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476 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRolling text (A/AC.254/4/Add.1/Rev.5)“Article 3 bis“Criminal liability of migrants“Migrants shall not become liable to criminal prosecution under this Protocol forthe fact of having been smuggled. 3 ”Notes by the Secretariat1. At its eleventh session, the Ad Hoc Committee considered, finalized and approvedarticle 3 bis, as amended. The last amendments are reflected in the final text of the protocol,as included in the report of the Ad Hoc Committee (A/55/383, sect. IV, draft resolution,annex III), that was submitted to the General Assembly for adoption pursuant toresolution 54/126 of 17 December 1999.2. It should be noted that the representative of Azerbaijan requested that the report ofthe Ad Hoc Committee on its eleventh session should indicate that his country reserved itsright to make an interpretative statement or reservation regarding article 5 of the protocol.B. Approved text adopted by the General Assembly(see resolution 55/25, annex III)Article 5Criminal liability of migrantsMigrants shall not become liable to criminal prosecution under this Protocolfor the fact of having been the object of conduct set forth in article 6 of thisProtocol.3The reference to the conduct to be criminalized would depend on the choice to be made regarding the content ofarticle 2.