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Decree No. 6,136, Of June 26, 2007

Original Language Title: Decreto nº 6.136, de 26 de junho de 2007

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DECREE NO 6,136, DE June 26, 2007.

Promulga the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Platform, both of March 10, 1988, with reservations to item 2 of article 6th, to article 8th and item 1 of Article 16 of the Convention, as well as item 2 of Article 3rd of the Protocol.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and

Considering that the National Congress has approved the texts of the Convention for the Suppression of Atos Illicit against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Platform, ressaved item 2 of article 6th, Article 8th and item 1 of Article 16 of the Convention, as well as item 2 of Article 3rd of the Protocol, by means of Legislative Decree no 921 of September 15, 2005 ;

Considering that the Brazilian Government has ratified the cited international acts on October 25 of 2005, with reservations to item 2 of article 6th, to Article 8th and item 1 of Article 16 of the Convention and to item 2 of Article 3rd of the Protocol ;

Considering that the Convention and the Protocol entered into international vigor on the 1st March 1992 and, for Brazil, on January 23, 2006 ;

DECRETA:

Art. 1st The Convention for the Suppression of Unlawful Acts against Navigation Security Maritime and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Platform, both of March 10, 1988, joined by copy to present Decree, will be executed and fulfilled with reservations to the item 2 of article 6th, Article 16 and item 1 of Article 16 of the Convention, as well as item 2 of Article 3rd of the Protocol.

Art. 2nd They are subject to approval by the National Congress any acts that may result in revision of the Convention and the Protocol referred to, as well as any supplementary adjustments which, in accordance with the inciso I of the art. 49 of the Constitution, carries charges or written commitments to national heritage.

Art. 3rd This Decree goes into effect on the date of its publication.

Brasilia, June 26, 2007 ; 186º of the Independence and 119º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the published in the DOU of 6/27/2007

CONVENTION FOR THE SUPPRESSION OF ILLICIT ACTS

AGAINST THE SAFETY OF MARITIME NAVIGATION

The States Parties to this Convention,

MINA MENT the purposes and principles of the United Nations Charter concernful of the maintenance of the international peace and security and the promotion of friendly relations and cooperation between states,

RECOGNIZING, in particular, that everyone has the right to life, liberty and personal security, as expressed in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights,

DEEPLY CONCERNED with the global escalation of acts of terrorism in all its forms, which they endaner and take innocent human lives, compromise fundamental freedoms and seriously harm the dignity of human beings,

CONSIDERING that unlawful acts against the safety of maritime navigation endanger the security of people and heritage, seriously affect the operation of maritime services and undermine the trust of the peoples of the world in the safety of maritime navigation,

CONSIDERING that the occurrence of such acts constitutes matter of grave concern for the community international as a whole,

BEING CONVINCED of the urgent need to promote international cooperation between States in the formulation and adoption of efficient and practical measures for the prevention of all illicit acts against the safety of maritime navigation and for the trial and punishment of its perpetrators,

REMEMBERING the resolution 40/61 of the United Nations General Assembly of December 9, 1985, which, among other provisions,?conclaims that all States, unilaterally and in cooperation with other States, as well as the relevant bodies of the United Nations, contribute to the progressive elimination of the causes constituting the basis of terrorism international and dedicate special attention to all situations, including colonialism, racism and situations that entail mass and flagrant violations of human rights and fundamental freedoms and all those involving occupation foreign, who can give rise to international terrorism and endanger international peace and security?,

REMEMBERING, BEYOND THIS, that resolution 40/61?unequivocally condemns, as criminals, all the acts, methods and practices of terrorism, wherever and by whoever is practiced, including those who endanger the friendly relations between states and their security?,

REMEMBERING ALSO THAT, by resolution 40/61, the International Maritime Organization was invited to ?to study the problem of terrorism on board or against ships, with a view to making recommendations on appropriate measures?,

HAVING the resolution A. 584 (14), of November 20, 1985, of the Assembly of the Organization Maritime International, which has requested the development of measures to prevent illicit acts that threaten the safety of ships and their passengers and crews,

VISTA that acts of the crew, which is subject to normal discipline on board, are out of the handle of this Convention,

AFFIRMING the desire to oversee rules and standards regarding the prevention and control of illicit acts against ships and persons on board ships, with a view to updating them to the extent of the needs and, in this sense, taking note, with satisfaction, of the Measures To prevent Unlawful Acts Against Passengers and Tripulations to Border of Vessels, recommended by the Commission on Maritime Safety of the International Maritime Organization,

AFFIRMING, moreover, that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,

RECOGNIZING the need for all states, in combating illicit acts against the security of the maritime navigation, strictly comply with the rules and principles of general international law,

WOKE up in the following:

ARTICLE 1st

For the purposes of this Convention, ship means a vessel of any kind, not permanently stuck to the bottom of the sea, including dynamically sustained vessels, submersible, or any other floating craft.

ARTICLE 2nd

1. This Convention does not apply to:

(a) ship of war ; or

(b) vessel owned by or operated by a State, when it is being used as a naval aiding or for customs or police purposes ; or

(c) vessel that has been removed from navigation or out-of-service.

2. Nothing in this Convention affects the immunities of warships and other government-operated vessels with non-commercial purposes.

ARTICLE 3rd

1. Any person commits offence if, illicit and intentionally:

(a) abduct or exercise control over a ship, by force or threat of force or by any another form of intimidation ; or

(b) practice act of violence against person on board a ship, if such an act is able to put on danger the safe navigation of that ship ; or

(c) destroy a ship or cause damage to a ship or its cargo and that act is capable of endangering the safe navigation of that ship ; or

(d) place or order to place on a ship, by any means, device or substance capable of destroy it or cause damage to that vessel or its cargo, and such act pusher in danger or is able to endanger the safe navigation of that vessel ; or

(e) destroy or seriously damage maritime navigation facilities or seriously interfere with its operation, if any of these acts are able to endanger the safe navigation of the vessel ; or

(f) provide information that knows to be false, in this way endangering the safe navigation of a ship ; or

(g) injl or kill any person, in connection with the practice or attempted practice of either of the delights provided in the letters (a) to (f).

2. Any person also commits offense if:

(a) try to commit any of the offences provided for in paragraph 1 ; or

(b) to assist in the practice of any of the offences provided for in paragraph 1, committed by any person, or is otherwise complicit in the person who commits such an offence ; or

(c) threaten, with or without condition, as laid out in national law, with the aim of compelling physical or legal person to practise or cease to practise any act, commit any of the offences provided for in paragraph 1, letters (b), (c), (c) and (e), if such threat is capable of endangering the safe navigation of the vessel in question.

ARTICLE 4th

1. This Convention applies if the vessel is navigating or is scheduled to navigate inside, through or out of waters beyond the external boundary of the territorial sea of a single country or the side limits of its territorial sea with States adjacent.

2. In cases where the Convention is not applicable under paragraph 1, it shall still apply when the author or alleged author of the offence finds itself in the territory of a State-Party other than a State cited in paragraph 1.

ARTICLE 5th

Each State-Party shall make the offences provided for in Article 3rd punishable with appropriate penalties, to take in account of the serious nature of such offences.

ARTICLE 6th

1. Each State-Party shall take the measures that are necessary to establish its jurisdiction over the offences provided for in Article 3rd, when committed:

(a) against or on board vessel flying the flag of the State on the occasion in which the offence is committed ; or

(b) in the territory of that State, including its territorial sea ; or

(c) by a national of that state.

2. The State-Party may also establish its jurisdiction over any of these offences when:

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

(b) during his practice, a national of that state is hijacked, threatened, injured or killed, or

(c) is committed in an attempt to compelify that state to practice or quit practicing any act.

3. Any State-Party that has established the jurisdiction mentioned in paragraph 2 shall notify that fact to the Secretary-General of the International Maritime Organization (hereafter referred to as Secretary-General). If such a State-Party subsequently revoke that jurisdiction, it shall notify the Secretary-General.

4. Each State-Party shall take the necessary measures to establish its jurisdiction over the offences provided for in Article 3rd, in cases where the alleged author is present in his territory and is not extradited to any of the States Parties that have established their jurisdiction in accordance with paragraphs 1 and 2 of this Article.

5. This Convention does not exclude any criminal jurisdiction exercised in accordance with the national law.

ARTICLE 7th

1. By making sure that the circumstances warrant it, any State-Party in whose territory the author or alleged author of the offence is present, acting in accordance with his law, will arrest him or take other measures to ensure his presence during as long as is necessary to make it possible for any criminal or extradition proceedings to be initiated.

2. Such a State-Party will immediately make a preliminary investigation of the facts, according to its own legislation.

3. Any person with reference to which the measures cited in paragraph 1 are being taken will be authorized to:

(a) communicate, without delay, with the appropriate representative closest to the State of which it is to be national or otherwise authorized to establish such a communication or, if it is stateless, the State in whose territory you have your habitual residence ;

(b) be visited by a representative of that State.

4. The rights cited in paragraph 3 shall be exercised in accordance with the laws and regulations of the State in whose territory the author or alleged author of the offence is present, subject to the cavity that the cited laws and regulations should make it possible to that it is given full effect to the purposes to which the rights granted in accordance with paragraph 3 are intended.

5. Where a State Party, under this Article, has effected the arrest of a person, it shall immediately notify States that have jurisdiction established in accordance with Article 6th paragraph 1 and, if it considers it advisable, any other States interested, the fact that such a person is under arrest and the circumstances justifying his detention. The State which makes the preliminary investigation contemplated in paragraph 2 of this Article shall promptly communicate its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

ARTICLE 8th

1. The commander of a ship of a State-Party (flag State) may deliver to the authorities of any State-Party (receiving State) any person he has reasonable grounds to believe that he has committed any of the offences provided for in the Article 3rd.

2. The flag State shall determine that the commander of his vessel shall be obliged, all times in which this is enforceable and, if possible, before entering the territorial sea of the receiving State, which takes on board any person the commander intends to deliver in accordance with paragraph 1, to make notification to the receiving State authorities about their intention to deliver such a person and the reasons for doing so.

3. The receiving State shall accept the delivery, unless it has reason to consider that the Convention does not apply to acts that give rise to the delivery, and shall proceed in accordance with the provisions of Article 7th. Any refusal to accept a delivery will be accompanied by a statement of their motives.

4. The flag State shall determine that the commander of his vessel shall be required to provide the authorities of the receiving State with proof in power of the Commander that concerns the alleged offence.

5. The receiving State which has accepted the delivery of a person in accordance with paragraph 3 may, in turn, request that the flag State accept the delivery of that person. The flag State shall consider any solicitation in that direction and, if it accede to it, shall proceed in accordance with Article 7th. If the flag State declines a solicitation, it will provide the receiving State with a statement of the reasons for so much.

ARTICLE 9th

Nothing that contains this Convention will in any way affect the rules of international law pertinent to the jurisdiction of States to exercise jurisdiction for investigation or imposition of their right on board ships that do not fly its flag.

ARTICLE 10

1. ' The State-Party in whose territory the author or alleged author of the offence finds himself, in cases where Article 6th is applicable, if he does not extradite him, shall be obliged, without exception of any kind, and whether the offence has been committed or not in his / territory, to submit the case, without delay, to its competent authorities, for trial through proceedings in accordance with the laws of that State. These authorities shall take their decision in the same manner as in the case of any other offence of a serious nature in accordance with the law of that State.

2. Any person with reference to which proceedings are instituted in connection with any of the offences provided for in Article 3rd shall have guaranteed fair treatment at all stages of the proceedings, including the enjoyment of all established rights and guarantees for such a process by the law of the State in whose territory it is present.

ARTICLE 11

1. The offences provided for in Article 3rd shall be deemed to be included in the offences likely to give place for extradition in any extradition treaty that exists between any of the States Parties. The States Parties undertake to include such offences as passable to give way for extradition in all extradition treaties to be concluded between them.

2. If a State-Party that condition extradition to the existence of a treaty receives request for extradition made by another State-Party with which it has no extradition treaty, the State-Party required may, at its discretion, consider this Convention as legal basis for extradition with respect to the offences provided for in Article 3rd. Extradition shall be subject to the other conditions laid down by the law of the State-Party required.

3. States Parties that do not condition extradition to the existence of treaty shall consider the offences provided for in Article 3rd as liable to give place for extradition between them, subject to the conditions laid down by the law of the requested State.

4. If necessary, the offences provided for in Article 3rd shall be dealt with, for the purposes of extradition between the States Parties, as if they had been committed not only in the place in which they took place, but also in a place within the jurisdiction of the State-Party that asking for the extradition.

5. A State-Party that receives more than one extradition request made by States that have jurisdiction established in accordance with Article 7th and decides not to prosecute, when selecting the State for which the author or alleged author of the offence should be extradited, will give due consideration to the interests and responsibilities of the State-Party whose flag the vessel was flying on the occasion of the practice of the offence.

6. When considering an application for the extradition of an alleged author of an offence under this Convention, the requested State shall give due consideration to the fact that if its rights as provided for in Article VII, paragraph 3, may be exercised in the requesting State.

7. With respect to the offences defined in this Convention, the provisions of all treaties and stipulations on extradition applicable between the States Parties shall be modified between the States Parties, to the extent that they are incompatible with this Convention

ARTICLE 12

1. The States Parties shall mutually provide each other with the highest degree of aid in connection with the criminal proceedings instituted in respect of the offences provided for in Article 3rd, including assistance to obtain evidence at their disposal, necessary for the procedure.

2. The States Parties shall comply with their obligations in accordance with paragraph 1 in accordance with any treaties on mutual assistance that may exist between them. In the absence of such treaties, the States Parties shall assist each other, in accordance with their national law.

ARTICLE 13

1. The States Parties shall cooperate in the prevention of the offences provided for in Article 3rd, particularly:

(a) taking all practical steps to prevent preparations, in their respective territories, for the practice of such offences, within or outside their territories ;

(b) permuting information in accordance with its national laws and coordinating administrative measures and other outlets as appropriate to prevent the practice of the offences provided for in Article 3rd.

2. Where, due to the offence provided for in Article 3rd, the passage of a vessel is delayed or interrupted, any State-Party on whose territory the vessel, passengers or crew are present, shall be required to make all efforts possible to prevent the ship, its passengers, crew or cargo from being unduly withheld or delayed.

ARTICLE 14

Any State-Party that has reason to believe that an offence provided for in Article 3.o will be committed, shall provide, in accordance with its national law, as promptly as possible, any relevant information available to states that it believes to be those that have jurisdiction established in accordance with Article 6th.

ARTICLE 15

1. Each State Party, in accordance with its national law, shall provide the Secretary-General, as ready as possible, any relevant information available to him in relation to the following:

(a) the circumstances of the offence ;

(b) the arrangements taken under Article 13, paragraph 2 ;

(c) the measures taken in relation to the author or alleged author and, in particular, the results of any extradition process or other legal process.

3. The State-Party where the alleged author is processed shall communicate to the Secretary-General, in accordance with his national law, the final outcome of the proceedings.

3. The information transmitted in accordance with paragraphs 1 and 2 shall be communicated by the Secretary-General to all the States Parties, to the Members of the International Maritime Organization (hereafter referred to as the Organization), to the other States involved and appropriate international and intergovernmental organizations.

ARTICLE 16

1. Any divergence between two or more States Parties in relation to the interpretation or application of this Convention, which cannot be resolved through negotiation within a reasonable time, shall be, by solicitation of one of them, submitted to arbitration. If within six months of the date of the solicitation of the arbitration, the parties are unable to agree on the organization of the arbitration, either of them may submit the dispute to the International Court of Justice, upon request in accordance with the Statute of the Court.

2. Each State may, at the time of the signature or ratification, acceptance or approval of this Convention, or accession to it, declare that it does not consider itself bound by any or all of the provisions of paragraph 1. The other States Parties shall not be bound by such provisions in relation to any State-Party which has made such a reservation.

3. Any State which has made a reservation in accordance with paragraph 2 may, at any time, withdraw it, upon notification to the Secretary-General.

ARTICLE 17

1. This Convention shall be open for signature in Rome on March 10, 1988 by the States participating in the International Conference on the Suppression of Unlawful Acts against the Safety of Maritime Navigation and, in the Organization Section, by all States, from March 14, 1988 to March 9, 1989. It will then remain open to accession.

2. States may express their consent to stay bound by this Convention by means of:

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

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

(c) accession.

3. The ratification, acceptance, approval or accession shall be effected by the instrument deposit in that direction with the Secretary-General.

ARTICLE 18

1. This Convention shall enter into force ninety days after the date in which fifteen States have signed it without reservation of ratification, acceptance or approval or have deposited instrument of ratification, acceptance, approval or accession in relation to it

2. For a State depositing instrument of ratification, acceptance, approval or accession in relation to this Convention after the conditions of its entry into force have been met, ratification, acceptance, approval or accession shall enter into vigor ninety days after the date of such deposit.

ARTICLE 19

1. This Convention may be denounced by any State-Party at any time after a year of the date on which the date on which this Convention enters into force for that State.

2. The denunciation shall be effected by the filing of the instrument of denunciation with the Secretary-General.

3. The denunciation will enter into force one year, or in longer period that may be specified in the instrument of denunciation, upon receipt of such an instrument by the Secretary-General.

ARTICLE 20

1. A conference for the purpose of revising or amending this Convention may be convened by the Organization.

2. The Secretary-General shall convene a conference of the States Parties to this Convention to revise it or to amend it, by solicitation of one-third of the States Parties or ten States Parties, according to the highest number.

3. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Convention shall be reputed as applying to the emendation Convention.

ARTICLE 21

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

2. The Secretary-General:

(a) shall inform all States which have signed this Convention or that it has acceted to, as well as to all the Members of the Organization, the following:

(i) each new subscription or deposit of instrument of ratification, acceptance, approval or accession, along with their dates ;

(ii) the date of the entry into force of this Convention ;

(iii) the deposit of any instrument of denunciation of this Convention, together with the date on which it is has been received and the date on which the denunciation will enter into force ;

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

(b) shall refer certified true copies of this Convention to all States which have signed it or that it has adhered to.

3. As soon as this Convention enters into force, a certified faithful copy shall be remanded by the Depositary 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 22

This Convention is made in a single original in the Arabic, Chinese, English, French, Russian and Spanish, each text being equally authentic.

IN TESTIMONY OF WHAT the undersigned, duly authorized by their respective governments, signed this Convention.

MADE IN ROME, at 10 days of the month of March 1988.

PROTOCOL FOR THE SUPPRESSION OF ILLICIT ACTS

AGAINST THE SECURITY OF FIXED PLATFORMS

FOUND ON THE CONTINENTAL SHELF

The States Parties to this Protocol,

BEING PARTS of the Convention for the Suppression of Unlawful Acts against Navigation Security Maritime,

RECOGNIZING that the reasons why the Convention has been drawn up also apply to platforms fixed located on the continental shelf,

TAKING INTO ACCOUNT the provisions of that Convention,

STATING that matters not regulated by this Protocol continue to be governed by the rules and principles of general international law,

WOKE up in the following:

ARTICLE 1st

1. The provisions of Articles 10 a 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 planned offences in Article 2nd of this Protocol when such offences are committed on board or against fixed platforms located on the continental shelf.

2. In cases where the Protocol is not applicable under paragraph 1st, it shall still apply when the author or alleged author of the offence is found in the territory of a State-Party other than the State in whose internal waters or territorial sea the fixed platform is located.

3. For the purposes of this Protocol, fixed platform means an artificial island, installation or structure permanently attached to the seabed with the purpose of exploitation or exploitation of resources or for other economic purposes.

ARTICLE 2nd

1. Any person commits offence if, illicit and intentionally:

(a) sequester or exercise control over a fixed platform, by force or threat of strength or any other form of intimidation ; or

(b) practice act of violence against person on board a fixed platform, if that act is capable of endanger the security of the latter ; or

(c) destroy a fixed platform or cause you damage that is capable of endangering your safety ; or

(d) put or maintain on a fixed platform, by any means, a device or substance that it is able to destroy it or to endanger its safety ; or

(e) injl or kill any person, in connection with the practice or attempted practice of either of the delights provided in the letters (a) to (d).

2. Any person also commits offense if:

(a) try to commit any of the offences provided for in paragraph 1 ; or

(b) to assist in the practice of any of these offences perpetrated by any person or for, from another form, accomplice of a person who commits such an offence ; or

(c) threaten, with or without condition, as laid out in national law, with the aim of compelling person physical or legal practice to be practiced or cease to practise any act, commit any of the offences provided for in paragraph 1, letters (b) and (c), if such threat is capable of endangering the security of the fixed platform.

ARTICLE 3rd

1. Each State-Party shall take the measures that are necessary to establish its jurisdiction over the offences provided for in Article 2nd when committed:

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

(c) by a natural of that State ;

2. A State-Party can also establish its jurisdiction over any offence when:

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

(b) during his practice, a national of that state is hijacked, threatened, injured or killed ; or

(c) is committed in an attempt to compelify that state to practice or quit practicing any act.

3. Any State-Party that has established the jurisdiction mentioned in paragraph II shall notify that fact to the Secretary-General of the International Maritime Organization (hereafter referred to as Secretary-General). If such a State-Party subsequently revoke that jurisdiction, it shall notify the Secretary-General.

4. Each State-Party shall take the measures necessary to establish its jurisdiction over the offences provided for in Article 2nd in cases where the alleged author is present in his territory and not extradite him to any of the States Parties that have established their jurisdiction in accordance with paragraphs 1 and 2 of this Article.

5. This Protocol does not exclude any criminal jurisdiction exercised in accordance with the national law.

ARTICLE 4th

Nothing that contains this Protocol will in any way affect the rules of international law pertinent to the fixed platform located on the continental shelf.

ARTICLE 5th

1. This Protocol shall be open for signature in Rome on March 10, 1988 and, in the International Maritime Organization (hereafter referred to as the Organization), from March 14, 1988 to March 9, 1989, by any State which has signed the Convention It will then remain open to accession.

2. States may express their consent to stay bound by this Protocol by means of:

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

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

(c) accession.

3. The ratification, acceptance, approval or accession shall be effected by the instrument deposit in that direction with the Secretary-General.

4. Only the State which has signed the Convention without reservation of ratification, acceptance or approval or which has ratified it, accepted, approved or acceding to it, may become a Party to this Protocol.

ARTICLE 6th

1. This Protocol shall enter into force ninety days after the date on which three States have signed it without reservation of ratification, acceptance or approval or have deposited instrument of ratification, acceptance, approval or accession in relation to it. Meanwhile, this Protocol will not enter into force before the Convention has entered into force.

2. For the State depositing instrument of ratification, acceptance, approval or accession in relation to this Protocol after the conditions for its entry into force have been met, ratification, acceptance, approval or accession shall enter into vigor ninety days after the date of such deposit.

ARTICLE 7th

1. This Protocol may be denounced by any State-Party in any time after a year counted from the date on which this Protocol enters into force for that State.

2. The complaint shall be effected by the deposit of the instrument of denunciation with the Secretary-General.

3. The complaint shall enter into force one year, or in longer term which may be specified in the instrument of denunciation, upon receipt of such an instrument by the Secretary-General.

4. Denunciation of the Convention by a State-Party shall be reputed as denunciation of this Protocol by that Party.

ARTICLE 8th

1. A conference for the purpose of revising or amending this Protocol may be convened by the Organization.

2. The Secretary-General shall convene a conference of the States Parties to this Protocol to revise it or to amend it, on request of one third of the States Parties or five States Parties, second the highest number.

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

ARTICLE 9th

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

2. The Secretary-General:

(a) shall inform all States that have signed this Protocol or acceding to it, as well as the all Members of the Organization, the following:

(i) each new subscription or deposit of instrument of ratification, acceptance approval or accession, along with their dates ;

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

(iii) the deposit of any instrument of denunciation of this Protocol, together with the date on which it is he has been received and the date on which the denunciation will enter into force ;

(iv) the receipt of any declaration or notification made in accordance with this Protocol or with the Convention in respect of this Protocol.

(b) shall refer certified faithful copies of this Protocol to all States which have signed it or that it has adhered to.

3. As soon as this Protocol enters into force, a certified faithful copy shall be remanded by the Depositary 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 made in a single original in the Arabic, Chinese, English, French, Russian and Spanish, each text being equally authentic.

IN TESTIMONY THAN the below signed, duly authorized by their respective governments to that purpose, they have signed this Protocol.

MADE IN ROME, at the 10 days of the month of March 1988.