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20 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeUnited States of America (A/AC.254/5)“Article 2“Scope of application“This Convention shall, except as otherwise provided herein, apply to the prevention,investigation and prosecution of organized criminal activity as defined inarticle 2 bis and to the offences in articles 3 and 4.”Rolling text (A/AC.254/4)“Option 1“Article 2“Scope of application“1. States Parties commit themselves to cooperate to the widest extent possiblein combating transnational organized crime. For that purpose, the Convention shallapply to [the prevention, investigation and prosecution of] serious crime, which isdefined as any offence punishable [in the requesting State] by imprisonment or otherdeprivation of liberty of not less than [...] years. The seriousness of the offence mayalso be inferred from the involvement of a criminal organization in committing theoffence, the transnational effect of the offence or any other element typical of organizedcrime. 1“Option 2“1. The Convention shall apply to serious crime when the circumstances providereasonable grounds to believe that a criminal organization was involved in thecommission of an offence.“2. ‘Serious crime’ is defined as any offence punishable by imprisonment orother deprivation of liberty of a maximum of at least [...] years. 2“3. Among the circumstances that may be taken into account in decidingwhether there are reasonable grounds to believe that a criminal organization wasinvolved are the following:The nature of the offence;The transnational character of the offence;Whether money-laundering is involved; orWhether the offence required significant planning or means for its com-“(a)“(b)“(c)“(d)mission.1This option would include the insertion of an illustrative list of offences into the travaux préparatoires (see the attachmentin section D below). Furthermore, according to this option, the articles on, for example, extradition and mutual legalassistance could include, as grounds for refusal of assistance, “if, in view of the circumstances of the suspected offence, itevidently did not involve a criminal organization and acceding to the request would overburden the authorities of the requestedState”.2This option would include the insertion of an illustrative list of offences in the travaux préparatoires (see the attachmentin section D below).