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84 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRolling text (A/AC.254/4/Rev.7)Seventh session: 17-28 January 2000“Article 4 ter 29“Criminalization of corruption“1. Each State Party shall adopt such legislative and other measures as maybe necessary to establish as criminal offences the following conduct, when committedintentionally [and involving an organized criminal group]: 30“(a) The promise, offering or giving to a public official, directly or indirectly,of an undue advantage, for the official himself or another person or entity, in orderthat the official act or refrain from acting in the exercise of his official duties;“(b) The solicitation or acceptance by a public official, directly or indirectly,of an undue advantage, for the official himself or another person or entity, in orderthat the official act or refrain from acting in the exercise of his official duties. 31“[2. Each State Party shall consider adopting such legislative and other measuresas may be necessary to establish as criminal offences conduct referred to in paragraph1 of this article involving a foreign public official or international civil servant.]“3. Each State Party shall also take such measures as may be necessary toestablish as criminal offences the participation as an accomplice in an offence establishedin accordance with this article.“4. Each State Party shall consider adopting such legislative and other measuresas may be necessary to establish as criminal offences other forms of corruption,when committed intentionally [and involving an organized criminal group]. 32“5. For the purposes of paragraphs [...] of this article and article 4 quater, apublic official shall be a public official or a person who provides a public service asdefined in the domestic law and as applied in the criminal law of the State in whichthe person in question performs that function.”29The text of this article was revised pursuant to discussion at the informal consultations held during the seventh sessionof the Ad Hoc Committee. Except where indicated otherwise, this revised text was provisionally approved at the informalconsultations and recommended by the Chairmen of the informal consultations as the basis for consideration and approvalof the article by the Ad Hoc Committee at its eighth session.30At the informal consultations held during the seventh session of the Ad Hoc Committee, many delegations were infavour of deleting the phrase in square brackets. Other delegations supported its retention. The matter would remain underreview, pending the consideration of article 2 of the convention.31As indicated above, at the sixth session of the Ad Hoc Committee, one delegation was of the opinion that, in subparagraphs(a) and (b), the purpose for which a person could offer an undue advantage to a public official should be inorder to obtain an undue advantage from the official concerned. At the informal consultations held during the seventh sessionof the Ad Hoc Committee, China reiterated its support for this position. The Chairman requested China to submit aconcrete proposal at the eighth session of the Ad Hoc Committee that would reflect its concerns while meeting the concernsof all other delegations.32As indicated above, at the sixth session of the Ad Hoc Committee, the discussion of this paragraph was deferreduntil such time as a decision had been reached on the drafting of a separate legal instrument against corruption. At the informalconsultations held during the seventh session of the Ad Hoc Committee, it was agreed to consider the text of this paragraphin connection with paragraph 2.