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464 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRolling text (A/AC.254/4/Add.1/Rev.1)Fourth session: 28 June-9 July 1999“Article 2 1“Definitions“1. For the purposes of this Protocol, the following definitions shall apply:“(a) ‘Smuggling of migrants’ shall mean the intentional procurement 2 for profit3 of the illegal entry of a person into and/or illegal residence 4 of a person in a Stateof which the person is not a national or a permanent resident; 5“(b) ‘Illegal entry’ shall mean the crossing of borders without complying withthe necessary requirements for legal entry into the receiving State;“(c) ‘Illegal residence’ shall mean residence in the territory of a State withoutcomplying with the necessary requirements for legal residence in the State concerned; 6“(d) ‘Profit’ shall mean any property, benefit or advantage obtained directly orindirectly 7 as a result of the smuggling of a migrant, 8 including the expectation of orfuture participation in criminal 9 10, 11activities by the migrant;“(e) ‘Fraudulent travel or identity document’ 12 shall mean any travel or identitydocument:“(i) That has been made, falsified or altered in some material way byanyone other than a person or agency lawfully authorized to make or issuethe travel or identity document on behalf of a State; or1It was considered that the articles on definition (article 2) and purpose (article 3) would need to be reviewed in thelight of choices made with regard to options that appeared later in the text. In addition, those articles would need to bereviewed to ensure their consistency with the convention.2One delegation considered the concept of “procurement of illegal entry” to be problematic. In the view of that delegation,it would be better to make reference to complicity in and aiding and abetting the violation of national migrationlaws. At the fourth session of the Ad Hoc Committee, one delegation suggested that the words “intentional procurement”should be replaced with the words “intentional and repeated procurement” or, alternatively, by “intentional and organizedprocurement”. However, other delegations opposed that suggestion.3At the fourth session of the Ad Hoc Committee, some delegations suggested deletion of the word “profit”, whileother delegations favoured its retention. One delegation suggested replacement of the word “profit” with the words “proceedsof crime”.4At the fourth session of the Ad Hoc Committee, some delegations suggested deletion of the words “illegal residence”,while others supported their retention.5At the fourth session of the Ad Hoc Committee, one delegation suggested deletion of the words “of a person in aState of which the person is not a national or a permanent resident”.6At the fourth session of the Ad Hoc Committee, some delegations suggested deletion of this subparagraph if thewords “illegal residence” were deleted from subparagraph (a) above.7At the fourth session of the Ad Hoc Committee, one delegation suggested deletion of the remainder of the subparagraphafter the word “indirectly”.8At the fourth session of the Ad Hoc Committee, the deletion of the words “as a result of the smuggling of a migrant”was suggested.9At the fourth session of the Ad Hoc Committee, some delegations suggested replacement of the word “criminal” withthe word “illegal”.10At the fourth session of the Ad Hoc Committee, several delegations suggested that the definition of “profit” shouldreflect the discussions of the Ad Hoc Committee on article 2 bis of the convention regarding financial or other materialbenefit.11At the fourth session of the Ad Hoc Committee, some delegations suggested deletion of the words “including theexpectation of or future participation in criminal activities by the migrant” (see, for example, the proposal submitted by theSyrian Arab Republic, contained in document A/AC.254/L.46).12At the fourth session of the Ad Hoc Committee, some delegations suggested that the draft protocol should not containdefinitions of fraudulent travel or identity documents.