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Part One. Article 3 27“[2. This Convention shall not apply where the <strong>of</strong>fence is committed within asingle State, all members <strong>of</strong> the criminal group are nationals <strong>of</strong> that State and thevictims are nationals or entities <strong>of</strong> that State, except that the provisions <strong>of</strong> articlesconcerning judicial assistance may, as appropriate, apply where the <strong>of</strong>fence is seriousand <strong>of</strong> an organized nature.] 23“3. States Parties shall carry out their obligations under <strong>this</strong> Convention in amanner consistent with the principles <strong>of</strong> sovereign equality and territorial integrity <strong>of</strong>States and that <strong>of</strong> non-intervention in the domestic affairs <strong>of</strong> other States.“4. [Nothing in <strong>this</strong> Convention entitles a State Party to] 24 [A State Party shallnot] 25 undertake in the territory <strong>of</strong> another State the exercise <strong>of</strong> jurisdiction and performance<strong>of</strong> functions that are reserved exclusively for the authorities <strong>of</strong> that otherState by its domestic law.[Paragraphs moved]” 26Seventh session: 17-28 January 2000Notes by the Secretariat2. The <strong>version</strong> <strong>of</strong> article 2 contained in <strong>document</strong> A/AC.254/4/Rev.2 remainedunchanged in the intermediate drafts <strong>of</strong> the convention (A/AC.254/4/Revs.3-6).France (A/AC.254/L.132)“Article 2“Scope <strong>of</strong> application“1. The Convention shall, except as otherwise provided herein, apply to theprevention and suppression:“(a)Of serious crime, as defined in article 2 bis;23This paragraph was previously an option for paragraph 5 <strong>of</strong> <strong>this</strong> article. It was retained in brackets pending a decisionon the retention <strong>of</strong> the bracketed word “transnational” in paragraph 1. Mexico proposed the following formulation: “Thepresent Convention shall not apply if the <strong>of</strong>fence is committed within a single State, if all members <strong>of</strong> the criminal groupare nationals <strong>of</strong> or have substantial links with that State, if all victims are nationals or entities <strong>of</strong> that State and if the effects<strong>of</strong> the <strong>of</strong>fence are produced only in that State [with the proviso that the provisions <strong>of</strong> the articles concerning judicial assistancemay, as appropriate, apply where the <strong>of</strong>fence is serious and <strong>of</strong> an organized nature].” Mexico specified that the inclusion<strong>of</strong> the part <strong>of</strong> the sentence in brackets would depend on the definition <strong>of</strong> serious crime. Oman suggested that the words“all members <strong>of</strong> the criminal group” should be replaced with the words “all or one <strong>of</strong> the members <strong>of</strong> the criminal group”to ensure that the presence <strong>of</strong> a foreign element in the <strong>of</strong>fence would not constitute a transnational crime.24This language is derived from article 18 <strong>of</strong> the <strong>International</strong> Convention for the Suppression <strong>of</strong> Terrorist Bombings(General Assembly resolution 52/164, annex). One delegation suggested that article 19, paragraph 1, <strong>of</strong> the same Conventionmight also be relevant in <strong>this</strong> regard.25This language is derived from the United Nations Convention against Illicit Traffic in Narcotic Drugs andPsychotropic Substances <strong>of</strong> 1988.26Pursuant to a decision <strong>of</strong> the Ad Hoc Committee at its second session, the provision on the relationship betweenthe convention and the protocols thereto is dealt with in article 26 bis.

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