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Part One. Article 8 85Rolling text (A/AC.254/4/Rev.8)Eighth session: 21 February-3 March 2000“Article 4 ter“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: 33“(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.“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.Likewise, each State Party shall consider establishing as criminal offences other formsof corruption.“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.“[Old paragraph 4 was deleted]“4. For the purposes of paragraph 1 of this article and article 4 quater, ‘publicofficial’ shall mean 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.”Notes by the Secretariat6. At its tenth session, the Ad Hoc Committee considered, finalized and approvedarticle 4 ter, as amended. The last amendments are reflected in the final text of the convention,as included in the report of the Ad Hoc Committee (A/55/383, sect. IV, draft resolution,annex. I), that was submitted to the General Assembly for adoption pursuant toresolution 54/126 of 17 December 1999.33At its eighth session, the Ad Hoc Committee provisionally approved article 4 ter and decided that the question ofwhether to include at the end of this paragraph the words “and involving an organized criminal group” would remain underreview, pending the consideration of article 2 of the convention (see also A/AC.254/28, para. 12).