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42 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(a) Organizing, directing, aiding, abetting, facilitating or counselling the commissionof serious crime 7 involving an organized criminal group; 8 and [, subject tothe fundamental principles of its domestic legal system,] 9“(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 10 a serious crime[involving an organized criminal group] 11 for any purpose relating directly orindirectly to the obtaining of a financial or other material benefit 12 and, whererequired by domestic law, involving an act undertaken by one of the participantsin 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 13 the crimes in question, takes active part in:“a. Criminal activities of an organized criminal group referred to inarticle 2 bis of this Convention; 14“b. Other activities of the group in the knowledge that the person’sparticipation will contribute to the achievement of the above-describedcriminal aim;“[(iii) Participation in acts of an organized criminal group that has the aim ofcommitting a serious crime, in the knowledge that the person’s participation willcontribute to the achievement of the crime.] 15“2. The knowledge, intent, aim, purpose or agreement referred to in paragraph1 of this article may be inferred from objective factual circumstances.” 16Seventh session: 17-28 January 2000Notes by the Secretariat1. The version of article 3 contained in document A/AC.254/4/Rev.2 remainedunchanged in the intermediate drafts of the convention (A/AC.254/4/Revs.3-6).7Some delegations proposed that both subparagraphs 1 (a) and (b) should refer to serious offences “covered by thepresent Convention”. One delegation proposed that the article should apply only to deliberate offences and not to offencescommitted through negligence.8One delegation noted that organizing, abetting and so on were forms of participation in an offence and were generallynot regarded as criminal offences in themselves.9Proposal of Japan (see A/AC.254/5/Add.4).10One delegation proposed that the word “commit” should be replaced with the words “plan or commit”.11Proposal of Japan (see A/AC.254/5/Add.4).12Some delegations noted also in this connection that the phrase “financial or other material benefit” was too limited.Two delegations proposed to insert the words “or to any other purpose” (see, for example, the statement submitted by theUnited Arab Emirates (A/AC.254/L.19)).13One delegation proposed that the word “commit” should be replaced with the words “plan or commit”.14One delegation proposed that the phrase “referred to in article 2 bis of this Convention” should be deleted as unnecessary.15Proposal of Japan (see A/AC.254/5/Add.4).16One delegation proposed that this paragraph should be deleted, on the ground that its substance fell within thepurview of the courts. Another delegation proposed that this paragraph should be moved to article 6.