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632 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(a) Illicit trafficking in firearms, ammunition[, explosives] 3 and other relatedmaterials; and“(b) Illicit manufacturing of firearms, ammunition[, explosives] 3 and otherrelated materials. 5“[(c) [Illicit] detention and use of [illicitly trafficked or manufactured] firearms,ammunition and other related materials.] 6“[2. Subject to the respective constitutional principles and basic concepts of thelegal systems of the States Parties, 7 the criminal offences established pursuant to theparagraph 1 of this article shall include participation in, association or conspiracy tocommit such offences, attempts to commit such offences and aiding, abetting, facilitating[and counselling] 8 the commission of said offences.] 9“[3. State Parties that have not yet already done so shall adopt the necessarylegislative or other measures to sanction criminally, civilly or administratively undertheir domestic law the violation of arms embargoes mandated by the SecurityCouncil.]” 10Notes by the Secretariat1. At the third session of the Ad Hoc Committee, France submitted a proposal (seeA/AC.254/L.21) to add the phrase “and in connection with a criminal organization” at theend of paragraph 1.Fifth session: 4-15 October 1999Notes by the Secretariat2. Delegations based their comments on the text of article 5 of the revised draft protocolcontained in document A/AC.254/4/Add.2/Rev.2, which was the same as that containedin document A/AC.254/4/Add.2/Rev.1, except that the phrase “and in connectionwith a criminal organization” was added in square brackets at the end of paragraph 1 (seenote 1 by the Secretariat above).5The United Kingdom suggested giving consideration to establishing a new offence to cover the “brokering” ofillicit firearm deals abroad by citizens operating from within their own countries (see A/AC.254/5/Add.1 and Corr.1). Japansuggested the criminalization of offences involving the offering of funds and transportation for illicit manufacturing and trafficking,in the absence of a conspiracy provision (see A/AC.254/5/Add.1 and Corr.1), and proposed that there should be aprovision in this article that would encourage State parties to reduce or exempt from penalty in the case of voluntary surrenderto the authorities for the collection of illicit firearms (see A/AC.254/5/Add.1 and Corr.1).6Addition proposed by France, with reservations on the language in the inner square brackets.7Croatia proposed that the wording “subject to the respective constitutional principles and basic concepts of the legalsystems of the State Parties” could be substituted by similar wording to that of article 1 (option 1) of the convention.8Deletion proposed by Pakistan.9Croatia proposed the deletion of this paragraph since the contents of the paragraph were already included in the convention.That proposal was supported by Paraguay. The Netherlands suggested that the same wording as that of article 3 ofthe convention would be preferable.10Addition proposed by the United States (see A/AC.254/5/Add.1 and Corr.1), supported by the Netherlands and SouthAfrica (see A/AC.254/5/Add.5).