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Part Four. Article 5 633United States of America (A/AC.254/L.84)The United States proposed adding the following language to the end of paragraph1 of article V (Criminalization):“(d) Acting on behalf of others, in return for a fee or other consideration, innegotiating or arranging transactions involving the international export or import offirearms, their parts or components, or ammunition without registering and obtaininga licence or other written authorization in accordance with the requirements of articleXVIII bis of this Protocol.”Japan (A/AC.254/L.94)Japan proposed amending paragraph 1 of article V (Criminalization), to read asfollows:“1. Each State Party shall adopt such legislative or other measures as may benecessary to establish, as an offence under its domestic law, when committed unlawfullyand intentionally, the conduct defined as ‘serious crime’ in article 2 bis, subparagraph(b), of the Convention.”Japan also proposed inserting a new paragraph after paragraph 2 of article V,to read as follows:“State Parties that have not yet done so shall consider adopting the necessarylegislative or other measures under their domestic laws to remit or reduce the penaltyfor persons who have committed a criminal offence established in this article ifthose persons have voluntarily surrendered to the authorities for the purpose of facilitatingthe collection of illicit firearms.”Rolling text (A/AC.254/4/Add.2/Rev.3)“Article 5“Criminalization“1. Each State Party shall adopt such legislative [and,] or other measures asmay be necessary to establish as [criminal] offences [‘serious crimes’ as defined inarticle 2 bis, paragraph (b), of the Convention] 11 under its domestic law [, when committedintentionally] 12 [and in connection with a criminal organization]: 1311At the fifth session of the Ad Hoc Committee, Japan proposed that wording should be added here that would ensurethat domestic offences established pursuant to this article would also be considered “serious crimes” according to the definitionof that term in article 2 bis, paragraph (b), of the draft convention (see article 2 of the convention in part one).12At the fifth session of the Ad Hoc Committee, a number of delegations supported the deletion of these words onthe grounds that the mental element of crime was generally a matter for domestic law and that requiring intentional commissionin an international instrument was unnecessarily restrictive.13As indicated above, this addition was proposed by France (see A/AC.254/L.21). At the fifth session of the Ad HocCommittee, a number of delegations supported the deletion of this text on the grounds that it was unnecessarily restrictive. TheIslamic Republic of Iran proposed that the requirement should be strengthened by requiring connection to a “transnational” criminalorganization. The Syrian Arab Republic proposed that the requirement should be expanded to include both connection witha criminal organization and the commission of some element of a transnational criminal offence in one of the States involved.