prop · H103212 · 2014-03-31 00:00:00 — 2Such liability is incurred without prejudice to the criminal liability of individuals having committed the offences. 3Each State Party shall ensure, in particular, that legal entities liable in accordance with paragraph 1 are subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. Such sanctions may include monetary sanctions. 1The chapeau of article 6, paragraph 1 of the Convention is replaced by the following text: 1Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater when the offence is committed: 2Article 6, paragraph 3 of the Convention is replaced by the following text: 3Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-General. If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General. 3Article 6, paragraph 4 of the Convention is replaced by the following text: 4Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater in cases where the alleged offender is present in its territory and it does not extradite the alleged offender to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article. The following text is added as the to the Convention: Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on . 2Convention for the Suppression of Unlawful Acts against the Safety of , done at on . 3Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General of the United Nations on . 4International Convention against the Taking of Hostages, adopted by the General of the United Nations on . 5Convention on the Physical Protection of Nuclear Material, done at on 26 October 1979. 6Protocol for the Suppression of Unlawful Acts of Violence at , supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of , done at on 24 February 1988. 7Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Shelf, done at on 10 1988. 8International Convention for the Suppression of Terrorist , adopted by the General of the United Nations on . 9International Convention for the Suppression of the Financing of Terrorism, adopted by the General of the United Nations on . 1Article 8, paragraph 1 of the Convention is replaced by the following text: 1The of a ship of a State Party (the flag State) may deliver to the authorities of any other State Party (the receiving State) any person who the has reasonable grounds to believe has committed an offence set forth in article 3, 3bis, 3ter, or 3quater. 2The following text is added as article 8bis of the Convention: 1States Parties shall co-operate to the fullest extent possible to prevent and suppress unlawful acts covered by this Convention, in conformity with international law, and shall respond to requests pursuant to this article as expeditiously as possible. 2Each request pursuant to this article should, if possible, contain the name of the suspect ship, the IMO ship identification number, the port of registry, the ports of origin and destination, and any other relevant information. If a request is conveyed orally, the requesting Party shall confirm the request in writing as soon as possible. The requested Party shall acknowledge its receipt of any written or oral request immediately. 3States Parties shall take into account the dangers and difficulties involved in boarding a ship at sea and searching its cargo, and give consideration to whether other appropriate measures agreed between the States concerned could be more safely taken in the next port of call or elsewhere. 4A State Party that has reasonable grounds to suspect that an offence set forth in article 3, 3bis, 3ter or 3quater has been, is being or is about to be committed involving a ship flying its flag, may request the assistance of other States Parties in preventing or suppressing that offence. The States Parties so requested shall use their best endeavours to render such assistance within the means available to them. 5Whenever law enforcement or other authorized officials of a State Party (the requesting Party) encounter a ship flying the flag or displaying marks of registry of another State Party (the first Party) located seaward of any States territorial sea, and the requesting Party has reasonable grounds to suspect that the ship or a person on board the ship has been, is or is about to be involved in the commission of an offence set forth in article 3, 3bis, 3ter or 3quater, and the requesting Party to board, (a)it shall request, in accordance with paragraphs 1 and 2 that the first Party confirm the claim of nationality, and (b)if nationality is confirmed, the requesting Party shall ask the first Party (hereinafter referred to as the flag State) for authorization to board and to take appropriate measures with regard to that ship which may include stopping, boarding and searching the ship, its cargo and persons on board, and questioning the persons on board in order to determine if an offence set forth in article 3, 3bis, 3ter or 3quater has been, is being or is about to be committed, and (c)the flag State shall either: (i)authorize the requesting Party to board and to take appropriate measures set out in subparagraph (b), subject to any conditions it may impose in accordance with paragraph 7; or (ii)conduct the boarding and search with its own law enforcement or other officials; or (iii)conduct the boarding and search together with the requesting Party, subject to any conditions it may impose in accordance with paragraph 7; or (iv)decline to authorize a boarding and search. The requesting Party shall not board the ship or take measures set out in subparagraph (b) without the express authorization of the flag State. (d)Upon or after depositing its instrument of ratification, acceptance, approval or accession, a State Party may notify the Secretary-General that, with respect to ships flying its flag or displaying its mark of registry, the requesting Party is granted authorization to board and search the ship, its cargo and persons on board, and to question the persons on board in order to locate and examine documentation of its nationality and determine if an offence set forth in article 3, 3bis, 3ter or 3quater has been, is being or is about to be committed, if there is no response from the first Party within four hours of acknowledgement of receipt of a request to confirm nationality. (e)Upon or after depositing its instrument of ratification, acceptance, approval or accession, a State Party may notify the Secretary-General that, with respect to ships flying its flag or displaying its mark of registry, the requesting Party is authorized to board and search a ship, its cargo and persons on board, and to question the persons on board in order to determine if an offence set forth in article 3, 3bis, 3ter or 3quater has been, is being or is about to be committed. The notifications made pursuant to this paragraph can be withdrawn at any time. 6When evidence of conduct described in article 3, 3bis, 3ter or 3quater is found as the result of any boarding conducted pursuant to this article, the flag State may authorize the requesting Party to detain the ship, cargo and persons on board pending receipt of disposition instructions from the flag State. The requesting Party shall promptly inform the flag State of the results of a boarding, search, and detention conducted pursuant to this article. The requesting Party shall also promptly inform the flag State of the discovery of evidence of illegal conduct that is not subject to this Convention. 7The flag State, consistent with the other provisions of this Convention, may subject its authorization under paragraph 5 or 6 to conditions, including obtaining additional information from the requesting Party, and conditions relating to responsibility for and the extent of measures to be taken. No additional measures may be taken without the express authorization of the flag State, except when necessary to relieve imminent danger to the lives of persons or where those measures derive from relevant bilateral or multilateral agreements. 8For all boardings pursuant to this article, the flag State has the right to exercise jurisdiction over a detained ship, cargo or other items and persons on board, including seizure, forfeiture, arrest and prosecution. However, the flag State may, subject to its constitution and laws, consent to the exercise of jurisdiction by another State having jurisdiction under article 6. 9When carrying out the authorized actions under this article, the use of force shall be avoided except when necessary to ensure the safety of its officials and persons on board, or where the officials are obstructed in the execution of the authorized actions. use of force pursuant to this article shall not exceed the minimum degree of force which is necessary and reasonable in the circumstances. (a)Where a State Party takes measures against a ship in accordance with this article, it shall: (i)take due account of the need not to endanger the safety of life at sea; (ii)ensure that all persons on board are treated in a which preserves their basic human dignity, and in compliance with the applicable provisions of international law, including international human rights law; (iii)ensure that a boarding and search pursuant to this article shall be conducted in accordance with applicable international law; (iv)take due account of the safety and security of the ship and its cargo; (v)take due account of the need not to prejudice the commercial or legal interests of the flag State; (vi)ensure, within available means, that any measure taken with regard to the ship or its cargo is environmentally sound under the circumstances; (vii)ensure that persons on board against whom proceedings may be commenced in connection with any of the offences set forth in article 3, 3bis, 3ter or 3quater are afforded the protections of paragraph 2 of article 10, regardless of location; (viii)ensure that the of a ship is advised of its intention to board, and is, or has been, afforded the opportunity to contact the ships owner and the flag State at the earliest opportunity; and (ix)take reasonable efforts to avoid a ship being unduly detained or delayed. (b)Provided that authorization to board by a flag State shall not per se give rise to its liability, States Parties shall be liable for any damage, harm or loss attributable to them arising from measures taken pursuant to this article when: (i)the grounds for such measures prove to be unfounded, provided that the ship has not committed any act justifying the measures taken; or (ii)such measures are unlawful or exceed those reasonably required in light of available information to implement the provisions of this article. States Parties shall provide effective recourse in respect of such damage, harm or loss. (c)Where a State Party takes measures against a ship in accordance with this Convention, it shall take due account of the need not to interfere with or to affect: (i)the rights and obligations and the exercise of jurisdiction of States in accordance with the international law of the sea; or (ii)the authority of the flag State to exercise jurisdiction and control in administrative, technical and social matters involving the ship. (d)measure taken pursuant to this article shall be carried out by law enforcement or other authorized officials from warships or military aircraft, or from other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect and, notwithstanding articles 2 and 2bis, the provisions of this article shall apply. (e)For the purposes of this article law enforcement or other authorized officials means uniformed or otherwise clearly identifiable members of law enforcement or other government authorities duly authorized by their government. For the specific purpose of law enforcement under this Convention, law enforcement or other authorized officials shall provide appropriate government-issued identification documents for examination by the of the ship upon boarding. 11This article does not apply to or limit boarding of ships conducted by any State Party in accordance with international law, seaward of any States territorial sea, including boardings based upon the right of visit, the rendering of assistance to persons, ships and property in distress or peril, or an authorization from the flag State to take law enforcement or other action. 12States Parties are encouraged to develop standard operating procedures for joint operations pursuant to this article and consult, as appropriate, with other States Parties with a view to harmonizing such standard operating procedures for the conduct of operations. 13States Parties may conclude agreements or arrangements between them to facilitate law enforcement operations carried out in accordance with this article. 14Each State Party shall take appropriate measures to ensure that its law enforcement or other authorized officials, and law enforcement or other authorized officials of other States Parties acting on its behalf, are empowered to act pursuant to this article. 15Upon or after depositing its instrument of ratification, acceptance, approval or accession, each State Party shall designate the authority, or, where necessary, authorities to receive and respond to requests for assistance, for confirmation of nationality, and for authorization to take appropriate measures. Such designation, including contact information, shall be notified to the Secretary-General within one month of becoming a Party, who shall inform all other States Parties within one month of the designation. Each State Party is responsible for providing prompt notice through the Secretary-General of any changes in the designation or contact information. Article 10, paragraph 2 is replaced by the following text: 2Any person who is taken into custody, or regarding whom any other measures are taken or proceedings are being carried out pursuant to this Convention, shall be guaranteed fair treatment, including enjoyment of all rights and guarantees in conformity with the law of the State in the territory of which that person is present and applicable provisions of international law, including international human rights law. 1Article 11, paragraphs 1, 2, 3 and 4 are replaced by the following text: 1The offences set forth in articles 3, 3bis, 3ter and 3quater shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them. 2If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in articles 3, 3bis, 3ter and 3quater. Extradition shall be subject to the other conditions provided by the law of the requested State Party. 3States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in articles 3, 3bis, 3ter and 3quater as extraditable offences between themselves, subject to the conditions provided by the law of the requested State Party. 4If necessary, the offences set forth in articles 3, 3bis, 3ter and 3quater shall be treated, for the purposes of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in a place within the jurisdiction of the State Party requesting extradition. 2The following text is added as article 11bis, of the Convention: None of the offences set forth in article 3, 3bis, 3ter or 3quater shall be regarded for the purposes of extradition or mutual legal assistance as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives. 3 The following text is added as article 11ter of the Convention: Nothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance, if the requested State Party has substantial grounds for believing that the request for extradition for offences set forth in article 3, 3bis, 3ter or 3quater or for mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that persons race, religion, nationality, ethnic origin, political opinion or gender, or that compliance with the request would cause prejudice to that persons position for any of these reasons. 1Article 12, paragraph 1 of the Convention is replaced by the following text: 1States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences set forth in articles 3, 3bis, 3ter and 3quater, including assistance in obtaining evidence at their disposal necessary for the proceedings. 2The following text is added as article 12bis of the Convention: 1A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences set forth in article 3, 3bis, 3ter or 3quater may be transferred if the following conditions are met: (a)the person freely gives informed consent; and (b)the competent authorities of both States agree, subject to such conditions as those States may deem appropriate. 2For the purposes of this article: (a)the State to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State from which the person was transferred; (b)the State to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States; (c)the State to which the person is transferred shall not require the State from which the person was transferred to initiate extradition proceedings for the return of the person; (d)the person transferred shall receive credit for service of the sentence being served in the State from which the person was transferred for time spent in the custody of the State to which the person was transferred. 3Unless the State Party from which a person is to be transferred in accordance with this article so agrees, that person, whatever that persons nationality, shall not be prosecuted or detained or subjected to any other restriction of personal in the territory of the State to which that person is transferred in respect of acts or convictions anterior to that persons departure from the territory of the State from which such person was transferred. Article 13 of the Convention is replaced by the following text: 1States Parties shall co-operate in the prevention of the offences set forth in articles 3, 3bis, 3ter and 3quater, particularly by: (a)taking all practicable measures to prevent preparation in their respective territories for the commission of those offences within or outside their territories; (b)exchanging information in accordance with their national law, and co-ordinating administrative and other measures taken as appropriate to prevent the commission of offences set forth in articles 3, 3bis, 3ter and 3quater. When, due to the commission of an offence set forth in article 3, 3bis, 3ter or 3quater, the passage of a ship has been delayed or interrupted, any State Party in whose territory the ship or passengers or crew are present shall be bound to exercise all possible efforts to avoid a ship, its passengers, crew or cargo being unduly detained or delayed. Article 14 of the Convention is replaced by the following text: having reason to believe that an offence set forth in article 3, 3bis, 3ter or 3quater will be committed shall, in accordance with its national law, furnish as promptly as possible any relevant information in its possession to those States which it believes would be the States having established jurisdiction in accordance with article 6. Article 15, paragraph 3 of the Convention is replaced by the following text: 3The information transmitted in accordance with paragraphs 1 and 2 shall be communicated by the Secretary-General to all States Parties, to Members of the Organization, to other States concerned, and to the appropriate international intergovernmental organizations. 1The Convention and this Protocol shall, as between the Parties to this Protocol, be read and interpreted together as one single instrument. 2Articles 1 to 16 of the Convention, as revised by this Protocol, together with articles 17 to 24 of this Protocol and the thereto, shall constitute and be called the Convention for the Suppression of Unlawful Acts against the Safety of Navigation, 2005 (2005 ). The following text is added as article 16bis of the Convention: Final of the Convention for the Suppression of Unlawful Acts against the Safety of Navigation, 2005 The final of the Convention for the Suppression of Unlawful Acts against the Safety of Navigation, 2005 shall be articles 17 to 24 of the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Navigation. . References in this Convention to States Parties shall be taken to mean references to States Parties to that Protocol. Signature, ratification, acceptance, approval and accession 1This Protocol shall be open for signature at the Headquarters of the Organization from 14 February 2006 to 13 February 2007 and shall thereafter remain open for accession. 2States may express their consent to be bound by this Protocol by: (a)signature without reservation as to ratification, acceptance or approval; or (b)signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c)accession. 3Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General. 4Only a State which has signed the Convention without reservation as to ratification, acceptance or approval, or has ratified, accepted, approved or acceded to the Convention may become a Party to this Protocol. 1This Protocol shall enter into force ninety days following the date on which twelve States have either signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General. 2For a State which deposits an instrument of ratification, acceptance, approval or accession in respect of this Protocol after the conditions in paragraph 1 for entry into force thereof have been met, the ratification, acceptance, approval or accession shall take effect ninety days after the date of such deposit.