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Article 5.Criminal liability of migrantsA. Negotiation textsAustria and Italy (A/AC.254/4/Add.1)“...First session: 19-29 January 1999“Article B“2. Any person whose illegal entry is procured or intended by such traffickingand transport shall not become punishable on account of such trafficking andtransport.”Mexico (A/AC.254/L.160)Eighth session: 21 February-3 March 2000“Article (...) 1“Safeguard“1. A migrant who is the subject of illegal trafficking and transport shall notbecome punishable under this Protocol [instrument].“2. The relatives of the migrant shall not become punishable for acts, committedby an organized criminal group of which the relative is not a member, whosepurpose is the illegal trafficking in and transporting of that migrant. 2“3. The relatives of the migrant shall not become punishable by reason of theprofits obtained by an organized criminal group from those relatives as a result ofthe illegal trafficking in and transporting of that migrant.”1This text previously appeared as article 2 in document A/AC.254/L.96.2Initially, criminal liability of migrants was dealt with in paragraph 7 of article 4 of the draft protocol. New text forthis provision was produced by a working group at the eighth session of the Ad Hoc Committee (see A/AC.254/L.193). Theworking group did not address the question of non-criminalization of the immediate members of the family of the migrantproposed by Mexico (see A/AC.254/L.160).475