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690 Travaux préparatoires: United Nations Convention against Transnational Organized Crimemation that it receives from another State Party, including proprietary informationpertaining to commercial transactions, if requested to do so by the State Party providingthe information. If for legal reasons 20 such confidentiality cannot be maintained,the State Party that provided the information shall be notified prior to itsdisclosure.” 21Notes by the Secretariat5. At the eleventh session <strong>of</strong> the Ad Hoc Committee, it was agreed that article 17should be moved, as amended, to become paragraph 5 <strong>of</strong> article 14 (Information) <strong>of</strong> thedraft protocol.20At the seventh session <strong>of</strong> the Ad Hoc Committee, Cameroon suggested that the word “legal” should be replacedwith the word “judicial”. Other delegations expressed concern that the term “judicial” was too narrow in scope. Australiaproposed that the words “for legal reasons” should be replaced with the words “as a result <strong>of</strong> obligations imposed by itsconstitution [, domestic] law or any international agreements”.21At the seventh session <strong>of</strong> the Ad Hoc Committee, China proposed that the text should require that the State party<strong>of</strong> whom the information was requested should be informed about whether confidentiality could be maintained before theinformation was provided. It proposed to replace the words “that provided the information be notified prior to its disclosure”with the words “is to provide the information shall be notified prior to its provision <strong>of</strong> the information”. In discussing<strong>this</strong> proposal, some delegations favoured requiring notification prior to providing the information, while others favoured notificationafter release but before disclosure <strong>of</strong> the information for legal reasons. Delegations were urged to consider <strong>this</strong> issuecarefully so that a compromise could be reached at the next session. As indicated above, Japan had suggested, at an earliersession, that full consideration should be given to the protection <strong>of</strong> privacy and a civil servant’s obligation to preservesecrets, as provided for in related domestic law (see A/AC.254/5/Add.1 and Corr.1).

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