17 DE JULHO DE 2018 3

Article II

Article 1 of the Convention shall be replaced by the following:

“Article 1

1. Any person commits an offence if that person unlawfully and intentionally seizes or exercises control of an

aircraft in service by force or threat thereof, or by coercion, or by any other form of intimidation, or by any

technological means.

2. Any person also commits an offence if that person:

(a) makes a threat to commit the offence set forth in paragraph 1 of this Article; or

(b) unlawfully and intentionally causes any person to receive such a threat, under circumstances which

indicate that the threat is credible.

3. Any person also commits an offence if that person:

(a) attempts to commit the offence set forth in paragraph 1 of this Article; or

(b) organizes or directs others to commit an offence set forth in paragraph 1, 2 or 3 (a) of this Article; or

(c) participates as an accomplice in an offence set forth in paragraph 1, 2 or 3 (a) of this Article; or

(d) unlawfully and intentionally assists another person to evade investigation, prosecution or punishment,

knowing that the person has committed an act that constitutes an offence set forth in paragraph 1, 2, 3 (a), 3 (b)

or 3 (c) of this Article, or that the person is wanted for criminal prosecution by law enforcement authorities for

such an offence or has been sentenced for such an offence.

4. Each State Party shall also establish as offences, when committed intentionally, whether or not any of the

offences set forth in paragraph 1 or 2 of this Article is actually committed or attempted, either or both of the

following:

(a) agreeing with one or more other persons to commit an offence set forth in paragraph 1 or 2 of this Article

and, where required by national law, involving an act undertaken by one of the participants in furtherance of the

agreement; or

(b) contributing in any other way to the commission of one or more offences set forth in paragraph 1 or 2 of

this Article by a group of persons acting with a common purpose, and such contribution shall either:

(i) be made with the aim of furthering the general criminal activity or purpose of the group, where such activity

or purpose involves the commission of an offence set forth in paragraph 1 or 2 of this Article; or

(ii) be made in the knowledge of the intention of the group to commit an offence set forth in paragraph 1 or 2

of this Article.”

Article III

Article 2 of the Convention shall be replaced by the following:

“Article 2

Each State Party undertakes to make the offences set forth in Article 1 punishable by severe penalties.”

Article IV

The following shall be added as Article 2 bis of the Convention:

“Article 2 bis

1. Each State Party, in accordance with its national legal principles, may take the necessary measures to

enable a legal entity located in its territory or organized under its laws to be held liable when a person responsible

for management or control of that legal entity has, in that capacity, committed an offence set forth in Article 1.

Such liability may be criminal, civil or administrative.