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Article 6.CriminalizationA. Negotiation textsAustria and Italy (A/AC.254/4/Add.1)First session: 19-29 January 1999“Chapter I.General provisions“Article A“Any person who intentionally procures, for his or her pr<strong>of</strong>it, repeatedly and inan organized manner, the illegal entry <strong>of</strong> a person into another State <strong>of</strong> which thelatter person is not a national or not a permanent resident commits the <strong>of</strong>fence <strong>of</strong>‘illegal trafficking and transport <strong>of</strong> migrants’ within the meaning <strong>of</strong> <strong>this</strong> Protocol.“Article B“1. Any person who attempts to commit or who commits an act constitutingparticipation as an accomplice in any such trafficking and transport, in an attempt tocommit such trafficking and transport or in organizing or ordering others to commitsuch trafficking and transport likewise commits an <strong>of</strong>fence within the meaning <strong>of</strong> <strong>this</strong>Protocol.“...”Rolling text (A/AC.254/4/Add.1/Rev.1)Fourth session: 28 June-9 July 1999“Article 4“Criminalization“1. States Parties that have not yet done so shall adopt the necessary legislationor other measures to establish as a criminal <strong>of</strong>fence the smuggling <strong>of</strong> migrants 11One delegation suggested that not only individuals but also legal entities (legal persons) should be covered because<strong>of</strong> the potential involvement <strong>of</strong> travel companies or corporations.477

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