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10 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(b) ‘Serious crime’ means conduct constituting a criminal offence punishableby a maximum deprivation of liberty of at least [...] years or a more serious penalty; 5“(i) For the purpose of implementing articles [...] of this Convention [pertainingto criminalization under articles 3 and 4 and other domestic obligations], aState Party shall consider this definition to refer to a criminal offence under itslaws;“(ii) For the purpose of implementing articles [...] of this Convention [pertainingto international cooperation], a State Party may deny cooperation as to conductthat would not also constitute a serious crime under its laws;“(c) ‘Structured group’ means a group that is not randomly formed for theimmediate commission of a crime and that needs not have formally defined roles forits participants, the continuity of its membership or a developed structure;“(d) ‘Existing for a period of time’ means being of sufficient duration for theformation of an agreement or plan to commit a criminal act;“[(e) ‘Property’ means assets of every kind, whether corporeal or incorporeal,movable or immovable, tangible or intangible, and legal documents or instrumentsevidencing title to, or interest in, such property;“(f) ‘Proceeds of crime’ means any property derived from or obtained, directlyor indirectly, through the commission of any offence established in article(s) [...][alternatively: of an offence covered by this Convention]; 6“(g) ‘Freezing or seizure’ means the ordering by the competent authority of thetemporary prohibition of the transfer, conversion, exchange, disposal or realization ofproperty and the temporary custody or control thereof;“(h) ‘Confiscation’, which includes forfeiture where applicable, means the permanentdeprivation of property, proceeds or instrumentalities of an offence by orderof a court or other competent authority; 7“(i) ‘Predicate offence’ means any crime or offence as a result of which proceedswere generated that may become the subject of an offence as defined in article4 of this Convention;“(j) ‘Controlled delivery’ means the technique of allowing illicit or suspect consignments[of ...] to pass out of, through or into the territory of one or more countries,with the knowledge and under the supervision of their competent authorities,with a view to identifying persons involved in the commission of an offence establishedin article(s) [...] [alternatively: of an offence covered by this Convention].“(k) ‘Financial institution’ means any credit establishment, insurance and bondingcompany, general bonded warehouse, financial leasing company, savings and loaninstitution, finance company with limited objects, credit union, financial factoringcompany, stockbroking firm or other securities dealer, currency exchange bureau, pensionfund administrator or other financial or currency broker.]” 85Several delegations noted that establishment of seriousness on the basis of the length of possible sentence might leadto difficulties in practice, owing to differences in penal systems. One delegation noted that the issue of seriousness shouldbe decided in accordance with the domestic legislation of the two States concerned in a case.6As the scope of the convention was still subject to deliberation at the first session of the Ad Hoc Committee, throughoutthe present text the alternatives “an offence established in article(s) [...]” (which in document A/AC.254/4/Rev.1 wouldbe article 3, on participation in a criminal organization, and article 4, on money-laundering) and “an offence covered bythis Convention” (which would have a broader scope, as established by article 2) were provided, as appropriate.7Subparagraphs (e)-(h) were submitted by Colombia (see A/AC.254/L.2). The draft definitions submitted by Colombiawere amended to reflect the definitions used in the 1988 Convention, with the words “proceeds or instrumentalities of anoffence” added to the definition of “confiscation”, as proposed by Colombia.8The definition of “financial institution” is based on a proposal submitted by Mexico (see A/AC.254/L.7). It was notdiscussed by the Ad Hoc Committee at its first session.