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Deleted articlesNotes by the Secretariat1. The following separate articles were also discussed in the context <strong>of</strong> the negotiationprocess <strong>of</strong> the protocol against trafficking in persons, especially women and children, butwere eventually deleted. As already indicated (see note 4 by the Secretariat concerning article37 <strong>of</strong> the convention in part one), the objective <strong>of</strong> the present publication is to reflect andpresent the complete picture <strong>of</strong> the negotiations on the content <strong>of</strong> the convention and its protocols,irrespective <strong>of</strong> which provisions were finally included in the approved texts. For <strong>this</strong>reason, it has been considered appropriate to present the drafts <strong>of</strong> these articles, as well asthe discussions on their content that took place before the decision was made to delete them.Argentina (A/AC.254/8)Seizure and confiscation <strong>of</strong> gainsNegotiation textsFirst session: 19-29 January 1999“Article 5“Seizure and confiscation <strong>of</strong> gains“States Parties shall take all necessary and appropriate measures to allow theseizure and confiscation <strong>of</strong> gains obtained by the criminal organization from the<strong>of</strong>fences described in article 3 <strong>of</strong> <strong>this</strong> Protocol. The proceeds from such seizure andconfiscation shall be allocated towards defraying the costs <strong>of</strong> providing due assistanceto the victim, where deemed appropriate by States Parties and as agreed bythem, in conformity with individual guarantees enshrined in domestic legislation.”Rolling text (A/AC.254/4/Add.3/Rev.2)Second session: 8-12 March 1999“Article 5 bis 1“Seizure and confiscation <strong>of</strong> gains“States Parties shall take all necessary and appropriate measures to allow theseizure and confiscation <strong>of</strong> gains obtained by the criminal organizations from the1The text <strong>of</strong> <strong>this</strong> provision was proposed by Argentina at the second session <strong>of</strong> the Ad Hoc Committee (seeA/AC.254/L.17).443

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