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80 Travaux préparatoires: United Nations Convention against Transnational Organized Crimeor entity, in exchange for acting or refraining from acting in the performance <strong>of</strong> hispublic duties or in the provision <strong>of</strong> a public service;“(b) The promise, <strong>of</strong>fering or giving, directly or indirectly, to a public <strong>of</strong>ficialor a person who provides a public service, <strong>of</strong> any article <strong>of</strong> monetary value or otherbenefits such as gifts, favours, promises or advantages for that public <strong>of</strong>ficial or foranother person or entity, in exchange for acting or refraining from acting in the performance<strong>of</strong> his public duties or in the provision <strong>of</strong> a public service;“(c) The acting or refraining from acting, by a public <strong>of</strong>ficial or a person whoprovides a public service, in the performance <strong>of</strong> his duties, for the purpose <strong>of</strong> unlawfullyobtaining benefits for himself or for a third party;“(d) The promise, <strong>of</strong>fering or giving, directly or indirectly, by its nationals, personshaving their habitual residence in its territory or businesses domiciled there, <strong>of</strong>any article <strong>of</strong> monetary value or other benefits such as gifts, favours, promises oradvantages, in exchange for the acting or refraining from acting by a public <strong>of</strong>ficial<strong>of</strong> another State or a person who provides a public service in another State, in theperformance <strong>of</strong> that <strong>of</strong>ficial’s public duties or provision <strong>of</strong> a public service, in connectionwith an economic or commercial transaction;“(e) The increase in the assets <strong>of</strong> a public <strong>of</strong>ficial or a person who provides apublic service when that person is unable to prove the legitimacy <strong>of</strong> that increase orthe lawful origin <strong>of</strong> the property in his or her name or in respect <strong>of</strong> which he or sheacts as owner;“(f) The fraudulent use or concealment <strong>of</strong> property derived from any <strong>of</strong> theacts referred to in <strong>this</strong> article; and“(g) The participation as an accomplice in any <strong>of</strong> the <strong>of</strong>fences established pursuantto <strong>this</strong> article.“3. Moreover, States Parties shall consider adopting such legislative and othermeasures as may be necessary to establish as criminal <strong>of</strong>fences other forms <strong>of</strong> corruptionwhen committed intentionally and involving an organized criminal group.“4. Subject to the legal principles <strong>of</strong> the State Party, the liability <strong>of</strong> legal personsmay be criminal, civil or administrative and such persons, if held liable, shallbe subject to effective, proportionate and dissuasive sanctions, including monetarysanctions.Report <strong>of</strong> the Chairman on the informal consultations (A/AC.254/L.120)“Introduction“1. Pursuant to its decision at its fifth session, held in Vienna from 4 to 15October 1999, the Ad Hoc Committee devoted part <strong>of</strong> the informal consultations atits sixth session to the consideration <strong>of</strong> articles 4 ter, 20, 22 and 22 bis <strong>of</strong> the reviseddraft United Nations Convention against Transnational Organized Crime.“2. Regarding article 4 ter, the participants at the informal consultations hadbefore them proposals made by Colombia (A/AC.254/L.100), Japan (A/AC.254/L.111)and the Russian Federation (A/AC.254/L.115). 18 Mexico also submitted a proposal18This proposal focused on rewording the title <strong>of</strong> article 4 ter as follows: “Criminalization <strong>of</strong> corruption”.

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