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636 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“[(d) Importing, exporting and manufacturing of any explosive bomb, incendiarybomb, gas bomb, grenade, rocket, rocket launcher, missile system or mine withouta licence or authorization from a competent authority of the State Party;] 27 and“(e) [Illicitly] obliterating, removing or altering the serial number on a firearm[those markings of a firearm required by article 9 of this Protocol] 28 [without lawful29, 30authority].“[2. Subject to the respective constitutional principles and basic concepts of thelegal systems of the States Parties, the criminal offences established pursuant to paragraph1 of this article shall include participation in, association or conspiracy to commitsuch offences, attempts to commit such offences and aiding, abetting, facilitating[and counselling] the commission of said offences.]“[3. States 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.]”Japan (A/AC.254/L.265)Eleventh session: 2-28 October 2000Japan proposed to amend paragraph 2 of article 5 (Criminalization) to read asfollows:“2. Subject to the basic concepts of its legal system, each State Party shallalso adopt such legislative and other measures as may be necessary to establish ascriminal offences under its domestic law the following conduct:27This proposal was made by Norway at the fifth session of the Ad Hoc Committee. At the informal consultationsheld during the eighth session of the Ad Hoc Committee, Norway presented the proposal as a compromise between thosewho opposed dealing with other devices as impracticable and beyond the mandate of the Ad Hoc Committee and those whosupported controls on the ground that such devices were often trafficked and sometimes used by transnational organizedcriminal groups (see also above, concerning article 3 (Use of terms) of the present protocol). It was noted that, while manydelegations support the proposed compromise, there was still no consensus and further discussion was deferred.28This was alternative text for the words “serial number” proposed by Switzerland at the informal consultations heldduring the eighth session of the Ad Hoc Committee. Some delegations supported it on the ground that it would encompassnew marking technologies that might be developed in the future. Other delegations preferred the term “serial number”, asthis was the minimum marking needed for tracing and a cross-reference to the full requirements of article 9 might makeimplementation more difficult.29At the informal consultations held during the eighth session of the Ad Hoc Committee, China proposed adding theword “illicit” at the beginning of this provision, while the United Kingdom proposed adding the words “without lawfulauthority” at the end. Both expressed the view that there was a need to take account of cases where serial numbers mightneed to be altered for legitimate reasons; several other delegations expressed support for this position. Some delegationsexpressed concern about the breadth of any possible exception to the marking requirement and the implications for tracing,however, and it was decided to recommend that the two options should be kept in square brackets for further consideration.Pakistan requested that the record should note that time did not permit the conclusion of discussion on this paragraph.30Some delegations attending the informal consultations held during the eighth session of the Ad Hoc Committeerequested that note should be taken at this point of several proposals for further criminalization requirements, which, ifadopted, would be inserted at this point in the text. These included the following:(a) An offence of brokering without licence or registration, proposed by the United Kingdom and the United States(see A/AC.254/L.150);(b) Offences relating to fraudulent licensing or authorization documents, proposed by Norway (seeA/AC.254/5/Add.22);(c) Offences relating to the purchase of illicit firearms, proposed by Colombia (see A/AC.254/5/Add.22);(d) Offences relating to the organization, management or financing of illicit activities under the protocol, proposedby Colombia (see A/AC.254/5/Add.22).