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28 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(b) Of the <strong>of</strong>fences established in articles 4, 4 ter and 17 bis, where involvingan organized criminal group; and“(c) Of the <strong>of</strong>fence established in article 3.”Notes by the Secretariat3. At its seventh session, the Ad Hoc Committee provisionally approved paragraphs3 and 4 <strong>of</strong> article 2, as amended. However, the Ad Hoc Committee decided to keep paragraphs1 and 2 <strong>of</strong> article 2 under review and to revert to the text in the light <strong>of</strong> the results<strong>of</strong> future negotiations on other articles <strong>of</strong> the draft convention that might have a bearingon the scope <strong>of</strong> the instrument. The Ad Hoc Committee also decided to use as a basis forfurther consideration <strong>of</strong> those paragraphs the text proposed by the representative <strong>of</strong> theNetherlands, in her capacity as the coordinator <strong>of</strong> an informal working group set up to discussparagraphs 1 and 2 <strong>of</strong> article 2 at the request <strong>of</strong> the Chairman <strong>of</strong> the Ad HocCommittee. That text was as follows:Recommendations <strong>of</strong> the open-ended informal working group on article 2, paragraphs1 and 2, submitted at the request <strong>of</strong> the Chairman (A/AC.254/L.140)“Article 2“Scope <strong>of</strong> application“1. The Convention shall apply, except as otherwise stated therein, to the prevention,investigation and prosecution <strong>of</strong>:“(a)The <strong>of</strong>fences established in accordance with articles 3, 4, 4 ter and 17 bis; 27 and“(b) Serious <strong>of</strong>fences involving an organized criminal group as defined inarticle 2 bis.“2. The Convention shall not apply, except as otherwise provided therein, 28where such an <strong>of</strong>fence is committed within a single State, all participants <strong>of</strong> the organizedcriminal group or, where no such group is involved, all alleged <strong>of</strong>fenders arenationals <strong>of</strong> that State and are present in that State, and no State has a basis underarticle 9, paragraphs 1 and 2, 29 to exercise jurisdiction.”27On the understanding that:(a) In article 4 ter, paragraph 1, and in the chapeau <strong>of</strong> article 17 bis, the words “[and involving an organizedcriminal group]” will be deleted;(b) In the articles on cooperation, in particular articles 10 (Extradition) and 14 (Mutual legal assistance), it willbe stated that the obligation to apply the articles exists when the <strong>of</strong>fences as referred to in article 2, paragraph 1, are committedinvolving an organized criminal group; and(c) Furthermore, in the articles on cooperation, it will be stated that States may apply them even where thereis no involvement <strong>of</strong> a criminal group.28It could be advisable to try to have a more explicit text that specifies which <strong>of</strong> the provisions <strong>of</strong> the convention canapply to “domestic cases”.29Article 9, paragraph 1 (a) and (b), on territorial jurisdiction; and paragraph 2 (a), on the nationality or residency <strong>of</strong>the victim, (b), on the nationality or residency <strong>of</strong> the <strong>of</strong>fender and (c), concerning an <strong>of</strong>fence with a view to an <strong>of</strong>fencewithin the territory.

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