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444 Travaux préparatoires: United Nations Convention against Transnational Organized Crime<strong>of</strong>fences described in <strong>this</strong> Protocol. The proceeds from such seizure and confiscationshall be used to defray the costs <strong>of</strong> providing due assistance to the victim, wheredeemed appropriate by States Parties and as agreed by them, 2 in conformity with individualguarantees enshrined in their domestic legislation.”Notes by the Secretariat2. At the fourth session <strong>of</strong> the Ad Hoc Committee, the majority <strong>of</strong> the delegationssuggested the deletion <strong>of</strong> the article. At the sixth session <strong>of</strong> the Ad Hoc Committee, severaldelegations opposed the deletion <strong>of</strong> the article in the restructured text proposed byBelgium, Poland and the United States (A/AC.254/5/Add.13). At the informal consultationsheld during the seventh session <strong>of</strong> the Ad Hoc Committee, discussion on <strong>this</strong> articlewas deferred pending the finalization <strong>of</strong> the articles dealing with confiscation (articles 7,7 bis and 7 ter) in the draft convention. At the ninth session <strong>of</strong> the Ad Hoc Committee,there was general agreement to delete article 5 bis, entitled “Seizure and confiscation <strong>of</strong>gains”. It was agreed that the seizure and forfeiture scheme in articles 7, 7 bis and 7 ter<strong>of</strong> the draft convention should apply, mutatis mutandis, to the protocol and that these draftprovisions covered most <strong>of</strong> the same content. It was decided not to retain text calling foruse <strong>of</strong> seized proceeds to defray the cost <strong>of</strong> assistance to victims because <strong>this</strong> was not consistentwith compromises reached in negotiating the scheme in the draft convention andbecause <strong>of</strong> the practical and legal implementation problems in many States.Cooperation with non-States partiesArgentina (A/AC.254/8)Negotiation textsFirst session: 19-29 January 1999“Article 6“Special aspects <strong>of</strong> international cooperation“States Parties shall cooperate with non-States parties in the prevention, suppressionand punishment <strong>of</strong> illicit international trafficking in women and children andin the protection and care <strong>of</strong> women and children victims <strong>of</strong> such unlawful acts.Accordingly, the competent authorities <strong>of</strong> States Parties shall be required to notifythe competent authorities <strong>of</strong> a non-State party <strong>of</strong> cases where, on their territory, thereis a child or woman who is a national <strong>of</strong> that non-State party and who has been avictim <strong>of</strong> trafficking in a State Party. States Parties shall inform the Secretary-General<strong>of</strong> the United Nations <strong>of</strong> the existence <strong>of</strong> non-governmental organizations devoted tothe prevention <strong>of</strong> the <strong>of</strong>fences covered by <strong>this</strong> Agreement, so that a database may beestablished for the purpose <strong>of</strong> permitting information exchange among these organizationsand States.”2At the fourth session <strong>of</strong> the Ad Hoc Committee, Colombia proposed that the phrase “where deemed appropriate byStates Parties and as agreed by them” should be deleted (see A/AC.254/5/Add.12).

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