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688 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeNotes by the Secretariat3. An additional provision on the protection <strong>of</strong> confidentiality was also discussedthroughout the negotiation process, as described below.Canada (A/AC.254/4/Add.2)First session: 19-29 January 1999“Article XVII“Confidentiality 13“Subject to the obligations imposed by its constitution or any international agreements,each State Party shall guarantee the confidentiality <strong>of</strong> any information that itreceives from another State Party, including proprietary information pertaining to commercialtransactions, if requested to do so by the State Party providing the information.If for legal reasons such confidentiality cannot be maintained, the State Partythat provided the information shall be notified prior to its disclosure.”Rolling text (A/AC.254/4/Add.2/Rev.1)“Option 1Third session: 28 April-3 May 1999“Article XVII“Confidentiality 13“Subject to the obligations imposed by its constitution or any international agreements,each State Party shall guarantee the confidentiality <strong>of</strong> any information that itreceives from another State Party [, including proprietary information pertaining tocommercial transactions,] 14 if requested to do so by the State Party providing theinformation. If for legal reasons such confidentiality cannot be maintained, the StateParty that provided the information shall be notified prior to its disclosure.“Option 2 10“States Parties shall guarantee the confidentiality <strong>of</strong> any information that theyreceive, if requested to do so by the State Party providing the information, when itsdisclosure could jeopardize an ongoing investigation pertaining to matters related to<strong>this</strong> Protocol. If for legal reasons such confidentiality cannot be maintained, the StateParty that provided the information shall be notified prior to its disclosure.”13Japan suggested that full consideration should be given to the protection <strong>of</strong> privacy and a civil servant’s obligationto preserve secrets, as provided for in related domestic law (see A/AC.254/5/Add.1 and Corr.1).14Deletion proposed by Mexico (see A/AC.254/5/Add.1 and Corr.1).

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