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Part One. Article 10 93Fourth session: 28 June-9 July 1999Notes by the Secretariat1. The version of article 5 contained in A/AC.254/4/Rev.1 remained unchanged inthe intermediate drafts of the convention (A/AC.254/4/Revs.2 and 3).Rolling text (A/AC.254/4/Rev.4)“Article 5 6“Liability of legal persons 7“1. Each State Party shall take such measures as may be necessary, consistentwith its legal principles, 8 to establish the liability of legal persons for participation inserious crimes involving an organized criminal group and for the offences establishedin articles 3 and 4 of this Convention. 9“2. Subject to the legal principles of the State Party, the liability of legal personsmay be criminal, civil or administrative.“3. Such liability shall be incurred without prejudice to the criminal liabilityof the natural persons who have committed the offences.“4. Each State Party shall, in particular, ensure that legal persons held liablein accordance with this article are subject to effective, proportionate and dissuasivecriminal or non-criminal sanctions, including monetary sanctions.”Seventh session: 17-28 January 2000Notes by the Secretariat2. The version of article 5 contained in document A/AC.254/4/Rev.4 remainedunchanged in the intermediate drafts of the convention (A/AC.254/4/Revs.5 and 6).Rolling text (A/AC.254/4/Rev.7)“Article 5“Liability of legal persons“1. Each State Party shall take such measures as may be necessary, consistentwith its legal principles, to establish the liability of legal persons for participation in6The formulation of this article, subject to the footnotes to paragraph 1, received broad support at the fourth sessionof the Ad Hoc Committee.7New Zealand supported the reference to “legal” rather than to “corporate” persons (see A/AC.254/L.41).8Consistency in the wording of clauses referring to legal principles throughout the convention would need to beaddressed at a later stage.9The formulation in this paragraph should be consistent with the scope described in article 2, paragraph 1