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56 Travaux préparatoires: United Nations Convention against Transnational Organized Crimeceeds <strong>of</strong> crime shall not be a defence to the <strong>of</strong>fences described in paragraph 1 <strong>of</strong> <strong>this</strong>article.] 32“4. Nothing contained in <strong>this</strong> article shall affect the principle that the description<strong>of</strong> the <strong>of</strong>fences to which it refers and <strong>of</strong> legal defences thereto is reserved to thedomestic law <strong>of</strong> a State Party and that such <strong>of</strong>fences shall be prosecuted and punishedin conformity with that law.”Seventh session: 17-28 January 2000Notes by the Secretariat3. Delegations based their comments on the text <strong>of</strong> article 4 <strong>of</strong> the revised draft conventioncontained in <strong>document</strong> A/AC.254/4/Rev.6, which was the same as that containedin <strong>document</strong> A/AC.254/4/Rev.5. In a statement submitted at the sixth session <strong>of</strong> the Ad HocCommittee (A/AC.254/L.115), the Russian Federation proposed the title “Criminalization<strong>of</strong> laundering <strong>of</strong> the proceeds <strong>of</strong> crime” for <strong>this</strong> article.Rolling text (A/AC.254/4/Rev.7)“Article 4 33“Criminalization <strong>of</strong> the laundering <strong>of</strong> proceeds <strong>of</strong> crime“1. Each State Party shall adopt, in conformity with its constitutional principles,such legislative and other measures as may be necessary to establish as criminal<strong>of</strong>fences under its domestic law, when committed intentionally:“(a) The con<strong>version</strong> or transfer <strong>of</strong> property, knowing that such property is theproceeds <strong>of</strong> crime, for the purpose <strong>of</strong> concealing or disguising 34 the illicit origin <strong>of</strong>the property or <strong>of</strong> helping any person who is involved in the commission <strong>of</strong> the predicate<strong>of</strong>fence to evade the legal consequences <strong>of</strong> his or her action;“(b) The concealment or disguise 35 <strong>of</strong> the true nature, source, location, disposition,movement or ownership <strong>of</strong> or rights with respect to property, knowing thatsuch property is the proceeds <strong>of</strong> crime;“and, subject to the basic concepts <strong>of</strong> its legal system:“(c) The acquisition, possession or use [disposal, administration, safe keeping,exchange, guaranteeing, investment, transfer or transport] <strong>of</strong> property, knowing, atthe time <strong>of</strong> receipt, that such property is the proceeds <strong>of</strong> crime;32Proposal submitted by the United States at the fifth session <strong>of</strong> the Ad Hoc Committee as a reformulation <strong>of</strong> subparagraph1 (e), which was deleted. The proposal was not discussed in detail at the fifth session <strong>of</strong> the Ad Hoc Committee.33The text <strong>of</strong> <strong>this</strong> article was revised pursuant to discussion at the informal consultations held during the seventh session<strong>of</strong> the Ad Hoc Committee. Except where indicated otherwise, <strong>this</strong> revised text was provisionally approved at the informalconsultations and recommended by the Chairmen <strong>of</strong> the informal consultations as the basis for consideration and approval<strong>of</strong> the article by the Ad Hoc Committee at its eighth session.34The words “concealing or disguising” should be understood to include preventing the discovery <strong>of</strong> the illicit origins<strong>of</strong> property.35Footnote 34 also applies to the words “concealment or disguise” contained in <strong>this</strong> subparagraph.

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