(1) For the purposes of this Convention:

(a)

"Ship" means a marine vessel of any type, not permanently attached to the bottom of the sea, including dynamic bearing gear, submersible equipment or any other floating gear.

(b)

"Transport" means engaging, organizing the movement of a person or product or exercising effective control, including decision-making authority, on that movement.

(c)

"Tangible or material injury" means:

(i)

Serious bodily injury; or

(ii)

Massive destruction of a public place, government or public facility, infrastructure or public transportation system resulting in significant economic loss; or

(iii)

Substantial damage to the environment, including air, soil, water, flora or fauna.

(d)

"NCBs" means:

(i)

"Biological weapons" which are:

1.

Microbiological or other biological agents, as well as toxins of whatever origin or mode of production, of types and quantities not intended for prophylactic, protective or other purposes Peaceful, or

2.

Weapons, equipment or vectors for the use of such agents or toxins for hostile purposes or in armed conflicts;

(ii)

"Chemical weapons" that are, taken together or separately:

1.

Toxic chemicals and their precursors, with the exception of those intended for:

A)

Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes, or

(B)

For the purposes of protection, that is, the purposes that are directly related to the protection against toxic chemicals and the protection against chemical weapons or

(C)

Military purposes unrelated to the use of chemical weapons and which are not dependent on the use, as a means of war, of toxic properties of chemicals or

D)

The maintenance of public order, including domestic riot control,

As long as the types and quantities involved are compatible with such purposes,

2.

Munitions and devices specifically designed to cause death or other damage by toxic action of toxic chemicals defined in para. (ii) 1), which would be released as a result of the use of such munitions and devices,

3.

Any equipment specifically designed for use in direct connection with the use of ammunition and devices defined in para. (ii) 2);

(iii)

Nuclear weapons and other nuclear explosive devices.

(e)

"Toxic chemical" means any chemical that, through its chemical action on biological processes, can cause death, temporary incapacity or permanent damage in humans or animals. This includes all chemical products of this type, regardless of their origin or mode of manufacture, whether they are obtained in facilities, in munitions or elsewhere.

(f)

"Precursor" means any chemical reagent that enters any stage in the manufacture of a toxic chemical, regardless of the process used. This includes any key component of a binary or multi-component chemical system.

(g)

"Organization" means the International Maritime Organization (IMO).

(h)

"Secretary-General" means the Secretary-General of the Organization.

(2) For the purposes of this Convention:

(a)

The terms "public place", "government or public facility", "infrastructure", and "public transportation system" have the same meaning as in the International Convention for the Suppression of Terrorist Bombings concluded in New York December 15, 1997 and

(b)

The terms "raw material" and "special fissile material" within the meaning of the Statute of the International Atomic Energy Agency (IAEA) ² , established in New York on 26 October 1956.

This Convention shall not apply to:

(a)

Warships; or

(b)

Ships belonging to a State or operated by a State when used as auxiliary warships or for customs or police purposes; or

(c)

Ships that have been removed from navigation or disarmed.

2. Nothing in this Convention shall affect the immunities enjoyed by warships and other State ships used for non-commercial purposes.

Nothing in this Convention shall affect the other rights, obligations and responsibilities of States and individuals under international law, in particular the purposes and principles of the Charter of the United Nations International human rights and international humanitarian law.

(2) This Convention shall not apply to the activities of the armed forces in times of armed conflict, in the sense of those terms in international humanitarian law, which are governed by that right, or to the activities carried out by the armed forces of a State In the performance of their official duties, as they are governed by other rules of international law.

Nothing in this Convention shall affect the rights, obligations and responsibilities arising out of the Treaty on the Non-Proliferation of Nuclear Weapons ² , concluded in Washington, London and Moscow on 1 ^Er July 1968, of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction ³ , concluded in Washington, London and Moscow on 10 April 1972 or the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction ⁴ , concluded in Paris on 13 January 1993, for the States Parties to those treaties.

1. Every person who unlawfully and deliberately is guilty of an offence under this Convention: ¹

(a)

Seize or control a ship by violence or threat of violence; or

(b)

Carries out an act of violence against a person on board a ship, if that act is such as to endanger the safety of the ship's navigation; or

(c)

Destroys a ship or causes to a ship or its cargo damage that may affect the safety of the ship's navigation; or

(d)

Place or cause to be placed on a ship, by any means, a device or substance capable of destroying the ship or causing damage to the ship or its cargo that compromises or is likely to endanger the safety of the ship Vessel navigation; or

(e)

Destroys or seriously damages or seriously disrupts the operation of marine navigation facilities or services, if any such act is such as to endanger the safety of the navigation of a ship; or

(f)

Communicates information that is known to be false and, as such, compromises the safety of a ship's navigation.

(g) ²

...

2. ³ Any person who threatens to commit any of the offences referred to in s. 1 (b), (c) and (e), if that threat is such as to endanger the safety of the navigation of the ship in question, whether or not the threat is accompanied by a requirement under domestic law in order to compel a natural or legal person to Perform or refrain from performing any act.

1. Every person who unlawfully and deliberately is guilty of an offence under this Convention:

(a)

Where such act, by its nature or context, is intended to intimidate a population or to compel a government or an international organization to perform or refrain from doing any act:

(i)

Uses against or on board a ship, or is discharged from a ship, explosives, radioactive material or an NCB, in a manner that causes or is likely to cause death or serious bodily injury, or

(ii)

Discharges, from a ship, hydrocarbons, liquefied natural gas, or other harmful or potentially dangerous substances that are not covered by para. (a) (i) in quantities or concentrations that cause or are likely to cause serious bodily or material injury, or

(iii)

Uses a ship in a manner that causes death or serious bodily injury, or

(iv)

Threat to commit any of the offences referred to in para. (a) (i), (ii) or (iii), the said threat with or without, under domestic law, a condition; or

(b)

Carry on board a ship:

(i)

Explosives or radioactive materials, knowing that they are intended to cause or threaten to cause death, personal injury or serious material, whether or not the threat is accompanied by a condition under domestic law, To intimidate a population or to compel a government or an international organization to perform or refrain from doing any act, or

(ii)

Any NCB weapon, in the knowledge that it is an NCB weapon within the meaning of Art. 1, or

(iii)

Raw materials or special fissile materials, equipment or materials specially designed or prepared for the processing, use or production of special fissionable products, knowing that such materials, products or equipment are intended Nuclear explosive activity or any other nuclear activity not subject to safeguards under a comprehensive IAEA safeguards agreement, or

(iv)

Equipment, materials or software or related technologies which contribute significantly to the design, manufacture or launch of an NCB weapon, with the intention to use them for this purpose.

2. It is not an offence under the Convention to transport goods or materials referred to in s. 1 (b) (iii) or, to the extent that they relate to a nuclear weapon or other nuclear explosive device, at para. 1 (b) (iv), if those goods or materials are transported to or from the territory of a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons or under its control, where:

(a)

The transfer or receipt of the resulting goods or materials, including within a State, is not contrary to the obligations of that State Party arising out of the Treaty on the Non-Proliferation of Nuclear Weapons; and

(b)

If the goods or materials are intended for a vector of a nuclear weapon or other nuclear explosive device of a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons, the possession of that weapon or device is not contrary The obligations of that State Party under the said Treaty.

Every person who unlawfully and deliberately carries on board a ship another person is guilty of an offence under this Convention knowing that the person has committed an act that constitutes an offence under s. 3, 3 ^Bis Or 3 ^Cc Or one of the offences covered by any of the treaties listed in the Schedule and with the intention of assisting the person to avoid criminal prosecution.

A person also commits an offence within the meaning of this Convention any person who:

(a)

Unlawfully and deliberately injures or kills any person, where these facts present a connection with the commission of one of the offences referred to in subs. 1 of the art. 3 or art. 3 ^Bis Or 3 ^Ter ; or

(b)

Attempts to commit an offence under s. 1 of the art. 3, para. 1 (a) (i), (ii) or (iii) of Art. 3 ^Bis Or para. (a) of this section; or

(c)

Becomes an accessory to an offence under s. 3, 3 ^Bis Or 3 ^Ter Or para. (a) or (b) of this section; or

(d)

Organizes the commission of an offence under s. 3, 3 ^Bis Or 3 ^Ter Or para. (a) or (b) of this section, or gives the order to other persons to commit it; or

(e)

Contributes to the commission of one or more of the offences referred to in s. 3, 3 ^Bis Or 3 ^Ter Or para. (a) or (b) of this section, by a group of persons acting in concert, that contribution being deliberate and made either:

(i)

To facilitate the criminal activity of the group or to serve the purpose of the group, where such activity or purpose involves the commission of an offence under s. 3, 3 ^Bis Or 3 ^Ter , or

(ii)

Knowing that the group intends to commit an offence under s. 3, 3 ^Bis Or 3 ^Ter .

(1) This Convention shall apply if the ship navigates or if, according to its road map, it is to sail in waters, through waters or from waters beyond the outer limit of the territorial sea of a single State, or The lateral boundaries of its territorial sea with adjacent states.

2. In cases where the Convention is not applicable in accordance with par. 1, however, its provisions shall apply if the alleged offender or author of the offence is found in the territory of a State Party other than the State referred to in s. 1.

Each State Party shall reprimand the offences referred to in Art. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc By appropriate penalties which take into account the serious nature of these offences.

(1) Each State Party shall, in accordance with the principles of its domestic law, take the necessary measures to ensure that the liability of a legal entity situated in its territory or incorporated under its law is engaged when a Person in charge of the management or control of that legal entity has, in that capacity, committed an offence covered by this Convention. This responsibility may be criminal, civil or administrative.

2. It is committed without prejudice to the criminal liability of the natural persons who have committed the offences.

(3) Each State Party shall, in particular, ensure that legal persons whose liability is engaged under s. 1 shall be subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. These penalties may include monetary penalties.

(1) Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences referred to in s. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc When the offence is committed: ¹

(a)

Against or on board a ship flying the flag of that State at the time of the commission of the offence; or

(b)

In the territory of that State, including its territorial sea; or

(c)

By a national of that State.

(2) A State Party may also establish its jurisdiction for the purpose of knowing any of these offences:

(a)

When committed by a stateless person who has his habitual residence in that State; or

(b)

Where, in the course of its commission, a national of that State is detained, threatened, injured or killed; or

(c)

When committed in order to compel that State to perform any act or to refrain from doing so.

3. ² Any State Party which has established its jurisdiction for the cases referred to in s. 2 informs the Secretary-General. If that State Party subsequently cancels that jurisdiction, it shall inform the Secretary-General.

4. ³ Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences referred to in s. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc In cases where the alleged offender is in his territory and where he does not extradite him to any of the States Parties which have established their jurisdiction in accordance with s. 1 and 2 of this article.

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

1. If it considers that the circumstances justify it and in accordance with its law, any State Party on whose territory the alleged perpetrator or perpetrator is located shall ensure the detention of that person or take all other measures Necessary to ensure its presence during the period necessary for the initiation of criminal proceedings or extradition proceedings.

2. The said State shall immediately carry out a preliminary investigation with a view to establishing the facts, in accordance with its own legislation.

3. Any person in respect of whom the measures referred to in s. 1 of this Article is entitled:

(a)

To communicate without delay with the nearest qualified representative of the State of which it is a national or otherwise entitled to establish such communication or, if it is a stateless person, of the State in whose territory it has its own Usual residence;

(b)

To receive a visit from a representative of that State.

4. The rights referred to in s. 3 shall be exercised within the framework of the laws and regulations of the State in whose territory the author or alleged perpetrator of the offence is located, provided that such laws and regulations shall permit the full realization of the purposes for Which rights are granted under s. 3.

5. Where a State Party has detained a person in accordance with the provisions of this Article, the State Party shall immediately notify such detention, as well as the circumstances which justify it, of the States which have established their jurisdiction in accordance with the By. 1 of the art. 6 and, if it considers it appropriate, all other interested States. The State conducting the preliminary investigation under subs. 2 of this Article shall promptly communicate its conclusions to the said States and indicate whether it intends to exercise its jurisdiction.

1. ¹ The master of a ship of a State Party (the "flag State") may surrender to the authorities of any other State Party (the "receiving State") any person for whom it has serious reasons to believe that it has committed an offence referred to in s. 3, 3 ^Bis , 3 ^Ter Or 3 ^Cc .

2. The flag State shall ensure that the captain of his ship is kept, where possible in practice and if possible before entering the territorial sea of the receiving State with any person he proposes to Be submitted in accordance with the provisions of s. 1, to notify the authorities of the receiving State of its intention to surrender the person and the reasons for the decision.

(3) The receiving State shall accept the surrender of that person, unless he has reason to believe that the Convention does not apply to the facts on which the surrender is based, and acts in accordance with the provisions of Art. 7. Any refusal to receive a person must be motivated.

4. The flag State shall ensure that the master of his ship is obliged to communicate to the authorities of the receiving State the evidence relating to the alleged offence which is in his possession.

5. A receiving State which has accepted the surrender of a person in accordance with the provisions of par. 3 may in turn ask the flag State to accept the surrender of that person. The flag State shall examine such a request and, if it does so, act in accordance with the provisions of Art. 7. If the flag State rejects an application, it shall inform the receiving State of the reasons for the decision.

(1) States Parties shall cooperate to the maximum extent possible with a view to preventing and suppressing the unlawful acts covered by this Convention in accordance with international law and responding to requests under this Article As soon as possible.

2. Any request made under this Article should, where possible, indicate the name of the suspect vessel, the vessel identification number, the port of registration, the ports of origin and destination and any other relevant information. If an application is made orally, the requesting Party shall confirm the request in writing as soon as possible. The requested Party shall immediately acknowledge receipt of any request in writing or orally.

3. The States Parties shall take into account the risks and difficulties arising from the boarding of a ship at sea and the search of its cargo, and shall consider whether other appropriate measures, agreed upon between the States concerned, May not be taken in better safety conditions at the next port of call or elsewhere.

4. A State Party which has serious grounds for suspecting that an offence referred to in s. 3, 3 ^Bis , 3 ^Ter Or 3 ^Cc Has been, is in the process or is about to be committed and involves a ship flying its flag, may seek the assistance of other States Parties to prevent or suppress this offence. The States Parties so required shall make every effort to provide such assistance in accordance with the means at their disposal.

5. Whenever officials of the State Force or other authorized agents of a State Party ("the requesting Party") are dealing with a ship beating the flag or showing the registration marks of another State ("the first Party"), and Which is situated off the territorial sea of a State, whatever it may be, while the requesting Party has serious grounds for suspecting that the ship or a person on board the ship has been, is or is about to be involved in the commission An offence under s. 3, 3 ^Bis , 3 ^Ter Or 3 ^Cc , and the requesting Party wishes to board the ship:

(a)

It requests, in accordance with s. 1 and 2, that the first Party confirms the declaration of nationality; and

(b)

If the nationality is confirmed, the requesting Party asks the first Party (hereinafter referred to as 'the flag State') for authorisation to board the vessel and to take the appropriate measures, which may include, inter alia, stopping the Ship, board and search the ship, its cargo and persons on board and to question persons on board in order to determine whether an offence under s. 3, 3 ^Bis , 3 ^Ter Or 3 ^Cc Has been, is or is about to be committed; and

(c)

Flag State:

(i)

Authorize the requesting Party to board the ship and to take the appropriate measures referred to in para. 5 (b), subject to any conditions that it may impose in accordance with subs. 7, or

(ii)

Engaged in boarding and searching with its own officers of the public force or other agents, or

(iii)

Shall carry out the boarding and search in liaison with the requesting Party, subject to any conditions that it may impose in accordance with subs. 7, or

(iv)

Refuses to allow boarding and searching.

The requesting Party shall not board the ship or take the measures described in para. 5 (b) without the express authorisation of the flag State.

(d)

By depositing or having deposited its instrument of ratification, acceptance, approval or accession, a State Party may notify the Secretary-General that, in respect of ships flying its flag or showing its registration marks, the The applicant has received authorisation to board and search the ship, its cargo and the persons on board, and to question the persons on board, in order to find and examine the document of nationality and to determine whether an infringement referred to in Art. 3, 3 ^Bis , 3 ^Ter Or 3 ^Cc Has been, is in the process or is about to be committed, if the first Party has not sent a reply within four hours of the acknowledgement of receipt of a request for confirmation of nationality.

(e)

By depositing or having deposited its instrument of ratification, acceptance, approval or accession, a State Party may notify the Secretary-General that, in respect of ships flying its flag or showing its registration marks, the Applicant is authorized to board and search a ship, its cargo and persons on board, and to question persons on board in order to determine whether an offence under s. 3, 3 ^Bis , 3 ^Ter Or 3 ^Cc Has been, is on the train or is about to be committed.

Notifications under this paragraph may be withdrawn at any time.

6. Where the reasoning under this section provides evidence of the conduct described in s. 3, 3 ^Bis , 3 ^Ter Or 3 ^Cc , the flag State may authorise the requesting Party to detain the vessel, its cargo and detain the persons on board pending receipt of the instructions of the flag State as to the measures to be taken. The requesting Party shall promptly inform the flag State of the results of the seizure, search and detention carried out under this Article. The requesting Party shall also without delay inform the flag State if it finds evidence of other unlawful acts not covered by this Convention.

7. The flag State may, to the extent consistent with the other provisions of this Convention, make the authorization granted under subs. 5 or 6 on conditions, in particular those for obtaining additional information from the requesting Party and those concerning the responsibility for the measures to be taken and the scope thereof. No further action may be taken without the express authorisation of the flag State, with the exception of those necessary to avert an imminent danger to the lives of persons or those arising from bilateral agreements or Relevant multilateral.

8. For all boardings carried out under this Article, the flag State shall have the right to exercise jurisdiction over a ship, cargo or other property retained and on persons held on board, including the ordering of release, the Forfeiture, seizure and prosecution. However, the flag State may, subject to the provisions of its constitution and legislation, consent to another State having jurisdiction under Art. 6 exercises its jurisdiction.

9. When carrying out the measures authorized under this Article, the use of force shall be avoided except where necessary to ensure the safety of the agents and persons on board, or where such agents are prevented from performing the Authorized measures. Any use of force made under this Article shall not exceed the minimum level of force that is necessary and reasonable in the circumstances.

10. Guarantees:

(a)

When taking measures against a ship in accordance with this Article, a State Party shall:

(i)

Takes due account of the need not to compromise the protection of human life at sea;

(ii)

Ensure that all persons on board are treated in a manner that preserves the fundamental dignity of the human person and is in conformity with the applicable provisions of international law, including those relating to the rights of Man;

(iii)

Shall ensure that a boarding and search carried out under this Article takes place in accordance with applicable international law;

(iv)

Take due account of the safety and security of the vessel and its cargo;

(v)

Shall take due account of the need not to prejudice the commercial or legal interests of the flag State;

(vi)

Shall, within the limits of the means available, ensure that any measure taken in respect of the vessel or its cargo is environmentally sound in the circumstances;

(vii)

Ensure that persons on board against whom proceedings may be brought under any of the offences referred to in s. 3, 3 ^Bis , 3 ^Ter Or 3 ^Cc , benefit from the protection measures provided for in s. 2 of the art. 10, regardless of where they are located;

(viii)

Shall ensure that the master of a ship is informed of his intention to proceed with the boarding and has, or has had, the opportunity to contact the owner of the vessel and the flag State as soon as possible; and

(ix)

Shall endeavour by all reasonable means to ensure that a vessel is not unduly withheld or delayed.

(b)

Provided that the authorisation of the boarding party does not in principle involve the responsibility of the flag State, the States Parties shall be liable for the damage or loss attributable to them as a result of the measures taken under the present Article, when:

(i)

The grounds for such measures are unfounded, provided that the ship has not committed any act justifying the measures taken; or

(ii)

Such measures are unlawful or go beyond what is reasonably necessary according to the information available to apply the provisions of this Article.

States Parties shall provide effective remedies for such damage or loss.

(c)

Where a State Party takes action against a ship in accordance with this Convention, it shall take due account of the need not to impair:

(i)

The rights and obligations of coastal States and the exercise of their jurisdiction in accordance with international law of the sea; or

(ii)

The power of the flag State to exercise its jurisdiction and control for administrative, technical and social matters concerning the ship.

(d)

Any measure taken under this Article shall be carried out by law enforcement officials or other agents authorized from warships or military aircraft, or from other ships or aircraft bearing trade marks Clearly stating that they are assigned to a public service and, notwithstanding s. 2 and 2 ^Bis , the provisions of this Article shall apply.

(e)

For the purposes of this Article, "law enforcement officers or other authorized officers" means members of law enforcement agencies or other public authorities with a uniform or other external marks clearly identifying them, duly Empowered by their government. For the specific purposes of maintaining order under this Convention, law enforcement officers or other authorized officers shall submit appropriate official identity documents which may be examined by the captain of the Ship when they board.

11. This Article does not cover or restrict the boarding of ships, executed by any State Party in accordance with international law, off the territorial sea of any State, including boarding rights based on the right to Visit, the provision of assistance to persons, ships and goods in distress or at risk, or the authorisation given by the flag State to take measures to maintain order or other measures.

States Parties are encouraged to develop uniform procedures for joint operations under this Article and to consult, where appropriate, other States Parties in order to harmonize these procedures for the conduct of Operations.

13. States Parties may conclude agreements or mutual arrangements in order to facilitate law enforcement operations conducted in accordance with this Article.

Each State Party shall take appropriate measures to ensure that its officers of the public force or other authorized agents, and the law enforcement agents or other authorized agents of other States Parties acting on its behalf, are Mandated to act under this section.

15. By depositing or having deposited its instrument of ratification, acceptance, approval or accession, each State Party shall designate one or, where appropriate, several authorities to which requests for assistance, of Confirmation of nationality and authorization to take appropriate measures. Within a period of one month after becoming a party, a State shall notify that designation and the contact details of the competent authorities to the Secretary-General, who shall inform all other States Parties within one month of that designation. Each State Party shall have the responsibility to communicate promptly, through the Secretary-General, any changes to the designated authorities or their contact details.

Nothing in this Convention shall affect in any way the rules of international law concerning the exercise of the competence of States in matters of investigation or execution on board ships which do not fly their flag.

(1) The State Party in whose territory the alleged offender or author of the offence is discovered shall be kept, in cases where the art. 6 shall apply, if it does not extradite him, to submit the case, without delay and without any exception, whether or not the offence has been committed in his territory, to his competent authorities for the exercise of criminal proceedings in accordance with a procedure in accordance with The legislation of that State. These authorities shall take their decision under the same conditions as for any other offence of a serious nature in accordance with the laws of that State.

2. ¹ Any person in custody or against whom any other measure is taken or proceedings instituted under this Convention shall be guaranteed fair treatment and, in particular, shall enjoy all rights and benefit from all Guaranteed by the law of the State in whose territory it is located and the applicable provisions of international law, including those relating to human rights.

1. ¹ The offences referred to in s. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc Shall be deemed to be extraditable in any extradition treaty existing between States Parties. States Parties undertake to consider such offences as extraditable offences in any extradition treaty that may be concluded between them thereafter.

2. ² A State Party which makes extradition conditional on the existence of a treaty is entitled, when it receives a request for extradition from another State Party with which it is not bound by an extradition treaty, to consider this Convention as Constituting the legal basis for extradition in respect of offences referred to in s. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc Extradition shall be subject to the other conditions laid down in the law of the requested State Party.

3. ³ States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences referred to in s. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc Extradition between them, without prejudice to the conditions laid down by the law of the requested State Party.

4. ⁴ If necessary, ss. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc Shall be deemed, for the purposes of extradition between States Parties, to have been committed both at the place of their commission and in a place within the jurisdiction of the State Party requesting the extradition.

5. A State Party which receives more than one request for extradition from States which have established their jurisdiction in accordance with the provisions of Art. 7 and who decides not to prosecute shall take due account, when choosing the State to which the alleged offender or author of the offence is to be extradited, of the interests and responsibilities of the State Party whose ship was flying the flag At the time of commission of the offence.

6. When considering an extradition request submitted under this Convention concerning the alleged perpetrator of an offence, the requested State shall give due consideration to the question of whether that person may exercise his rights, as provided for in the present Convention. To par. 3 of Art. 7, in the requesting State.

7. With regard to the offences defined in this Convention, the provisions of all treaties and extradition agreements concluded between States Parties shall be amended between States Parties to the extent that they are incompatible with the present Convention.

For the purposes of extradition or mutual legal assistance between States Parties, none of the offences referred to in Art. 3, 3 ^Bis , 3 ^Ter Or 3 ^Cc Is not considered a political offence, as a related offence to a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or mutual legal assistance based on such an offence cannot be rejected for the sole reason that it relates to a political offence, an offence related to a political offence or an offence Inspired by political motives.

Nothing in this Convention shall be construed as implying an obligation of extradition or mutual legal assistance, if the requested State Party has serious grounds to believe that the request for extradition for the offences referred to in Art. 3, 3 ^Bis , 3 ^Ter Or 3 ^Cc Or the request for mutual assistance in respect of such offences has been made for the purpose of prosecuting or punishing a person for reasons relating to his or her race, religion, nationality, ethnic origin, political opinion or sex, or Entitlement to the application would be prejudicial to the situation of that person for any of these reasons.

1. ¹ States Parties shall afford the widest measure of mutual legal assistance for any criminal proceedings relating to offences referred to in s. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc , including in order to obtain the evidence before them and which are necessary for the purposes of the proceedings.

2. The States Parties shall fulfil their obligations under s. 1 in accordance with any treaty of mutual legal assistance that may exist between them. In the absence of such a treaty, the States Parties shall accord themselves such assistance in accordance with their national legislation.

1. Any person detained or serving a sentence in the territory of a State Party and whose presence is required in another State Party for the purposes of identification or testimony or to assist in the establishment of the facts in The framework for an investigation or prosecution of offences under s. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc May be transferred if the following conditions are met:

(a)

The said person freely and knowingly consents; and

(b)

The competent authorities of the two States concerned consent, subject to the conditions which they may deem appropriate.

2. For the purposes of this Article:

(a)

The State to which the transfer is made has the power and the obligation to hold the person in custody, unless requested or otherwise authorized by the State from which the person was transferred;

(b)

The State to which the transfer is made shall discharge without delay the obligation to surrender the person concerned to the custody of the State from which the transfer has been effected, in accordance with what has been agreed beforehand or the authorities The competent authorities of the two States will have otherwise decided;

(c)

The State to which the transfer is made may not require the State from which the transfer is made that it initiates an extradition procedure in order for the person concerned to be surrendered;

(d)

Account shall be taken of the period of time spent in detention in the State to which he was transferred for the purposes of the count of the sentence to be served in the State from which he was transferred.

3. Unless the State Party from which a person is to be transferred under this Article does not agree, that person, irrespective of his nationality, may not be prosecuted or detained or subjected to other restrictions on his or her Freedom of movement in the territory of the State to which it is transferred, because of acts or convictions prior to its departure from the territory of the State from which it was transferred.

1. The States Parties shall cooperate to prevent the offences referred to in s. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc , including:

(a)

Taking all possible measures to prevent the preparation of offences to be committed within or outside their respective territories;

(b)

Exchanging information in accordance with their national legislation and coordinating administrative and other measures, if any, in order to prevent the commission of offences under art. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc .

2. When the crossing of a ship has been delayed or interrupted, the commission of an offence referred to in s. 3, 3 ^Bis , 3 ^Ter And 3 ^Cc , any State Party on whose territory the ship, passengers or crew are located shall do everything possible to prevent the vessel, its passengers, its crew or its cargo from being unduly withheld or delayed.

Any State Party which has reason to believe that an offence referred to in s. 3, 3 ^Bis , 3 ^Ter Or 3 ^Cc Shall provide, as soon as possible, in accordance with its national law, all relevant information in its possession to the States which, in its opinion, would be the States having established their jurisdiction in accordance with Art. 6.

(1) Each State Party shall communicate as promptly as possible to the Secretary-General, in accordance with national law, any relevant information in its possession relating to:

(a)

The circumstances of the offence;

(b)

Measures taken pursuant to s. 2 of the art. 13;

(c)

Measures taken with regard to the alleged perpetrator or author of the offence and, in particular, the outcome of any extradition procedure or other judicial procedure.

(2) The State Party in which criminal proceedings have been instituted against the alleged offender shall, in accordance with its national law, communicate the final result to the Secretary-General.

3. ¹ Information disclosed in accordance with paragraph (a). 1 and 2 shall be transmitted by the Secretary-General to all States Parties, to the members of the Organization, to the other States concerned and to relevant international intergovernmental organizations.

1. Any dispute between States Parties concerning the interpretation or application of this Convention, which cannot be settled by negotiation within a reasonable period of time, shall be referred to arbitration at the request of one of them. If, within six months after the date of the request for arbitration, the parties fail to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice, in Filing a request in accordance with the Statute of the Court ¹ .

(2) Any State may, at the time it signs, ratifies, accepts or approves this Convention or accedes thereto, declare that it does not consider itself bound by any or all of the provisions of s. The other States Parties shall not be bound by the said provisions with respect to any State Party that has formulated such a reservation.

3. Any State which has made a reservation in accordance with the provisions of par. 2 may withdraw this reservation at any time by a notification addressed to the Secretary-General.

The final clauses of the 2005 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation are Art. 17 to 24 of the 2005 Protocol on the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. References in this Convention to States Parties shall be considered as references to States Parties to this Protocol.

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

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

(a)

Signature without reservation as to ratification, acceptance or approval; or

(b)

Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(c)

Membership.

3. The ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

(1) This Convention shall enter into force ninety days after the date on which fifteen States have either signed the Convention without reservation as to the ratification, acceptance or approval, or deposited an instrument of ratification, Acceptance, approval or accession.

2. For a State which deposits an instrument of ratification, acceptance or approval of or accession to this Convention after the conditions governing its entry into force have been fulfilled, ratification, acceptance, The approval or accession takes effect ninety days after the date of filing.

(1) This Convention may be denounced by any of the States Parties at any time after the expiration of a period of one year from the date on which this Convention enters into force in respect of that State.

2. Denunciation shall be effected by means of the deposit of an instrument of denunciation with the Secretary-General.

(3) Denunciation shall take effect one year after the date on which the Secretary-General has received the instrument of denunciation or upon the expiration of any longer period laid down in that instrument.

1. A conference may be convened by the Organization with a view to revising or amending this Convention.

2. The Secretary-General shall convene a conference of the States Parties to this Convention to revise or amend the Convention, at the request of one third of the States Parties or of ten States Parties, if the latter number is higher.

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 deemed to apply to the Convention as amended.

This Convention shall be deposited with the Secretary-General.

2. The Secretary-General:

(a)

Inform all States which have signed or acceded to this Convention and all Members of the Organization:

(i)

Any new signature or deposit of a new instrument of ratification, acceptance, approval or accession, as well as of their date;

(ii)

The date of entry into force of this Convention;

(iii)

The deposit of any instrument of denunciation of this Convention and the date on which it was received and the date on which the denunciation takes effect;

(iv)

Receipt of any declaration or notification made under this Convention;

(b)

Transmit certified copies of this Convention to all States which have signed or acceded to it.

3. Upon entry into force of this Convention, a certified copy shall be transmitted by the Depositary to the Secretary-General of the United Nations to be registered and published in accordance with Art. 102 of the United Nations Charter.

This Convention shall be established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

In witness whereof, The undersigned, duly authorized to that effect by their respective Governments, have signed this Convention.

Done at Rome this 10th day of March, nine hundred and eighty-eight.

(Suivent signatures)