A/AC.291/L.15
2.
Where a State Party, owing to the principles of its domestic legal system, cannot
adopt the measures referred to in paragraph 1 (a) of this article, it may instead adopt
such legislative and other measures as may be necessary to ensure the real -time
collection or recording of traffic data associated with specified communications
transmitted in its territory, through the application of technical means in that territory.
3.
Each State Party shall adopt such legislative and other measures as may be
necessary to oblige a service provider to keep confidential the fact of the execution
of any power provided for in this article and any information relating to it.
Article 30. Interception of content data
[agreed ad referendum]
1.
Each State Party shall adopt such legislative and other measures as may be
necessary, in relation to a range of serious criminal offences to be determined by
domestic law, to empower its competent authorities to:
(a) Collect or record, through the application of technical means in the
territory of that State Party; and
(b)
Compel a service provider, within its existing technical capability:
(i) To collect or record, through the application of technical means in the
territory of that State Party; or
(ii) To cooperate and assist the competent authorities in the collection or
recording of;
content data, in real time, of specified communications in its territory transmitted by
means of an information and communications technology system.
2.
Where a State Party, owing to the principles of its domestic legal system, cannot
adopt the measures referred to in paragraph 1 (a) of this article, it may instead adopt
such legislative and other measures as may be necessary to ensure the real -time
collection or recording of content data on specified communications in its territory,
through the application of technical means in that territory.
3.
Each State Party shall adopt such legislative and other measures as may be
necessary to oblige a service provider to keep confidential the fact of the execution
of any power provided for in this article and any information relating to it.
Article 31. Freezing, seizure and confiscation of the proceeds of crime
[agreed ad referendum]
1.
Each State Party shall adopt, to the greatest extent possible within its domestic
legal system, such measures as may be necessary to enable the confiscation of:
(a) Proceeds of crime derived from offences established in accordance with
this Convention or property the value of which corresponds to that of such proceeds;
(b) Property, equipment or other instrumentalities used in or destined for use
in offences established in accordance with this Convention.
2.
Each State Party shall adopt such measures as may be necessary to enable the
identification, tracing, freezing or seizure of any item referred to in paragraph 1 of
this article for the purpose of eventual confiscation.
3.
Each State Party shall adopt, in accordance with its domestic law, such
legislative and other measures as may be necessary to regulate the administration by
the competent authorities of frozen, seized or confiscated property covered in
paragraphs 1 and 2 of this article.
4.
If proceeds of crime have been transformed or converted, in part or in full, into
other property, such property shall be liable to the measures referred to in this article
instead of the proceeds.
V.24-14137
15/41