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26 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“The text of paragraph 4 could be included, as an explanatory note to paragraph3, worded as follows:“4. For the purposes of this Convention, acts such as those noted in paragraph3 of this article shall be understood as offences penalized under criminal law, eventhough they may be defined with different designations in the domestic law of a StateParty.“New paragraph 5 reproduces option 2 of paragraph 5, amended to read as follows:“5. This Convention shall not apply where the offence is committed within asingle State, all members of the criminal group are nationals of that State and thevictims are nationals or entities of that State. However, in the case of organized crimewithin national confines, States may afford each other mutual judicial assistance andlaw enforcement cooperation taking this Convention as a framework.“6. (Former paragraph 6)“7. (Former paragraph 7)“8. The annexed Protocols form an integral part of and have equal force withthis Convention.“9. States Parties may apply the mechanisms for judicial and law enforcementassistance and cooperation provided for in this Convention to other bilateral or multilateralconventions or treaties, whenever they so agree.”Rolling text (A/AC.254/4/Rev.2)“Article 2“Scope of application 19“1. The Convention shall, except as otherwise provided herein, 20 apply to theprevention, 21 investigation and prosecution of serious crime involving a [transnational]organized criminal group as defined in article 2 bis and the offences establishedin articles 3 and 4. 2219At its second session, the Ad Hoc Committee decided to continue its work on the basis of the revised text of article2 (see A/AC.254/4/Rev.1). The Ad Hoc Committee decided that a provision originally to be found in this article on criteriafor deciding whether or not an offence was committed by an organized criminal group could be used as a point ofreference in reviewing, for example, article 14 (Mutual legal assistance). The Ad Hoc Committee also accepted a compromiseproposal by its Chairman that a list of offences, which could be either indicative or exhaustive, such as the list originallycontained in this article (provided in the attachment in section D below), could be included either in an annex to theconvention or in the travaux préparatoires. That list would, however, need to be supplemented with proposals from States(see the attachment in section D below and also the report of the Ad Hoc Committee on its second session (A/AC.254/11)).20One delegation noted that, in certain cases, owing to the fact that an investigation was at a preliminary stage, itmight not be possible for a requested State to establish with certainty that a particular offence was connected to organizedcrime. That should be taken into consideration in determining the scope of application of the various articles dealing withinternational cooperation, such as mutual legal assistance.21Oman was of the view that the word “prevention” should be deleted, as this article should deal only with the scopeof application of the convention. The same view was also expressed by Kuwait (see A/AC.254/L.12).22The Philippines proposed the following rewording of paragraph 1 of this article: “Except as otherwise provided herein,the Convention shall apply to the prevention, investigation and prosecution of transnational organized crime. For thispurpose, transnational organized crime refers to a serious crime that is committed by an organized criminal group and thathas an international dimension, such as, but not limited to, the following: (a) if the offence is committed within two or moreStates; or (b) if the members of the criminal group are nationals of two or more States; or (c) if the offence is committedin one State but the victim is a national or entity of another State; or (d) if the offence is committed in one State but planned,directed or controlled in another State”. The Philippines also proposed the deletion of paragraph 2 of this article as it wouldbe superseded by the revised paragraph 1.