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The United Nations Convention Against Transnational Organised Crime, Of The Protocol Against The Smuggling Of Migrants By Land, Sea And Air

Original Language Title: Par Apvienoto Nāciju Organizācijas Konvencijas pret transnacionālo organizēto noziedzību Protokolu pret migrantu nelikumīgu ievešanu pa zemes, jūras un gaisa ceļiem

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The Saeima has adopted and the President promulgated the following laws: the United Nations Convention against transnational organised crime, of the Protocol against the smuggling of migrants by land, sea and air article 1. 15 November 2000 United Nations Convention against transnational organised crime, of the Protocol against the smuggling of migrants by land, sea and air (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. In accordance with article 8 of the Protocol's sixth body that receives a request for assistance and responds to requests for assistance or requests to confirm the registration of the vessel or its right to fly the national flag, as well as receive requests authorization to the appropriate measures is the Ministry of the Interior and the Ministry of transport. 3. article. The law shall enter into force on the date of its promulgation. So this law is put for the Protocol in English, and its translation into Latvian language. 4. article. This Protocol shall enter into force on the 22nd for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 5. article. The Ministry of the Interior shall coordinate the fulfilment of the obligations provided for in the Protocol. The law adopted by the Parliament in the March 20, 2003. State v. President Vaira Vīķe-Freiberga in Riga 2003. on 10 April, the Protocol against the Smuggling of Migrants by the Land, sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime, G.A. res. 55/25, annex III, 55 U.N. GAOR Supp. (No. 49) at 65, U.N. Doc. A/45/49 (vol. (I)) (2001) preamble the States parties to this Protocol, Declaring that effective action to prevent and combat the smuggling of migrants by land, sea and air requires a comprehensive international approach, including cooperation, the exchange of information and other appropriate measure, including socio-economic measure, at the national, regional and international levels, Recalling General Assembly resolution 54/212 of 22 December 1999 , in which the Assembly urged Member States and the United Nations system to strengthen international cooperation in the area of international migration and development in order to address the root causes of migration, especially those related to poverty, and to maximize the benefits of international migration to those concerned, and encouraged, where relevant, interregional, regional and subregional mechanisms to continue to address the question of migration and development , Convinced of the need to provide migrants with humane treatment and full protection of their rights, Taking into account the fact that, despite work undertaken in other international forums, there is no universal instrument that addresses all aspects of smuggling of migrants and other related issues, Concerned at the significant increase in the activities of organized criminal groups in the smuggling of migrants and other related criminal activities set forth in this Protocol , which bring great harm to the States concerned, also concerned that the smuggling of migrants can endanger the lives or security of the migrants involved, Recalling the General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc Committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and of discussing the elaborations of in, inter alia, an international instrument addressing illegal trafficking in and transporting of migrants, including by sea, Convinced that supplementing the United Nations Convention against Transnational Organized Crime with an international instrument against the smuggling of migrants by the land, sea and air will be useful in preventing and combating that crime, have agreed as follows: i. General provision Article 1 Relations with the United Nations Convention against Transnational Organized Crime 1. This Protocol supplements the United Nations Convention against Transnational Organized Crime. It shall be interpreted together with the Convention. 2. The provision of the Convention shall apply, mutatis mutandis, to this Protocol unless otherwise provided for herein. 3. The established of the offenc in accordanc with article 6 of this Protocol shall be regarded as established in the offenc accordanc with the Convention.
Article 2 statement of purpose the purpose of this Protocol is to prevent and combat the smuggling of migrants, as well as to promote cooperation among States parties to that end, while protecting the rights of smuggled migrants.
Article 3 use of terms For the purpose of this Protocol: (a) "Smuggling of migrants" shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident; (b) "Illegal entry" shall mean crossing borders without complying with the requirements for legal entry cessary into the receiving State; (c) "Fraudulen travel or identity document" shall mean any travel or identity document: (i) that has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorized to make or issue the travel or identity document the one behalf of a State; or (ii) that has been improperly issued or obtained through misrepresentation, corruption or other unlawful dures or in any manner; or (iii) that is being used by a person other than the rightful holder; (d) "Vessel" shall mean any type of water craft, including non-displacement craft and seaplan, used or capable of being used as a means of transportation on water, except a fuels Pakistan, naval auxiliary or other vessel owned or operated by a Government and used, for the time being, only on Government non-commercial service.

Article 4 scope of application this Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offenc's established in accordanc with article 6 of this Protocol, where the transnational nature of the offenc in and an organized criminal group, involv as well as to the protection of the rights of persons who have been the object of such offenc. Article 5 Criminal liability of migrants migrants shall not become a liabl to criminal prosecution under this Protocol for the fact of having been the object of conduct set forth in article 6 of this Protocol. Article 6 Criminalization 1. Each State Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary establish criminal, when committed intentionally and in order to obtain, directly or indirectly, a financial or other material benefit: (a) the smuggling of migrants; (b) When committed for the purpose of enabling the smuggling of migrants: (i) Producing a fraudulen travel or identity document; (ii) Procuring, providing or possessing such a document; (c) Enabling a person who is not a national or a permanent resident to remain in the State concerned without complying with the requirements for legally remaining cessary in the State by the means mentioned in subparagraph (b) of this paragraph or any other illegal means. 2. Each State Party shall also be adop such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal: (a) subject to the basic concepts of its legal system, attempting to commit an offenc is established in accordanc with paragraph 1 of this article; (b) Participating as an accomplice in an offenc is established in accordanc with paragraph 1 (a), (b) (i) or (c) of this article and, subject to the basic concepts of its legal system, participating as an accomplice in an offenc is established in accordanc with paragraph 1 (b) (ii) of this article; (c) Organizing or directing other persons to commit an offenc is established in accordanc with paragraph 1 of this article. 3. Each State Party shall adop to such legislative and others measure may not be the axis of the axle of the cessary establish aggravating circumstanc to the established of the offenc in accordanc with paragraph 1 (a), (b) (i) and (c) of this article and, subject to the basic concepts of its legal system, to the established of the offenc in accordanc with paragraph 2 (b) and (c) of this article , of: (a) circumstanc that endanger, or are likely to endanger, the lives or safety of the migrant concerned; or (b) that entail inhuman or degrading treatment, including for exploitation, of such migrants. 4. Nothing in this Protocol shall prevent a State Party from taking the measure against a person whose conduct is under the constitut an offenc its domestic law. II. Smuggling of migrants by sea article 7 Cooperation States parties shall cooperate to the fulles the exten to possible to prevent and suppress the smuggling of migrants by sea, in accordanc with the international law of the sea. Article 8 of the Measure against the smuggling of migrants by sea 1. A State Party that has reasonable grounds to suspect that a vessel that is flying its flag or claiming its registry, that is without nationality or that, though flying a foreign flag or refusing to show a flag, is in reality of the nationality of the State Party concerned is engaged in the smuggling of migrants by sea may request the assistance of other States parties in suppressing the use of the vessel for that purpose. The States parties so requested shall render such assistance to the exten the possible within their means. 2. A State Party that has reasonable grounds to suspect that a vessel exercising freedom of navigation in accordanc with international law and flying the flag or displaying the marks of registry of another State Party is engaged in the smuggling of migrants by sea may so notify the flag State, request confirmation of registry and, if confirmed, request authorization from the flag State to take appropriate measure-with regards to that vessel. The flag State may authoriz the requesting State, inter alia: (a) To board the vessel; (b) To search the vessel; and (c) If evidence is found that the vessel is engaged in the smuggling of migrants by sea, to take appropriate measure-with respect to the vessel and persons and cargo on board, as authorized by the flag State. 3. A State Party that has taken any measure in accordanc with paragraph 2 of this article shall promptly inform the flag State concerned of the results of that measure. 4. A State Party shall responds expeditiously to a request from another State Party to the vessel determin whethers a that is claiming its registry or flying its flag is entitled to do so and to a request for authorization made in accordanc with paragraph 2 of this article. 5. A flag State may, consistent with article 7 of this Protocol, subject its authorization to conditions to be agreed by it and the requesting State, including conditions relating to responsibility and the exten of effective measure to be taken. (A) a State Party shall take no additional measure of without the express authorization of the flag State, except those not to relieve the imminen the cessary danger to the lives of persons or those which deriv from relevant bilateral or multilaterals agreements. 6. Each State Party shall designat an authority or, where not the authorities receive cessary, and responds to requests for assistance, for confirmation of registry or of the right of a vessel to fly its flag and for authorization to take appropriate measure. Such designation shall be notified through the Secretary-General to all other States parties within one month of the designation. 7. A State Party that has reasonable grounds to suspect that a vessel is engaged in the smuggling of migrants by sea and is without nationality or may be assimilated to a vessel without nationality may board and search the vessel. If evidence confirming the suspicion is found, that State Party shall take the appropriate measure in accordanc with relevant domestic and international law.
Article 9 1 of the clauss Safeguards where a State Party takes the measure against a vessel in accordanc with article 8 of this Protocol, it shall: (a) Ensur the safety and humane treatment of the persons on board; (b) take due account of the need not to endanger the security of the vessel or its cargo; (c) take due account of the need not to prejudice the commercial or legal interests of the flag State or any other interested State; (d), within available Ensur means, that any measure taken with regard to the vessel is environmentally sound. 2. Where the grounds for the measure taken pursuan to article 8 of this Protocol in the process to be unfounded, the vessel shall be compensated for any loss or damage that may have been sustained, provided that the vessel has not committed any act justifying the measure taken by the. 3. Any measure taken, adopted or implemented in accordanc with this chapter shall take due account of the need not to interfer with it be affec the or: (a) the rights and obligations and the exercise of jurisdiction of coastal States in accordanc with the international law of the sea; or (b) the authority of the flag State to exercise jurisdiction and control in administrative, technical and social matters involving the vessel. 4. Any measure taken at sea to this chapter shall pursuan be carried out only by military aircraft fuels Pakistan or, or by other ships or aircraft clearly marked and identifiabl as being on government service and authorized to that effect.

III. Prevention, cooperation and other measure of article 10 Information 1. Without prejudice to articles 27 and 28 of the Convention, States parties, in particular those with common borders or located on routes along which migrants with a smuggled, shall, for the purpose of achieving the objective of this Protocol, exchange among themselves, consistent with their domestic legal and administrative the respectiv systems, relevant information on matters such as (a) Embarkation and destination: points, as well as route, carrier and means of transportation, known to be or suspected of being used by an organized criminal group engaged in conduct set forth in article 6 of this Protocol; (b) the identity and methods of organizations or organized criminal groups known to be or suspected of being engaged in conduct set forth in article 6 of this Protocol; (c) the authenticity and proper form of travel documents issued by a State Party and the theft or related misus of blank travel or identity documents; (d) means and methods of transportation of persons and concealmen, the unlawful alteration, reproduction or acquisition or other misus of travel or identity documents used in conduct set forth in article 6 of this Protocol and ways of detecting them; (e) legislative experience and practice and measure to prevent and combat the conduct set forth in article 6 of this Protocol; and (f) Scientific and technological information useful to law enforcement, so as to enhance each other's ability to prevent, detect and investigat the conduct set forth in article 6 of this Protocol and to the prosecut those involved. 2. A State Party that receive the information shall comply with any request by the State Party that transmitted the information that places restriction on its use. Article 11 Border measure 1. Without prejudice to their international commitment in relations to the free movement of people, States parties shall strengthen, to the exten to possible, such border controls as may be does not prevent the cessary and detect the smuggling of migrants. 2. Each State Party shall adop a legislative or other appropriate measure to prevent, to the exten to possible, means of transport operated by commercial carrier from being used in the commission of the offenc is established in accordanc with article 6, paragraph 1 (a), of this Protocol. 3. Where appropriate, and without prejudice to applicable international convention, such measure shall include establishing the obligation of the commercial carrier, including any transportation company or the owner or operator of any means of transport, to ascertain that all contained with in possession of the travel documents required for entry into the receiving State. 4. Each State Party shall take the cessary measure, in accordanc with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article. 5. Each State Party shall consider taking measure of that permit, in accordanc with its domestic law, the denial of entry or revocation of all of the persons implicated in the commission of the offenc established in accordanc with this Protocol. 6. Without prejudice to article 27 of the Convention, States parties shall consider strengthening cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication. Article 12 Security and control of documents Each State Party shall take such measure may not be the axis of the cessary, within available means: (a) To ensur that travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and (b) To ensur the integrity and security of travel or identity documents issued by or on behalf of the State Party and to prevent their unlawful creation, issuance and use. Article 13 Legitimacy and validity of documents At the request of another State Party, a State Party shall, in accordanc with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for the purpose of conduct set forth in article 6 of this Protocol.
Article 14 Training and technical cooperation 1. States parties shall provide or strengthen specialized training for immigration and other relevant officials in preventing the conduct set forth in article 6 of this Protocol and in the humane treatment of migrants who have been the object of such conduct, while respecting their rights as set forth in this Protocol. 2. States parties shall cooperate with each other and with competent international organizations, non-governmental organizations, other relevant organizations and other elements of civil society as appropriate to ensur that there is an adequat personnels training in their territories to prevent, combat and eradicat the conduct set forth in article 6 of this Protocol and to protect the rights of migrants who have been the object of such conduct. Such training shall include: (a) Improving the security and quality of travel documents; (b) Recognizing and detecting fraudulen travel or identity documents; (c) Gathering criminal intelligence, relating in particular to the identification of organized criminal groups known to be or suspected of being engaged in conduct set forth in article 6 of this Protocol, the methods used to transport smuggled migrants, the misus travel or identity documents of for the purpose of conduct set forth in article 6 and the means of the used in the smuggling concealmen of migrants; (d) Improving procedures for detecting smuggled persons at conventional and non-conventional points of entry and exit; and (e) the humane treatment of migrants and the protection of their rights as set forth in this Protocol. 3. States parties with relevant expertise shall consider providing technical assistance to States that are frequently countries of origin or transit for persons who have been the object of conduct set forth in article 6 of this Protocol. States parties shall make every effort to provide the cessary resources, such as vehicles, computer systems and document readers, to combat the conduct set forth in article 6 article 15 Other prevention measure 1. Each State Party shall take measure to ensur that it provides or strengthen information programmes to increase public awareness of the fact that the conduct set forth in article 6 of this Protocol is a criminal activity frequently perpetrated by organized criminal groups for profit and that it the serious risk to tinder the migrant concerned. 2. In accordanc with article 31 of the Convention, States parties shall cooperate in the field of public information for the purpose of preventing potential migrants from falling victim to organized criminal groups. 3. Each State Party shall promote or strengthen, as appropriate, the development of the programme and cooperation at the national, regional and international levels, taking into account the socio-economics of migration and paying special realit in the economically and socially depressed area attention, in order to combat the root socio-economic causes of the smuggling of migrants, such as poverty and underdevelopmen.
Article 16 Protection and assistance measure 1. In implementing this Protocol, each State Party shall take, consistent with its obligations under international law, all appropriate measure, including legislation if it does not preserve and cessary protect the rights of persons who have been the object of conduct set forth in article 6 of this Protocol as accorded under applicable international law, in particular the right to life and the right not to be subjected to tortures or other cruel inhuman or degrading treatment, or punishment. 2. Each State Party shall take the appropriate measure to afford migrants appropriate protection against the violence that may be inflicted upon them, by individual or group whethers, by reason of being the object of conduct set forth in article 6 of this Protocol. 3. Each State Party shall afford appropriate assistance to migrants whose lives or safety are endangered by reason of being the object of conduct set forth in article 6 of this Protocol. 4. In applying the provision of this article, States parties shall take into account the special needs of women and children. 5. In the case of the detention of a person who has been the object of conduct set forth in article 6 of this Protocol, each State Party shall comply with its obligations under the Vienna Convention on Consular Relations, where applicable, including that of informing the person concerned without delay about the provision concerning notification to and communication with consular officers in it.
Article 17 agreements and arrangements of the States parties shall consider the conclusion of bilateral or regional agreements or operational arrangements or understanding is aimed at: (a) Establishing the most appropriate and effective measure to prevent and combat the conduct set forth in article 6 of this Protocol; or (b) Enhancing the provision of this Protocol among themselves.

Article 18 of the smuggled migrants Return ' 1. Each State Party agree to facilitat and accept, without delay, of the undu unreasonabl or the return of a person who has been the object of conduct set forth in article 6 of this Protocol and who is its national or who has the right of permanent residence in its territory at the time of return. 2. Each State Party shall consider the possibility of facilitating and accepting the return of a person who has been the object of conduct set forth in article 6 of this Protocol and who had the right of permanent residence in its territory at the time of entry into the receiving State in accordanc with its domestic law. 3. At the request of the receiving State Party, a requested State Party shall, without delay, of the undu unreasonabl or verify whethers a person who has been the object of conduct set forth in article 6 of this Protocol is its national or has the right of permanent residence in its territory. 4. In order to the return of a facilitat a person who has been the object of conduct set forth in article 6 of this Protocol and is without proper documentation, the State Party of which that person is a national or in which he or she has the right of permanent residence shall agree to issue, at the request of the receiving State Party , such travel documents or other authorization as may be not to enable the person cessary to travel to and re-enter its territory. 5. Each State Party involved with the return of a person who has been the object of conduct set forth in article 6 of this Protocol shall take all appropriate measure to carry out in an orderly manner the return and with due regard for the safety and dignity of the person. 6. States parties may cooperate with relevant international organizations in the implementation of this article. 7. This article shall be without prejudice to any right afforded to persons who have been the object of conduct set forth in article 6 of this Protocol by any domestic law of the receiving State Party. 8. This article shall not be affec the obligation is entered into under any other treaty, bilateral or applicable multilaterals, or any other applicable operational agreement or through the that govern, in whole or in part, the return of persons who have been the object of conduct set forth in article 6 of this Protocol. IV. Final provision Article 19 Saving clause 1. Nothing in this Protocol shall be affec the other rights, obligations and responsibilities of States and international law, including individual under international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention and the 1967 Protocol relating to the status of refugees and the principle of non-refoulemen as led therein. 2. The measure of a set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are the object of conduct set forth in article 6 of this Protocol. The interpretation and application of those measure shall be consistent with the internationally recognized principles of non-discrimination.
Article 20 settlement of dispute of l. States parties shall endeavour to settle the dispute concerning the interpretation or application of this Protocol through negotiation. 2. Any dispute between two or more States parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States parties are unable to agree on the organization of the arbitration, any one of those States parties may refer the dispute to the International Court of justice by request in accordanc with the Statute of the Court. 3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph 2 of this article. The other States parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation. 4. Any State Party that has made a reservation in accordanc with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
Article 21 signature, ratification, acceptance, approval and accession 1 this Protocol shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.2. This Protocol shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Protocol in accordanc with paragraph 1 of this article. 3. This Protocol is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewis. In that instrument of ratification, acceptance or approval, such organization shall declare the exten of its competence with respect to the matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the exten of its competence. 4. This Protocol is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Protocol. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the exten of its competence with respect to matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the exten of its competence.
Article 22 Entry into force this Protocol shall enter 1 into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, except that it shall not to enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization. 2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth instrument of such action, this Protocol shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Protocol enter into force pursuan to paragraph 1 of this article , whichever is the later.
Article 23 Amendment 1. After the expiry of five years from the entry into force of this Protocol, a State Party to the Protocol may proposes an amendment and file it with the Secretary-General of the United Nations shall thereupon communicate who the proposed amendment to the States parties and to the Conference of the parties to the Convention for the purpose of considering and deciding on the proposal. The States parties to this Protocol meeting at the Conference of the Parties shall make every effort to achieve a consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States parties to this Protocol present and voting at the meeting of the Conference of the parties. 2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are parties to this Protocol. Such organizations shall not exercise their right to vote if their member States exercise their and vice versa. 3. An amendment adopted in accordanc with paragraph 1 of this article is subject to ratification, acceptance or approval by States parties. 4. An amendment adopted in accordanc with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment. 5. When an amendment to enter into force, it shall be binding on those States parties which have expressed their consent to be bound by it. "Other States parties shall still be bound by the provision of this Protocol and any earlier amendments that they have ratified, accepted or approved. Article 24 Denunciation 1 A State Party may denounc this Protocol by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General. 2. A regional economic integration organization shall cease to be a Party to this Protocol when all of its member States have denounced it. Article 25 Depositary and languages 1. The Secretary-General of the United Nations is designated depositary of this Protocol. 2. The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In WITNESS WHEREOF, the undersigned, being duly authorized to plenipotentiar by their respectiv theret in Governments, have signed this Protocol.

THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANISED CRIME, THE PROTOCOL AGAINST THE SMUGGLING OF MIGRANTS BY LAND, SEA AND AIR

Preamble the Member States of the present Protocol, declaring that effective action to prevent and combat the illegal entry of migrants by land, sea and air requires a comprehensive international approach, including cooperation, the exchange of information and other appropriate measures, including socio-economic measures at national, regional and international levels, with reference to the General Assembly of 22 December 1999, resolution 54/212, in which the Assembly invited Member States and the United Nations system to strengthen international cooperation on international migration and development to address the root causes of migration, especially those related to poverty, and to maximize the benefits of international migration posed to those who are interested, and encouraged international, regional and subreģionālo mechanisms, where appropriate, to continue to address the question of migration and development, convinced of the need to ensure humane treatment of migrants and their full rights, taking into account the fact that, despite the work done in other international forums , there is no universal instrument that addresses all of the illegal import of migrants and other related issues, concerns about organised criminal groups engaged in the illegal entry of migrants and other related criminal referred to in this Protocol of activities that cause great evil, will care for the countries concerned also that illegal migrants can endanger the lives or safety of the migrants, referring to the General Assembly on 9 December 1998 resolution 53/111 , in which the Assembly decided to create an open intergovernmental ad hoc Committee for the purpose of developing a comprehensive International Convention against transnational organized crime and to discuss, inter alia, an international legal act that address the import of illegal migrants and for transportation, including by sea, convinced that the United Nations Convention against transnational organised crime, augmented by international legislation against the smuggling of migrants by land , sea and air will be useful in order to prevent and combat these criminal offences, have agreed as follows: i. General provisions article 1 relation with the United Nations Convention against transnational organised crime 1. this Protocol supplements the United Nations Convention against transnational organised crime. It is interpreted in conjunction with the Convention. 2. The provisions of the Convention apply mutatis mutandis to this Protocol, unless otherwise indicated herein. 3. Criminal offences that the recognised in accordance with article 6 of this Protocol, are considered criminal offences, which are recognised as such in accordance with the Convention. Article 2 objectives The Protocol aims to prevent and combat the illegal entry of migrants, as well as in the end to encourage cooperation between Member States, while ensuring that illegally imported into the protection of the rights of migrants.
Article 3 use of terms for purposes of this Protocol: (a) "illegal entry of Migrants" means the provision, in order to acquire, directly or indirectly, a financial or other benefit to a Member State could not legally enter a person who is not its citizen or permanent resident; (b) "illegal entry" shall mean crossing borders without the necessary provisions for legal entry to the host country; (c) "Fraudulent travel or identity document" shall mean any travel or identity document: (i) which is false or that is substantially changed, any person who is not lawfully authorized officer or institution with the right to make or issue the travel or identity document on behalf of a State; or (ii) who is not a duly issued or obtained by submitting false data, through corruption or coercion, or in any other unlawful manner; or (iii) that is being used by a person other than the rightful holder; (d) "vessel" shall mean any type of water transportation, including means of transport without a draught and a floatplane, the water which is used or to be used as a means of transportation on water, except a warship, naval fleet apkalpojošo ship or other ship, owned or used by any Government and that, given time, are used only on Government non-commercial service.
Article 4 Application limits this Protocol, unless otherwise specified, it is applied to prevent, investigate and punish criminal offences of such recognised in accordance with article 6 of this Protocol, where those offences are transnational in nature and if the offence is involved in the criminal group, as well as to protect the rights of persons who have been the object of a criminal offence. Article 5 criminal liability of migrants migrants are not subject to criminal prosecution under this Protocol for the fact that they have been the object of the actions set out in article 6 of this Protocol. 6. Article criminalising 1. each Member State shall take the necessary legislative and other measures to criminalise identified the following activities that are committed deliberately and with a view to acquire, directly or indirectly, a financial or other material benefit: (a) the entry of illegal migrants; (b) actions taken for the purpose of facilitating the smuggling of migrants; (i) false travel or identity document fabrication; (ii) the document supply, transfer or possession; (c) the possibility of any person who is not a national or permanent resident, to stay in the country without the necessary legal residence requirements, using the funds referred to in this part, (b) or any other illegal means. 2. each Member State shall take the necessary legislative and other measures to criminalise in recognition of the following: (a) respecting the fundamental principles of the legal system-the attempt of the crime that is recognised as such in accordance with part 1 of this article; (b) participating as an accomplice (member) in a violent crime that is recognised as such in accordance with part 1 of this article, (a), (b) (i) or (c), and, in compliance with its legal system, participating as an accomplice (member) in a violent crime that is recognised as such in accordance with part 1 of this article, (b) (ii); (c) another person or organisation, if they make a criminal offence, which is recognised as such in accordance with part 1 of this article. 3. Each Member State shall take the necessary legislative and other measures to the aggravating circumstances of a criminal offence in the cases of such recognised in accordance with this part of article (a), (b) (i) and (c), and, in keeping with their fundamental principles of the legal system, the criminal offence cases as recognised under this article, part 2, (b) and (c), the recognition of such circumstances : (a) those which endanger or may endanger the life or safety of the migrants; or (b) relating to inhuman or degrading treatment with these migrants, including operational purposes. 4. Nothing in this Protocol can not impede the outlined in the Member State to take action against a person whose activity is recognized as a criminal offence, in accordance with its internal laws.
II. the illegal entry of Migrants by sea article 7 cooperation States the maximum cooperate to prevent and combat the smuggling of migrants by sea, in accordance with the international law of the sea.

Article 8 measures against the import of illegal migrants by sea 1. A Member State which has reasonable grounds to suspect that a ship that flies the flag of the country or to indicate that it is registered, which is without nationality or which, though it flies the flag of another State, or refuse to show their flag, in fact, is registered in the Member State concerned is involved in the importation of illegal migrants by sea You can ask other members to help prevent the use of the vessel for that purpose. Member States which have received such a request, shall provide such assistance at your own pace. 2. A Member State which has reasonable grounds to suspect that a vessel exercising freedom of navigation in accordance with international law and flying the flag of another Member State or another Member State who has registration marks, is involved in the importation of illegal migrants by sea may so inform the flag State of the vessel concerned, to ask for confirmation of registration and, if it is approved, ask the permission of the flag State to take appropriate measures against such vessels. The flag State may authorize the requesting State of the application, inter alia: (a) climb on this ship; (b) to search the vessel; and (c) if evidence is found that the vessel is engaged in the importation of illegal migrants by sea, to take appropriate measures against this ship and the people on board and the cargo in accordance with the authorisation of the flag State. 3. a Member State which has taken any action in accordance with this article, part 2, immediately inform the flag State concerned of the results of the measure. 4. the Member State shall without delay the response to the request of another Member State to determine whether a vessel that is registered in it or flying its flag is entitled to do, as well as to respond to a request for authorization submitted in accordance with this article, part 2. 5. a flag State may, in accordance with article 7 of the present Protocol to add to your permission in addition to the conditions that are matched with the requesting State, including conditions regarding accountability and effective measure is carried out. A member shall not take any further steps without the flag State the explicit permission, except as necessary to prevent an imminent threat to human life, as well as those deriving from the relevant bilateral and multilateral agreements. 6. each Member State shall determine the authorities or, if necessary, the institution that receives and responds to requests for assistance, requests to confirm registration or what the ship's right to fly its flag and to provide authorization to take appropriate measures. The institution or institutions are notified through the Secretary-General to all other Member States within one month. 7. A Member State which has reasonable grounds to suspect that a vessel is engaged in the importation of illegal migrants by sea and it is not a nationality or that it can be assimilated to a ship without nationality, can climb on and crawl this ship. If you find evidence to confirm these suspicions, the Member State concerned shall take appropriate measures in accordance with its internal laws and international law.
Article 9 protection provisions 1. when a Member State implements the measures against a vessel in accordance with article 8 of this Protocol, it shall: (a) ensure the safety of persons on board and the humane handling them; (b) take due account of the need not to endanger the safety of the ship or its cargo; (c) take due account of the need not to endanger the flag State or any other interested State commercial or legal interests; (d) ensure, within available means, to any measures taken in relation to the ship, would be environmentally safe. 2. If the themes measures in accordance with article 8 of this Protocol prove to be unfounded, the vessel will be compensated for any loss or damage suffered, provided that the vessel has not carried out any operations that justify the measures taken. 3. introducing or implementing any measures under this chapter, shall take due account of the need not to interfere and not to izskar: (a) coastal States ' rights and obligations, as well as the application of their jurisdiction in accordance with the international law of the sea; or (b) the right of the flag State to exercise jurisdiction and control in administrative ship, technical and social issues. 4. Any measures at sea pursuant to this chapter shall be implemented only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as belonging to the Government and duly authorised. III. Prevention, cooperation and other measures article 10 information 1. Without prejudice to the 27 and 28 of the Convention the provisions of article, the Member States, in particular those with common borders or located on routes on which they are illegal migrants, the transport protocol for the purposes of achieving the objectives in keeping with their respective internal legal and administrative systems, exchange relevant information on issues such as: (a) boarding and shipping points as well as routes, carriers and means of transport, known or suspected of having used a criminal group organized, involved in this Protocol referred to in article 6 activities; (b) the organisations or organised criminal group identity and methods on which the known or suspected to be involved in this Protocol referred to in article 6 activities; (c) the travel document issued by a Member State of the authentic features and proper form as well as a travel document or identity theft or related to illegal use; (d) the people hiding and transport methods, travel or identity document, modification of the illegal manufacture or acquisition, or other illegal use in connection with article 6 of this Protocol, the following, and their discovery; (e) Legislative experiences, practices and measures to prevent and combat this Protocol referred to in article 6; and (f) scientific and technological information useful to law enforcement, improving the ability of Member States to prevent, detect and investigate the Protocol referred to in article 6, and subject to prosecution for those involved. 2. the requested Member State is obliged to comply with all of the information the transferring Member State limits the use of the information. Article 11 border measures 1. Without prejudice to international commitments in relation to the free movement of people, the Member States shall strengthen border control measures necessary to prevent and detect the smuggling of migrants. 2. each Member State shall take legislative and other necessary measures to prevent the use of commercial carriers to transport the aim of criminal offences, as recognised in accordance with article 6 of this Protocol, part 1 (a). 3. when necessary, and without prejudice to applicable international conventions, such measures should include the imposition of liability for commercial carriers, including any transportation company or the owner of any vehicle or the operator, make sure that all passengers have travel documents required for entry to the host country. 4. each Member State shall, in accordance with their internal laws, take the necessary steps to establish penalties for part 3 of this article in respect of breaches referred to. 5. each Member State will examine the possibility of taking such measures, which allow, in accordance with its internal laws, prevent the entry into or withdraw visas to persons involved in accordance with this Protocol the specific criminal offence. 6. Without prejudice to article 27 of the Convention, Member States shall consider the possibility of taking such measures to strengthen cooperation between border control authorities, including by establishing and maintaining direct channels of communication.
Article 12 security and control of documents each Party shall, within its capabilities, to take the necessary measures to: (a) ensure that they issued the travel or identity document of such quality that prevent the illegal use or falsify and alter, reproduce or issue; and (b) ensure that the Member State concerned or in the name of protecting the travel documents and safety and prevent illegal manufacture, issuance and use.
Article 13 legitimacy and validity of documents at the request of another Member State the Member State in accordance with their internal laws in term of reasonable verification of the travel or identity document and the validity, legality in the name or as issued and for which there is a suspicion that they are used in article 6 of this Protocol of the operations.

Article 14 training and technical cooperation 1. Member States shall ensure or improve training for law enforcement, immigration and other officials to fix the Protocol activities referred to in article 6 and implement humanitarian handling of migrants who have been the object of the action, with respect for their rights under this Protocol. 2. Member States shall cooperate with each other and with competent international organizations, non-governmental organisations, other relevant organisations and other elements of civil society concerned to ensure adequate personnel training in their territories to prevent, combat and eradicate this Protocol referred to in article 6 activities and to defend the rights of migrants who have been the object of such activities. This training shall include: (a) travel document security and quality; (b) false travel or identity document recognition and detection; (c) the collection of operational information, including information relating to the identification of criminal organized group that is known or suspected that the Protocol referred to in article 6 of the operation, collecting information on those methods, which are used to transport illegal migrants to multiplication, illegal use of travel or identity documents article 6 of this Protocol in its activities, and for hiding features that are used in the importation of illegal migrants; (d) the improvement of procedures for the detection of persons entering conventional and unconventional in the entry and exit points; and (e) the humane treatment of migrants and the protection of the rights laid down in the Protocol. 3. Member States with relevant experience to look for opportunities to provide technical assistance to States, which often is the person the country of origin or transit countries that have experienced this Protocol activities referred to in article 6. Member States shall make every effort to provide the necessary resources, such as traffic tools, computer systems and document readers, to combat the Protocol referred to in article 6.
Article 15 other preventive measures 1. each Member State shall take steps to ensure that the information in the preparation or improvement of programs that increase public awareness of the fact that article 6 of this Protocol, such activities are criminal activities, which made often by organised criminal groups for profit and that, where appropriate, its serious threat to migrants. 2. in accordance with article 31 of the Convention, the Member States shall cooperate in the field of public information in order to deter potential migrants of opportunities to become organised criminal groups. 3. each Member State shall develop or enhance development programmes and cooperation at national, regional and international levels, taking into account the socio-economic realities of migration and paying special attention to the socially and economically backward areas to fight against those socio economic root causes, what causes the movement of illegal migrants, such as poverty and lack of development.
Article 16 protection and assistance measures 1. in implementing this Protocol, each Member State shall, in accordance with its obligations under international law, take all necessary measures, including legislation if necessary, to respect and protect the rights of persons who have been in this Protocol referred to in article 6 of the transaction object, in accordance with the relevant rules of international law, particularly the right to life and the right not to be subjected to torture or other cruel people or, inhuman and degrading treatment or punishment. 2. each Member State shall implement the necessary measures to ensure that migrants appropriate protection against violence that they could cause individual people or groups on the grounds that they have been on this Protocol activities referred to in article 6. 3. each Member State shall provide appropriate assistance for those migrants whose lives or safety are endangered due to the fact that they have been on this Protocol activities referred to in article 6. 4. in applying this article, Member States shall take account of women's and children's special needs. 5. in the event of discovery of any person who has had this Protocol activities referred to in article 6 of the object, each Member State shall observe their obligations under the Vienna Convention on consular relations, where applicable, including the obligation, without delay, inform the person concerned of the provisions concerning the reporting of consular officials and for communication with these officials.
Article 17 other arrangements Member States shall examine the opportunity to enter into bilateral or regional arrangements or additional operational arrangements that are designed to: (a) to take the most appropriate and effective measures to prevent and combat this Protocol referred to in article 6; or (b) to extend the provisions of this Protocol.
Article 18 illegal imported migrant return 1. Each Member State shall undertake, without undue or unreasonable delay, to promote the return of a person and that you have had this article 6 of the Protocol, the activities in which the object is its national or who has a permanent residence permit in the territory during its return. 2. each Member State will examine the possibility of facilitating the readmission of a person who has had this Protocol referred to in article 6 of the operation, that has been the object of permanent residence in its territory in accordance with their internal laws, at a time when the person concerned is raiding the host country. 3. at the request of the host Member State, the Member State concerned shall, without undue or unreasonable delay, verify whether a person who has had this Protocol referred to in article 6 of the action object is its citizen or has permanent residence in its territory. 4. in order to facilitate the return of a person who has had this Protocol activities referred to in article 6 of the object and which does not have the proper documentation, the State of which a citizen is the person or in which that person has a permanent residence permit, and at the request of the host country undertakes to issue the necessary travel documents or other authorization, the person to be able to travel to and return to its territory. 5. each Member State, which is involved in sending back a person who has had this Protocol activities referred to in article 6, the object shall take all measures necessary to ensure that the return and in an appropriate manner, taking into account the person's safety and dignity. 6. Member States may cooperate with relevant international organisations, to ensure the implementation of the provisions of this article. 7. This article shall not prejudice any rights granted to persons who have been in this Protocol referred to in article 6 of the transaction object, the host Member State, in accordance with the internal laws. 8. This article shall not affect obligations under any applicable bilateral or multilateral agreement or any other applicable agreement or agreements that fully or partially determined by the return of persons who have been in this Protocol referred to in article 6 of the transaction object.

IV. Final provisions article 19 1 of the collateral rules. None of this Protocol shall not affect the public and individuals other rights, obligations and responsibilities under international law, including international humanitarian law and international human rights, and, including, when applicable, the 1951 Convention and the 1967 Protocol on the status of refugees and the principle of sending not laid-back. 2. the measures provided for in This Protocol are interpreted and applied in a manner that does not discriminate against persons on the grounds that they have been in article 6 of this Protocol the object. The interpretation and application of these measures must be consistent with internationally recognized principles of non-discrimination. Article 20 settlement of disputes 1. Member States shall endeavour to resolve disputes on the agenda of the negotiations related to the interpretation and application of this Protocol. 2. any dispute between two or more Member States, if they are in a reasonable time period cannot be resolved through negotiation, is one of the Member States of the request for arbitration. If within six months of the request to examine a dispute arbitration, these Member States have not been able to agree on the Organization of the arbitration, any of those Member States may refer the dispute to the United Nations International Court of Justice, at the time applications are submitted, in accordance with the Statute of the Court. 3. each Member State this Protocol of signature, ratification, acceptance or approval of or during the time when it joins this Protocol, declare that it does not believe this article is part 2 of a binding. Other Member States are not bound by part 2 of this article in respect of any Member State which has made such a reservation. 4. Any Member State which has made the reservation mentioned in part 3 may at any time withdraw such reservation by notifying the Secretary-General of the United Nations. Article 21 signature, ratification, acceptance, approval and accession 1 this Protocol shall be open for signature by all States from 12 December 2000 to 15 December in Palermo, Italy, and then the United Nations Headquarters in New York until 12 December 2002. 2. This Protocol is open for signature or regional economic integration organisations provided that at least one Member State of such organization has signed this Protocol in accordance with part 1 of this article. 3. This Protocol is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be submitted to the Secretary-General of the United Nations. Regional economic integration organisations can submit their instruments of ratification, acceptance or approval if it made at least one Member State of the organisation concerned. Instruments of ratification, acceptance or approval of the Act, the organization concerned shall communicate to the extent of its competence in respect of matters governed by this Protocol. Such organization shall also inform the depositary of documents of any material changes to the extent of its competence. 4. this Protocol shall be open to accession by any State or any regional economic integration organization, if at least one Member State is a Member State of this Protocol. Documents for accession are submitted to the Secretary-General of the United Nations. At the time of accession, regional economic integration organization shall declare the extent of its competence in respect of matters governed by this Protocol. Such organization shall also inform the depositary of documents of any material changes to the extent of its competence. Article 22 entry into force 1 This Protocol shall enter into force on the 90th day after the fortieth ratification of the document, approval, acceptance or accession, the date of submission, but on condition that it shall not enter into force before the entry into force of the Convention. For the purposes of this part, any document submitted by a regional economic integration organization shall not be counted in addition to the documents submitted by the Member States of this organization. 2. for each State or regional economic integration organization that ratifies, accepts or approves the present Protocol or accede after the submission of the document for the exactly in such action, this Protocol shall enter into force on the thirtieth day after such a State or organization has submitted the relevant document or the date when this Protocol enters into force in accordance with this part of article, whichever of these dates there later.
Article 23 amendments 1. five years after the entry into force of this Protocol the Protocol, a Member State may propose amendments and submit them to the registration with the United Nations Secretary-General, who then announces proposed amendments to the other Member States and to the Conference of the parties to the Convention, with the aim to review and take a decision on such a proposal. Protocol by the Member States, meeting within the Conference, Member States shall endeavour to achieve consensus on each amendment. If all efforts to reach consensus and agreement has failed to achieve the adoption of the amendment to the last instance requires the Conference of the parties to the Protocol present and voting Member of the two-thirds majority. 2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote in accordance with this article, and they owned a number of votes equal to the number of Member States that are parties to this Protocol. Such organisations may not use their right to vote if their Member States exercise theirs, and vice versa. 3. an amendment adopted in accordance with part 1 of this article, Member States may ratify, approve or accept. 4. An amendment adopted in accordance with this part of article, Member States shall enter into force ninety days after the date on which the Secretary-General of the United Nations submitted a document on ratification of this amendment, approval or acceptance. 5. when the amendment enters into force, it shall be binding on those Member States which have recognised it as binding. Other Member States will remain bound by the provisions of the present Protocol and any earlier amendments that they have ratified, approved or accepted. Article 24 denunciation 1. a Member State may denounce this Protocol by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date on which the Secretary-General received the following announcement. 2. the regional economic integration organisation shall cease to be a member when this Protocol this Protocol denonsējuš all Member States of the organisation. Article 25 depositary and languages 1. The Secretary-General of the United Nations is the depositary of this Protocol is appointed. 2. the original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish languages being equally authentic, and shall be deposited with the Secretary-General of the United Nations. In witness whereof, the undersigned plenipotentiaries, which empowered the respective Governments, have signed this Protocol.