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Part Three. Article 6 479India (A/AC.254/L.58)India proposed the following amendments concerning article 4 (Criminalization).1. Replace paragraph 2 with the following:“2. States Parties that have not yet done so shall adopt such legislative or othermeasures as may be necessary to establish as a criminal <strong>of</strong>fence the following conduct:“(a) Intentionally making, procuring or providing a fraudulent travel or identity<strong>document</strong> for the purpose <strong>of</strong> smuggling migrants; or“(b) Causing a fraudulent travel or identity <strong>document</strong> to be used, possessed,dealt with or acted upon for the purpose <strong>of</strong> smuggling migrants.”2. Replace paragraph 3 with the following:“3. Each State Party shall also adopt such legislative or other measures as maybe necessary to establish as a criminal <strong>of</strong>fence the following conduct:“(a) Organizing, directing, aiding, abetting, facilitating or counselling the commission<strong>of</strong> an <strong>of</strong>fence set forth in paragraphs 1 and 2 <strong>of</strong> <strong>this</strong> article;“(b) Attempting to commit an <strong>of</strong>fence set forth in paragraphs 1 and 2 <strong>of</strong> <strong>this</strong>article;“(c) Participating as an accomplice in an <strong>of</strong>fence set forth in <strong>this</strong> article; or“(d) In any other way contributing to the commission <strong>of</strong> an <strong>of</strong>fence set forthin <strong>this</strong> article.”Canada (A/AC.254/L.59)Canada proposed the following revised <strong>version</strong> <strong>of</strong> paragraph 7 <strong>of</strong> article 4:“A person whose illegal entry [or residence] is procured, or intended to be procured,shall not be held responsible for an <strong>of</strong>fence established in accordance withparagraph 1 <strong>of</strong> <strong>this</strong> article on the basis <strong>of</strong> the mere fact <strong>of</strong> having been smuggled.Nothing in <strong>this</strong> paragraph shall prevent a State Party from prosecuting a person whoseconduct constitutes an <strong>of</strong>fence under any other provision <strong>of</strong> <strong>this</strong> Protocol or underthe domestic law <strong>of</strong> the State Party concerned.”Mexico (A/AC.254/L.61)“Article [...]“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 illegal trafficking in migrantswhen committed in the context <strong>of</strong> transnational organized crime.“2. States Parties that have not yet done so shall adopt the necessary legislationor other measures to consider the following activities as aggravating factors:

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