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Part One. Article 3 29Rolling text (A/AC.254/4/Rev.7)“Article 2“Scope of application 30,31“1. The Convention shall apply, except as otherwise provided herein, to theprevention, investigation and prosecution of:“(a)The offences established in accordance with articles 3, 4, 4 ter and 17 bis; and“(b) Serious offences involving an organized criminal group as defined inarticle 2 bis.“2. This Convention shall not apply, except as otherwise provided herein, whensuch an offence is committed within a single State, all members of the organizedcriminal group or, where no such group is involved, all alleged offenders are nationalsof that State and are present in that State, and no other State has a basis underarticle 9, paragraphs 1 and 2, to exercise jurisdiction.“3. States Parties shall carry out their obligations under this Convention in amanner consistent with the principles of sovereign equality and territorial integrity ofStates and that of non-intervention in the domestic affairs of other States. 32“4. Nothing in this Convention entitles a State Party to undertake in the territoryof another State the exercise of jurisdiction and performance of functions thatare reserved exclusively for the authorities of that other State by its domestic law.”Rolling text (A/AC.254/4/Rev.8)Eighth session: 21 February-3 March 2000“Article 2“Scope of application 33“1. The Convention shall apply, except as otherwise stated herein, to the prevention,investigation and prosecution of:30As decided by the Ad Hoc Committee at its seventh session, the order of articles 2 and 2 bis would be reversed inthe final text.31Paragraphs 1 and 2 of article 2 remained under review (see the report of the Ad Hoc Committee on its seventh session(A/AC.254/25)). In a statement made prior to the adoption of the report of the Ad Hoc Committee on its seventh session,the Group of 77 and China expressed their preference for the draft text of paragraphs 1 and 2 of article 2 as containedin A/AC.254/4/Rev.6. That text was as follows:“1. The Convention shall, except as otherwise provided herein, apply to the prevention, investigation and prosecutionof serious crime involving a [transnational] organized criminal group as defined in article 2 bis and the offences establishedin articles 3 and 4.“[2. This Convention shall not apply where the offence is committed within a single State, all members of the criminalgroup are nationals of that State and the victims are nationals or entities of that State, except that the provisions of articlesconcerning judicial assistance may, as appropriate, apply where the offence is serious and of an organized nature.]”32At the seventh session, Poland proposed that paragraphs 3 and 4 should be placed in a separate article.33Paragraphs 1 and 2 of article 2 remained under review. The present text of those paragraphs was submitted bySingapore at the eighth session of the Ad Hoc Committee (A/AC.254/L.152 and Corr.1) and was regarded as a basis forthe further consideration of paragraphs 1 and 2 of article 2. The Netherlands proposed that the text of subparagraph (b) ofparagraph 2 should be replaced with the following: “Its prevention, investigation or prosecution requires the cooperation ofat least two States Parties”. Some delegations were of the view that agreement on the establishment in article 2 of the conventionof a link between the offences established by the convention and the involvement of an organized criminal groupwould imply, as a matter of consequence, the deletion of the phrase “and involving an organized criminal group” from thecriminalization articles, especially articles 4 ter and 17 bis of the convention.