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Part One. Article 5 41“Option 2 2“1. Each State Party shall establish as criminal offences the following conduct:“(a) Organizing, directing, aiding, abetting, facilitating or counselling the commissionof serious crime involving an organized criminal group; and“(b) Either or both of the following as criminal offences distinct from thoseinvolving the attempt or completion of the criminal activity:“(i) Agreeing with one or more other persons to commit a serious crime forany purpose relating directly or indirectly to the obtaining of a financial or othermaterial benefit and, where required by domestic law, involving an act undertakenby one of the participants in furtherance of the agreement;“(ii) Conduct by a person who intentionally, and with knowledge of either theaim and general criminal activity of an organized criminal group or its intentionto commit the crimes in question, takes active part in:“a. Activities of an organized criminal group referred to in article 2 bisof this Convention;“b. Other activities of the group in the knowledge that the person’s participationwill contribute to the achievement of the above-described criminalaim.“2. The knowledge, intent, aim, purpose or agreement referred to in paragraph1 of this article may be inferred from objective factual circumstances.”Rolling text (A/AC.254/4/Rev.2)Second session: 8-12 March 1999“Article 3 3“[Criminalization of] participation in an [organized criminal group] 4“1. Each State Party shall 5 establish as criminal offences 6 the followingconduct:2Option 2 was submitted by the United Kingdom of Great Britain and Northern Ireland (A/AC.254/L.4) during thefirst session of the Ad Hoc Committee. However, the content of the article was not discussed by the Ad Hoc Committeeat that session and the draft of option 2 was used as a working paper for comment during the second session of the AdHoc Committee.3Japan provided a written proposal on this article (A/AC.254/5/Add.4), which was supported by several delegations.The primary points of difference are noted in the text in brackets. The Chairman indicated that informal consultations wouldbe conducted on the possibility of integrating the proposal into the present text. Colombia submitted the following proposalfor the content of this article:“1. Each State Party shall establish as a crime or, if already established, shall punish with a more severe penalty theorganizing, directing, aiding, abetting, facilitating, counselling or instigating the commission of a serious crime in which anorganized group with a transnational character participates.“2. States Parties shall make punishable all forms of participation and criminal association for the crimes covered bythis Convention.“3. States Parties shall make punishable acts committed intentionally and acts that by their nature lend themselvesto serious negligence.”4Some delegations proposed the insertion of “transnational” into the title of this article.5Some delegations proposed the insertion of a reference to the establishment of the offences “in accordance with thefundamental legal principles of its domestic legal system”. This proposal was subsequently supported by the Syrian ArabRepublic (see A/AC.254/L.131) and Cameroon (see A/AC.254/L.134). Other delegations regarded this as unnecessary. Somedelegations proposed that a general paragraph applicable to all the articles in the convention should be drafted, noting thatall measures taken by the States parties should be in accordance with their fundamental legal principles.6Some delegations proposed that this criminalization obligation should extend to the setting of a punishment latitudethat took into consideration the seriousness of the offence.