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82 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“Paragraph 4“10. It was agreed that it would be best to postpone consideration <strong>of</strong> paragraph4 until the outcome <strong>of</strong> the consideration <strong>of</strong> article 3 <strong>of</strong> the draft convention was clear.“Paragraph 4 bis“11. On paragraph 4 bis, it was felt that the text should be placed in squarebrackets until the Ad Hoc Committee had reached a decision on the possible separateinstrument against corruption, pursuant to action to be taken by the GeneralAssembly on the draft resolution contained in <strong>document</strong> A/C.3/54/L.6.“Paragraph 5“12. It was agreed that placement <strong>of</strong> paragraph 5 should be decided upon, as itdealt with issues that were not directly related to criminalization. Regarding paragraph5 (b), the United States undertook to propose a formulation that would meetall concerns.“Paragraph 6“13. Discussion on paragraph 6 was based on the proposal submitted by Japan(A/AC.254/L.111). It was felt that agreement might lie in trying to achieve a broaddefinition, while maintaining a key role for domestic law.”South Africa (A/AC.254/L.121)South Africa proposed that the following new paragraph should follow paragraph2 <strong>of</strong> article 4 ter:“[...] For the purpose <strong>of</strong> implementing or applying paragraph 2 <strong>of</strong> <strong>this</strong> article,knowledge or intent as an element <strong>of</strong> an <strong>of</strong>fence set forth in that paragraph may beinferred from objective factual circumstances.”United States <strong>of</strong> America (A/AC.254/L.125) [See also article 9 <strong>of</strong> the Convention]The United States proposed that paragraph 5 <strong>of</strong> article 4 ter should be deleted andreplaced with the following new article:“Article [...]“Other measures against corruption“1. In addition to the measures set forth in article 4 ter <strong>of</strong> <strong>this</strong> Convention,each State Party shall, to the extent appropriate and consistent with its legal system,adopt legislative, administrative or other effective measures to promote integrity andto prevent, detect and punish corruption <strong>of</strong> public <strong>of</strong>ficials.“2. Each State Party shall take measures to ensure effective action by its authoritiesin the prevention, detection and punishment <strong>of</strong> corruption <strong>of</strong> public <strong>of</strong>ficials,including by providing such authorities with sufficient independence to deter inappropriateinfluence on their actions.”

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