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Part One. Article 6 57“(d) Participation in, association with or conspiracy to commit, attempts to commitand aiding, abetting, facilitating and counselling the commission of any of theoffences established in accordance with this article.“[1 bis. States Parties shall ensure that their domestic laws on implementingthis article apply to the proceeds of those crimes associated with organized criminalgroups and also to the proceeds of other serious crimes. States Parties shall, at thetime of signature, ratification, acceptance or approval of or accession to theConvention, by declaration addressed to the Secretary-General of the United Nations,specify the scope of the crimes covered. States Parties shall periodically review theirdomestic laws on implementing this article to ensure that they apply to an appropriatelybroad range of offences and shall, if appropriate, subsequently revise their declaration.]36“2. For the purposes of implementing or applying paragraph 1 of thisarticle:“(a) It shall not matter whether the predicate offence was subject to the criminaljurisdiction of the State Party, provided that it is punishable under the domesticlaw of the State where the offence was committed;“(b) Knowledge, intent or purpose required as an element of an offence set forthin paragraph 1 may be inferred from objective factual circumstances;“(c) It may be provided that the offences set forth in paragraph 1 do not applyto the persons who committed the predicate offence. 37[Old paragraphs 3 and 3 bis were deleted] 38“3. Nothing contained in this article shall affect the principle that the descriptionof the offences to which it refers and of legal defences thereto is reserved to thedomestic law of a State Party and that such offences shall be prosecuted and punishedin conformity with that law.” 39Eighth session: 21 February-3 March 2000Recommendations of the informal working group on article 4, paragraph 1 bis, convenedduring the seventh session of the Ad Hoc Committee (A/AC.254/L.149)“[The current text of paragraph 1 bis would be deleted]36The text of paragraph 1 bis was revised by the United States, pursuant to informal consultations with a number ofinterested delegations at the fifth session of the Ad Hoc Committee. Pursuant to further discussion at the informal consultationsheld during the seventh session of the Ad Hoc Committee, a proposal for the deletion of paragraph 1 bis and theamendment of paragraph 2 would be available for consideration by the Ad Hoc Committee at its eighth session (see below).37At the informal consultations held during the seventh session of the Ad Hoc Committee, Sweden undertook to reformulatethis subparagraph in order to alleviate concerns about its clarity.38The substance of paragraph 3 bis would be taken up in connection with article 15.39In order for this paragraph to be applicable to all offences to be established under this convention, it should bemoved to article 6, after being amended to read as follows: “Nothing contained in this Convention shall affect the principlethat the description of the offences established under this Convention and of the applicable legal defences or other legalprinciples controlling the lawfulness of conduct is reserved to the law of a State Party and that such offences shall be prosecutedand punished in conformity with that law” (proposal submitted by the United States (A/AC.254/L.141)).