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A/CONF. 187/6 white-collar or corporate crime. In brief, transnational of States parties to implement the Convention. The organized crime has some of the features of transnational Conference of the Parties would be charged with agreeing white- collar crime, as in the case of legitimate upon mechanisms to, inter alia, facilitate activities by corporations making bribery payments to foreign officials States parties under the articles of the Convention dealing to facilitate the marketing of their goods in countries where with technical ation, including by mobilizing those goods are banned. More emphasis should be placed voluntary contributions, and to review periodically the on the notion that transnational crime encapsulates this status of implementation of the Convention. The mixture of criminal conduct, which may be a reason for Conference of the Parties would be informed of the serious concern measures taken by States parties in implementing the Convention and of the difficulties encountered. Articles 36. This leads to a final consideration. There is a related to implementation also deal with the secretariat of widespread feeling that white-collar and corporate crime are less stigmatized and penalized than conventional the Conference of the Parties, training and technical organized crime. With the interconnection of these types of assistance, and measures for the implementation of the criminal behaviour, the relative tolerance normally accorded to white-collar criminals may be extended to assistance members of conventional organized criminal groups 40. In view of the ground-breaking nature of the Convention and its three protocols, their implementation of transnational crime is vital. The effects of deterrence will pose significant challenges to States and the United and penalization and the role of law enforcement should Nations. Many States will need to put in place new or also be studied amend existing legislation, as well as to strengthen their lawenforcement structures and criminal justice systems, in order to be able to comply with their obligations under the VI. Implementation of the united Convention and its protocols. On many occasions, such action will be required in order for the states to ratify or ations Convention against accede to the Convention and its protocols. For many Transnational Organized States, legislating in accordance with the provisions of the Crime and the protocols thereto Convention and its protocols will require expertise and know-how that may not be available domestically. Putting in place new or amending existing legislation may also 38. In its resolution 54/125 of 17 December 1999, the require knowledge of the choices made by other States, as General Assembly decided that the Tenth United Nations well as the experience gained by them, in drafting and Congress on the Prevention of Crime and the Treatment of implementing such legislation. Strengthening law Offenders should devote particular attention to ways and enforcement structures and bringing about the necessary means of making operational the provisions of the United improvements on criminal justice systems will require the Nations Convention against Transnational Organized development of human resources, through training and the Crime, especially taking into account the needs of upgrading of skills, as well as the acquisition or developing countries in the area of capacity-building In its modernization of equipment and the development or resolution 54/126 of 17 December 1999, the Assembly upgrading of facilities. Consequently, there will be a need requested the Ad Hoc Committee on the Elaboration of a to make available technical assistance at the earliest Convention against Transnational Organized Crime to possible stage of the implementation process intensify its work in order to complete it in the year 2000. 41. While some of this assistance might be provided at As a result of the satisfactory progress in the negotiations the bilateral or regional level, the United Nations will have on the draft Convention and its draft Protocols. it is expected that the instruments will be adopted by the a central role to play in fostering and sustaining Millennium assembly plementation of the C Following the adoption of the Convention and its 39. The draft Convention in its present form contains protocols, the Centre for International Crime Prevention four articles related to its implementation. According to will promote their signature and ratification, thereby one of those articles, a Conference of the Parties to the ensuring the expeditious entry into force of the onvention would be established to improve the capacity instruments. The Centre will need to provide advisoryA/CONF.187/6 7 white-collar or corporate crime. In brief, transnational organized crime has some of the features of transnational white- collar crime, as in the case of legitimate corporations making bribery payments to foreign officials to facilitate the marketing of their goods in countries where those goods are banned.18 More emphasis should be placed on the notion that transnational crime encapsulates this mixture of criminal conduct, which may be a reason for serious concern. 36. This leads to a final consideration. There is a widespread feeling that white-collar and corporate crime are less stigmatized and penalized than conventional organized crime. With the interconnection of these types of criminal behaviour, the relative tolerance normally accorded to white-collar criminals may be extended to members of conventional organized criminal groups. 37. Further research into the causes of the various types of transnational crime is vital. The effects of deterrence and penalization and the role of law enforcement should also be studied. VI. Implementation of the United Nations Convention against Transnational Organized Crime and the protocols thereto 38. In its resolution 54/125 of 17 December 1999, the General Assembly decided that the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders should devote particular attention to ways and means of making operational the provisions of the United Nations Convention against Transnational Organized Crime, especially taking into account the needs of developing countries in the area of capacity-building. In its resolution 54/126 of 17 December 1999, the Assembly requested the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime to intensify its work in order to complete it in the year 2000. As a result of the satisfactory progress in the negotiations on the draft Convention and its draft Protocols, it is expected that the instruments will be adopted by the Millennium Assembly. 39. The draft Convention in its present form contains four articles related to its implementation. According to one of those articles, a Conference of the Parties to the Convention would be established to improve the capacity of States parties to implement the Convention. The Conference of the Parties would be charged with agreeing upon mechanisms to, inter alia, facilitate activities by States parties under the articles of the Convention dealing with technical cooperation, including by mobilizing voluntary contributions, and to review periodically the status of implementation of the Convention. The Conference of the Parties would be informed of the measures taken by States parties in implementing the Convention and of the difficulties encountered. Articles related to implementation also deal with the secretariat of the Conference of the Parties, training and technical assistance, and measures for the implementation of the Convention through economic development and technical assistance. 40. In view of the ground-breaking nature of the Convention and its three protocols, their implementation will pose significant challenges to States and the United Nations. Many States will need to put in place new or amend existing legislation, as well as to strengthen their law enforcement structures and criminal justice systems, in order to be able to comply with their obligations under the Convention and its protocols. On many occasions, such action will be required in order for the States to ratify or accede to the Convention and its protocols. For many States, legislating in accordance with the provisions of the Convention and its protocols will require expertise and know-how that may not be available domestically. Putting in place new or amending existing legislation may also require knowledge of the choices made by other States, as well as the experience gained by them, in drafting and implementing such legislation. Strengthening law enforcement structures and bringing about the necessary improvements on criminal justice systems will require the development of human resources, through training and the upgrading of skills, as well as the acquisition or modernization of equipment and the development or upgrading of facilities. Consequently, there will be a need to make available technical assistance at the earliest possible stage of the implementation process. 41. While some of this assistance might be provided at the bilateral or regional level, the United Nations will have a central role to play in fostering and sustaining implementation of the Convention and its protocols. Following the adoption of the Convention and its protocols, the Centre for International Crime Prevention will promote their signature and ratification, thereby ensuring the expeditious entry into force of the instruments. The Centre will need to provide advisory
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