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388 Travaux préparatoires: United Nations Convention against Transnational Organized Crime2. When a State Party returns a victim <strong>of</strong> trafficking in persons to a StateParty <strong>of</strong> which that person is a national or in which he or she had, at the time <strong>of</strong>entry into the territory <strong>of</strong> the receiving State Party, the right <strong>of</strong> permanent residence,such return shall be with due regard for the safety <strong>of</strong> that person and forthe status <strong>of</strong> any legal proceedings related to the fact that the person is a victim<strong>of</strong> trafficking and shall preferably be voluntary.3. At the request <strong>of</strong> a receiving State Party, a requested State Party shall,without undue or unreasonable delay, verify whether a person who is a victim <strong>of</strong>trafficking in persons is its national or had the right <strong>of</strong> permanent residence in itsterritory at the time <strong>of</strong> entry into the territory <strong>of</strong> the receiving State Party.4. In order to facilitate the return <strong>of</strong> a victim <strong>of</strong> trafficking in personswho is without proper <strong>document</strong>ation, the State Party <strong>of</strong> which that person is anational or in which he or she had the right <strong>of</strong> permanent residence at the time<strong>of</strong> entry into the territory <strong>of</strong> the receiving State Party shall agree to issue, at therequest <strong>of</strong> the receiving State Party, such travel <strong>document</strong>s or other authorizationas may be necessary to enable the person to travel to and re-enter its territory.5. This article shall be without prejudice to any right afforded to victims<strong>of</strong> trafficking in persons by any domestic law <strong>of</strong> the receiving State Party.6. This article shall be without prejudice to any applicable bilateral ormultilateral agreement or arrangement that governs, in whole or in part, the return<strong>of</strong> victims <strong>of</strong> trafficking in persons.C. Interpretative notesThe interpretative notes on article 8 <strong>of</strong> the protocol approved by the Ad HocCommittee and contained in its report on the work <strong>of</strong> its first to eleventh sessions(see A/55/383/Add.1, paras. 72-77) are as follows:Paragraph 1(a) The words “permanent residence” in <strong>this</strong> paragraph mean long-termresidence, but not necessarily indefinite residence. The paragraph should be understoodas being without prejudice to any domestic legislation regarding either thegranting <strong>of</strong> the right <strong>of</strong> residence or the duration <strong>of</strong> residence.Paragraph 2(b) The words “and shall preferably be voluntary” are understood not toplace any obligation on the State party returning the victims.Paragraph 3(c) The understanding <strong>of</strong> the Ad Hoc Committee was that a return under<strong>this</strong> article shall not be undertaken before the nationality or right <strong>of</strong> permanentresidence <strong>of</strong> the person whose return is sought has been duly verified.Paragraph 4(d) The words “travel <strong>document</strong>s” include any type <strong>of</strong> <strong>document</strong> requiredfor entering or leaving a State under its domestic law.

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