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Scope Of The Supplementary Protocol Against The Trafficking Of Migrants By Land, Sea And Air To The Convention Of The United Nations Against The Transnational Organized Crime...

Original Language Title: Geltungsbereich des Zusatzprotokolls gegen die Schlepperei von Migranten auf dem Land-, See- und Luftweg zum Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminal...

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117. Presentation by the Federal Chancellor concerning the scope of the Protocol against the smuggling of migrants by land, sea and air to the United Nations Convention against Transnational Organised Crime

According to the Communications of the Secretary-General of the United Nations, the following States have ratified their instruments of ratification or ratification. Accession documents to the Protocol against the smuggling of migrants by land, sea and air to the United Nations Convention against Transnational Organised Crime (BGBl). III n ° 11/2008):

States:

Date of deposit of the

Ratifications and/or Certificate of Accession:

Antigua-Barbuda

17 February 2010

Bahamas

26 September 2008

Dominican Republic

10 December 2007

Gabon

22 September 2010

Guyana

16. April 2008

Honduras

18. November 2008

Indonesia

28 September 2009

Iraq

9 February 2009

Kazakhstan

31 July 2008

Liechtenstein

20 February 2008

Monaco

5 June 2001

Mongolia

27 June 2008

Niger

18 March 2009

Paraguay

23 September 2008

San Marino

20 July 2010

Syria

8 April 2009

Timor-Leste

9 November 2009

On the occasion of the deposit of their instrument of ratification, the following declarations have been made or Reservations are explained:

Bahamas:

Pursuant to Article 20 (3), the Commonwealth of the Bahamas declares a reservation on the basis of the procedure laid down in accordance with Article 20 (2) of the Protocol on the basis that the dismissal of a dispute concerning the interpretation or application of the provisions of the Protocol Protocol to an arbitration procedure or to the International Court of Justice with the consent of all parties to the dispute.

Indonesia:

Explanation:

" ... the Government of the Republic of Indonesia submits its declaration on the provision of Art. 6 para. 2 lit. c, Art. 9 para. 1 lit. a and Art. 9 (2) of the Protocol, which must be implemented in strict accordance with the principles of the sovereignty and territorial integrity of a State; ... "

Reservation:

" ... the Government of the Republic of Indonesia shall notify its reservation not to be bound by the provision of Article 20 (2) and shall represent the position that disputes relating to interpretation and application to the Protocol, which shall not be settled by the path laid down in paragraph 1 of that Article may be referred only to the participation of all parties to the dispute to the International Court of Justice; ... "

Syria:

Explanation:

The Government of the Syrian Arab Republic declares that it is not a member of the 1951 Convention and of the 1967 Protocol on the Status of Refugees, to which the Additional Protocol to the Smuggling of Migrants Land, sea and air links to the United Nations Convention against Transnational Organised Crime (Art. 7 (1).

Reservation:

The Syrian Arab Republic declares a reservation on Article 20 (2) of the Additional Protocol to the Migrant Smuggling of Migrants by Land, Sea and Air, to the United Nations Convention against Transnational Organised Crime Crime

The following States have submitted notifications pursuant to Article 8 (6):

Guatemala 1 :

In accordance with Article 8 (6) of the Protocol, the Government of the Republic of Guatemala has designated the courts and the Office of the Public Prosecutor as the central authorities for the reception of requests for mutual assistance, with the power to either complete the request or to to the competent authorities responsible for the execution of the project.

In addition, the Government of the Republic of Guatemala, by way of the Navy, has the Ministry of Defense as the authority to receive and respond to requests for assistance, to confirm the registration or the right of a ship which of the Guatemalan flag, as well as to take appropriate measures to ensure the authorisation of the flag.

Iraq:

In accordance with Article 8 (6) of the Protocol against the smuggling of migrants by land, sea and air, to the United Nations Convention against Transnational Organised Crime, the Iraqi Ministry of Transport is in the cooperation with the relevant Iraqi security authorities to assist the Iraqi authorities in receiving and responding to requests for assistance, for confirmation of the deposit or right of a ship to fly its flag and for the purpose of: Authorisation to take appropriate measures.

In order to implement the obligations of the Republic of Iraq under the Convention, the Iraqi Ministry of the Interior, as the central authority with responsibility and full power, has the Iraqi Interior Ministry, -to obtain legal assistance and to take measures pursuant to Articles 16 and 17 of the Convention and Article 8 of the Protocol against the Smuggling of Migrants by Land, Sea and Air.

Italy 1 :

The Italian Ministry of Infrastructure and Transport has requested the 'Comando Generale del Corpo delle Capitanerie di Porto' (the seat of the Italian coast guard) as the competent authority to receive and respond to requests for legal assistance, which are Confirmation of the registration or the right of a ship to fly its flag and to take appropriate measures for the approval.

Austria 1 :

FEDERAL MINISTRY OF THE INTERIOR-Federal Criminal Police Office

Central unit Combating smuggling of human beings/trafficking in human beings

Josef Holaubek Platz 1

A-1090 Vienna, Austria

FEDERAL MINISTRY OF TRANSPORT, INNOVATION AND TECHNOLOGY

Top shipping authority, Dept. IV/W1

Radetzkystrasse 2

A-1030 Vienna, Austria

Switzerland 1 :

In accordance with Article 8 (6) of the Protocol, Switzerland has the following authority to receive and respond to requests for assistance in order to confirm the registration or the right of a ship to fly its flag and to obtain authorisation. Measures to be taken, named:

Swiss Maritime Office

Nauenstrasse 49

4002 Basel.

Serbia 1 :

As the competent authority for the implementation of Article 8 of the Protocol (measures against smuggling of migrants by sea), the Republic of Serbia has designated the "Ministry of Infrastructure".

Requests should be sent to:

Ministry of Infrastructure,

Ship Traffic and Navigation Safety Division

Nemanjina 22-26, 11000 Belgrade, Republic of Serbia.

Faymann