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638 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeNotes by the Secretariat4. At its twelfth session, the Ad Hoc Committee finalized and approved article 5 <strong>of</strong>the draft protocol, as amended. Paragraph 1 (c) was deleted. The last amendments arereflected in the final text <strong>of</strong> the protocol, as included in the report <strong>of</strong> the Ad Hoc Committee(A/55/383/Add.2, sect. III, draft resolution, annex), that was submitted to the GeneralAssembly for adoption pursuant to resolutions 54/126 <strong>of</strong> 17 December 1999 and 55/25 <strong>of</strong>15 November 2000.B. Approved text adopted by the General Assembly(see resolution 55/255, annex)Article 5Criminalization1. Each State Party shall adopt such legislative and other measures asmay be necessary to establish as criminal <strong>of</strong>fences the following conduct, whencommitted intentionally:(a) Illicit manufacturing <strong>of</strong> firearms, their parts and components andammunition;(b) Illicit trafficking in firearms, their parts and components and ammunition;(c) Falsifying or illicitly obliterating, removing or altering the marking(s)on firearms required by article 8 <strong>of</strong> <strong>this</strong> Protocol.2. Each State Party shall also adopt such legislative and other measuresas may be necessary to establish as criminal <strong>of</strong>fences the following conduct:(a) Subject to the basic concepts <strong>of</strong> its legal system, attempting to commitor participating as an accomplice in an <strong>of</strong>fence established in accordance withparagraph 1 <strong>of</strong> <strong>this</strong> article; and(b) Organizing, directing, aiding, abetting, facilitating or counselling thecommission <strong>of</strong> an <strong>of</strong>fence established in accordance with paragraph 1 <strong>of</strong> <strong>this</strong> article.C. Interpretative notesThe interpretative notes on article 5 <strong>of</strong> the protocol approved by the Ad HocCommittee and contained in its report on the work <strong>of</strong> its twelfth session (seeA/55/383/Add.3, paras. 5 and 6) are as follows:Paragraph 2(a) The “other measures” mentioned here are additional to legislativemeasures and presuppose the existence <strong>of</strong> a law.(b) References to attempting to commit the <strong>of</strong>fences established underdomestic law in accordance with <strong>this</strong> paragraph are understood in some countriesto include both acts perpetrated in preparation for a criminal <strong>of</strong>fence and thosecarried out in an unsuccessful attempt to commit the <strong>of</strong>fence, where those actsare also culpable or punishable under domestic law.

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