Continental Shelf Protocols - Security - Full Text Of The Standard

Original Language Title: PROTOCOLOS PLATAFORMA CONTINENTAL - SEGURIDAD - Texto completo de la norma

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PROTOCOL Law 25.771 Adopt the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Emplaced with the Continental Shelf, adopted in Rome, Italian Republic. Sanctioned: August 13 of 2003. Cast: September 12, 2003.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 The PROTOCOL FOR THE REPRESION OF ILICITES ACTS AGAINST THE SECURITY OF THE FIELD PLATEFORMS IN THE CONTINENTAL PLATFORM, adopted in Rome .REPUBLICA ITALIANA., on March 10, 1988, which consists of EZ (10) articles, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TRECE DAYS OF THE MONTH OF AUGUST OF THE YEAR.

_

EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan Estrada.

PROTOCOL FOR THE REPRESION OF ILICITES ACTS AGAINST SECURITY OF THE FIELD PLATEFORMS IN THE CONTINENTAL PLATFORM

The States Parties to this Protocol,

PARTIES TO the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,

RECOGNIZING that the reasons for the elaboration of the Convention are also applicable to fixed platforms located on the continental shelf,

INCLUDING the provisions of that Convention,

RECALLING that matters not covered by this Protocol shall continue to be governed by the rules and principles of general international law,

_

ARTICLE 1

1 The provisions of articles 5 and 7 and 10 to 16 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (hereinafter referred to as "The Convention") shall also apply mutatis mutandis to the offences set forth in article 2 of this Protocol when such offences are committed on board fixed platforms located on or against the continental shelf.

2 In cases where the present Protocol is not applicable in accordance with paragraph 1, it shall be, however, where the offender or alleged offender is found in the territory of a State Party other than the State in whose inner waters or in whose territorial sea the fixed platform is located.

3 For the purposes of this Protocol, "fixed-platform" is an artificial island, installation or structure permanently subject to the seabed for the purpose of exploration or exploitation of resources or other economic purposes.

ARTICLE 2

1 Any person who unlawfully and intentionally commits an offence:

(a) Seize or exercise control of a fixed platform through violence, threat of violence or any other form of intimidation; or

(b) perform any act of violence against a person on board a fixed platform, if such an act may jeopardize the safety of such an act; or

(c) Destroy a fixed platform or cause damage to the same one that may endanger its security; or

(d) Place or place on a fixed platform, by any means, an artifact or substance that may destroy that fixed platform or endanger its safety; or

(e) Injure or kill any person in connection with the commission or attempt to commit any of the offences set forth in subparagraphs (a) to (d).

2 Any person who commits a crime also commits:

(a) attempt to commit any of the offences set forth in paragraph 1; or

(b) Induces to commit any of these offences, committed by any person, or otherwise complicit to the person committing such an offence; or

(c) threatens to commit, formulate or not a condition, in accordance with domestic law, in order to force a natural or legal person to execute an act or refrain from executing it, any of the offences set out in paragraph 1 (b) and (c), if the threat may jeopardize the security of the fixed platform concerned.

ARTICLE 3

1 Each State Party shall take the necessary measures to establish its jurisdiction over the offences set forth in article 2 where the offence is committed:

(a) against or on board a fixed platform, while located on the continental shelf of that State; or

(b) by a national of that State.

2 A State Party may also establish its jurisdiction over any of such offences when:

(a) is committed by a stateless person whose habitual residence is in that State;

(b) a national of that State is apprehended, threatened, injured or killed during the commission of the offence; or

(c) be committed in an attempt to force that State to do or not do anything.

3 Any State Party which has established the jurisdiction referred to in paragraph 2 shall notify the Secretary-General of the International Maritime Organization (hereinafter referred to as "the Secretary-General"). If that State party subsequently derogates such jurisdiction, it shall notify the Secretary-General.

4 Each State Party shall take the necessary measures to establish its jurisdiction over the offences set forth in article 2, in cases where the alleged offender is in its territory and that State does not grant extradition to any State Party that has established jurisdiction in accordance with paragraphs 1 and 2 of this article.

5 This Protocol does not exclude any criminal jurisdiction exercised under domestic law.

ARTICLE 4

Nothing in this Protocol shall affect the rules of international law relating to fixed platforms placed on the continental shelf.

ARTICLE 5

1 This Protocol shall be open for signature by any State that has signed the Convention, on 10 March 1988 in Rome and from 14 March 1988 to 9 March 1989 at the headquarters of the Organization.

After that period, it will remain open to accession.

2 States may express their consent to be bound by this Protocol by:

(a) signature without reservation on ratification, acceptance or approval; or

(b) signature upon ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(c) accession.

3 Ratification, acceptance, approval or accession shall be made by depositing with the Secretary-General the appropriate instrument.

4 Only a State that has signed or acceded to the Convention without reservation in respect of ratification, acceptance or approval or that has ratified, accepted or approved the Convention may become a Party to this Protocol.

ARTICLE 6

1 This Protocol shall enter into force ninety days after the date on which three States have signed it without reservation with respect to ratification, acceptance or approval or deposited an instrument of ratification, acceptance, approval or accession with respect to it. However, this Protocol shall not enter into force before the entry into force of the Convention.

2 For a State that deposits an instrument of ratification, acceptance, approval or accession with respect to this Protocol once the conditions for the entry into force of this Protocol are satisfied, ratification, acceptance, approval or accession shall take effect ninety days after the date on which such deposit has been made.

ARTICLE 7

1 This Protocol may be denounced by a State Party at any time after the expiration of a period of one year from the date on which the present Protocol has entered into force for that State.

2 The complaint shall be made by depositing a complaint instrument with the Secretary-General.

3 The complaint shall take effect one year from the receipt by the Secretary-General of the instrument of denunciation, or any other longer period that may be set out in that instrument.

4 A denunciation of the Convention by a State Party shall be deemed to constitute a denunciation of this Protocol by that Party.

ARTICLE 8

1 The Organization may convene a conference to review or amend this Protocol.

2 The Secretary-General shall convene a conference of the States Parties to this Protocol with a view to reviewing or amending it, at the request of one third of the States Parties or five States Parties, if this figure is greater.

3 Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Protocol shall be deemed to apply to the Protocol, as amended.

ARTICLE 9

1 This Protocol shall be deposited with the Secretary-General.

2 The Secretary-General:

(a) shall inform all States that have signed or acceded to this Protocol and all Members of the Organization of:

(i) Each new signature and each new deposit of an instrument of ratification, acceptance, approval or accession, and the date on which it occurs;

(ii) The date of entry into force of this Protocol;

(iii) Any deposit of an instrument of denunciation of this Protocol and of the date on which such an instrument was received, as well as the date on which the denunciation took effect;

(iv) the receipt of any declaration or notification made under this Protocol or the Convention in connection with this Protocol;

(b) transmit authentic copies of this Protocol to all States that have signed or acceded to it.

3 As soon as the present Protocol enters into force, the depositary shall transmit an authentic copy thereof to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

ARTICLE 10

This Protocol is drafted in a single copy in the Arabic, Chinese, English, French, Russian and Spanish languages, and each of these texts will have the same authenticity.

IN WITNESS WHEREOF the undersigned, duly authorized by their respective Governments, sign this Protocol.

HEW In Rome on March 10th, nine hundred and eighty-eight.