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8 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeGermany (A/AC.254/5) 1“Money-laundering“[E/CN.15/1998/11, annex III, appendix I, articles 4 and 4 bis]“‘Predicate <strong>of</strong>fence’ means any criminal <strong>of</strong>fence that under the law <strong>of</strong> a Party ispunishable by deprivation <strong>of</strong> liberty or imprisonment for a period <strong>of</strong> at least fouryears or was committed by a member <strong>of</strong> a criminal organization as defined by articleY as a result <strong>of</strong> which proceeds were generated that may become the subject <strong>of</strong>an <strong>of</strong>fence as defined in article 4 <strong>of</strong> <strong>this</strong> Convention.”United States <strong>of</strong> America (A/AC.254/5)“Article 2 bis“Definitions“For the purposes <strong>of</strong> <strong>this</strong> Convention:“1. ‘Organized criminal activity’ means [the commission <strong>of</strong>] serious crimeinvolving a group <strong>of</strong> [three] or more persons, [either for its own sake or] for any purposerelating, directly or indirectly, to the obtaining <strong>of</strong> a financial or other materialbenefit.“2. ‘Serious crime’ means conduct constituting a criminal <strong>of</strong>fence punishableby a maximum deprivation <strong>of</strong> liberty <strong>of</strong> at least [...] years, or more serious penalty.“(a) For the purpose <strong>of</strong> implementing articles [...] <strong>of</strong> <strong>this</strong> Convention [pertainingto criminalization under articles 3 and 4 and other domestic obligations], a StateParty shall consider <strong>this</strong> definition to refer to a criminal <strong>of</strong>fence under its laws.“(b) For the purpose <strong>of</strong> implementing articles [...] <strong>of</strong> <strong>this</strong> Convention [pertainingto international cooperation], a State Party may deny cooperation as to conductthat would not also constitute a serious crime under its laws.Rolling text (A/AC.254/4)“Article 2 bis“Use <strong>of</strong> terms“For the purposes <strong>of</strong> <strong>this</strong> Convention:“(a) ‘Proceeds <strong>of</strong> crime’ means any economic advantage from criminal <strong>of</strong>fences.It may consist <strong>of</strong> property <strong>of</strong> any description, whether corporeal or incorporeal, movableor immovable, and legal <strong>document</strong>s or instruments evidencing title to or interestin such property;“(b) ‘Predicate <strong>of</strong>fence’ means any crime or <strong>of</strong>fence as a result <strong>of</strong> which proceedswere generated that may become the subject <strong>of</strong> an <strong>of</strong>fence as defined in article4 <strong>of</strong> <strong>this</strong> Convention.”1See also the proposal <strong>of</strong> Germany concerning article X (Scope <strong>of</strong> the Convention), paragraph 2, under article 1 <strong>of</strong>the convention.

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