as:“(i) The identity, nature, composition, structure or activities <strong>of</strong> organized criminalgroups;“(ii) Links, including international links, with other organized criminal groups; 12“(iii) Offences that organized criminal groups have committed or may commit;“(b) To provide factual, concrete help to competent authorities that may contributeto depriving organized criminal groups <strong>of</strong> their resources or <strong>of</strong> the proceeds<strong>of</strong> crime.“2. Each State Party shall give consideration to providing for the possibility<strong>of</strong>, in appropriate cases, mitigating punishment <strong>of</strong> an accused person who providessubstantial cooperation in the investigation or prosecution <strong>of</strong> any <strong>of</strong> the <strong>of</strong>fences coveredby <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]. 13“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 inparagraphs 2 and 2 bis <strong>of</strong> <strong>this</strong> article.”Rolling text (A/AC.254/4/Rev.8)Eighth session: 21 February-3 March 2000“Article 18 ter“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:“(a) To supply information useful to competent authorities for investigative andevidentiary purposes on such matters as:12At the informal consultations held during the seventh session <strong>of</strong> the Ad Hoc Committee, Turkey expressed its preferencefor using the term “criminal organizations”.13There was considerable discussion on <strong>this</strong> paragraph at the informal consultations held during the seventh session <strong>of</strong>the Ad Hoc Committee. Following the discussion and several drafting proposals, the Chairman asked interested delegationsto reflect on the caveats already included in the paragraph, which were designed to allay juridical concerns and to take intoaccount differences in legal systems, and to determine whether there was a need for an amended formulation for considerationat the eighth session <strong>of</strong> the Ad Hoc Committee. The concern expressed by the Netherlands regarding the potential effects<strong>of</strong> <strong>this</strong> paragraph on international cooperation was met by including a reference to <strong>this</strong> paragraph in paragraph 4.

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