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60 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(c) For the purposes <strong>of</strong> subparagraph (b), predicate <strong>of</strong>fences shall include<strong>of</strong>fences committed both within and outside the criminal jurisdiction <strong>of</strong> the State Partyin question. However, <strong>of</strong>fences committed outside the jurisdiction <strong>of</strong> a State Partyshall constitute predicate <strong>of</strong>fences, provided that the relevant conduct is a criminal<strong>of</strong>fence under the law <strong>of</strong> the State where it is committed and would be a criminal<strong>of</strong>fence under the law <strong>of</strong> the State Party implementing or applying <strong>this</strong> article had itbeen committed there; 43“(d) States Parties shall furnish copies or descriptions <strong>of</strong> their laws implementing<strong>this</strong> article to the Secretary-General <strong>of</strong> the United Nations;“(e) If required by the basic principles <strong>of</strong> a State Party’s penal law, then it maybe provided that the <strong>of</strong>fences set forth in paragraph 1 <strong>of</strong> <strong>this</strong> article do not apply tothe persons who committed the predicate <strong>of</strong>fence; 44“(f) Knowledge, intent or purpose required as an element <strong>of</strong> an <strong>of</strong>fence set forthin that paragraph may be inferred from objective factual circumstances.“[Old paragraphs 3 and 3 bis were deleted]“3. 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.”Notes by the Secretariat4. At its eighth session, the Ad Hoc Committee provisionally approved article 4(with the exception <strong>of</strong> subparagraph (c) <strong>of</strong> paragraph 2, which remained under review (seeA/AC.254/28, para. 12)). At its tenth session, the Ad Hoc Committee considered, finalizedand approved article 4, as amended. The last amendments are reflected in the finaltext <strong>of</strong> the convention, as included in the report <strong>of</strong> the Ad Hoc Committee (A/55/383, sect.IV, draft resolution, annex I), that was submitted to the General Assembly for adoptionpursuant to resolution 54/126 <strong>of</strong> 17 December 1999.43This subparagraph remained under review. At the eighth session <strong>of</strong> the Ad Hoc Committee, several delegationsexpressed concern about whether the current formulation <strong>of</strong> <strong>this</strong> subparagraph would meet the standards <strong>of</strong> clarity requiredfor an obligatory provision.44This subparagraph takes into account legal principles <strong>of</strong> several States where prosecution or punishment <strong>of</strong> the sameperson for both the predicate <strong>of</strong>fence and the money-laundering <strong>of</strong>fence is not permitted. Those States confirmed that theydid not refuse extradition, mutual legal assistance or cooperation for purposes <strong>of</strong> confiscation solely because the request wasbased on a money-laundering <strong>of</strong>fence the predicate <strong>of</strong>fence <strong>of</strong> which was committed by the same person.

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