Rs 0.311.541 15 November 2000 Protocol Against Illegal Migrants By Land, Air And Sea, Additional Traffic To The United Nations Convention Against Transnational Organized Crime

Original Language Title: RS 0.311.541 Protocole du 15 novembre 2000 contre le trafic illicite de migrants par terre, air et mer, additionnel à la Convention des Nations Unies contre la criminalité transnationale organisée

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0.311.541 original Protocol against trafficking of migrants by land, air and sea, additional to the United Nations Convention against transnational organized crime concluded in New York on 15 November 2000, approved by the Federal Assembly on 23 June 2006, Instrument of ratification deposited by the Switzerland on 27 October 2006, entered into force for the Switzerland November 26, 2006 (State on September 30, 2014) 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 and international approach, including cooperation, the exchange of information and other appropriate measures, social and economic, at national, regional and international levels, recalling resolution 54/212 of the General Assembly of December 22, 1999, in which the Assembly urged Member States and the organizations of the United Nations to strengthen international cooperation in the field of international migration and development in order to tackle the root causes of migration, especially those related to poverty, and to maximize the benefits that international migration provide those concerned, and encouraged, depending on whether it was appropriate, the mechanisms of interregional, regional and subregional to continue to address the issue of migration and development convinced to treat migrants humanely and protect fully their rights, taking into account the fact that, despite work undertaken in other international forums, there is no universal instrument that covers all aspects of smuggling of migrants and other related issues, concerned about the significant increase in the activities of criminal groups in the smuggling of migrants and other related criminal activities set out in this Protocol , which are seriously detrimental to the States concerned, also concerned by the fact that smuggling of migrants is likely to endanger the life or safety of the migrants concerned, referring to resolution 53/111 of 9 December 1998, in which General Assembly the Assembly has decided to establish a special open-ended Intergovernmental Committee responsible for developing a comprehensive transnational crime organized international convention and to consider whether there was need to develop in particular, an international struggle against trafficking and transport illegal migrants, including by sea, convinced that the fact to add to the United Nations Convention against transnational organized crime an international instrument against the smuggling of migrants by land, air and sea will help to prevent and to combat this type of crime, have agreed to the following : RS 0.311.54 I. provisions general art. 1 relationship with the United Nations Convention against transnational organized crime 1. This Protocol complements the United Nations Convention against transnational organized crime. It is performed jointly with the Convention.
2. the provisions of the Convention apply mutatis mutandis to this Protocol, except as provided otherwise of that Protocol.
3. the offences established in accordance with art. 6 of the present Protocol are regarded as offences established in accordance with the Convention.

Art. 2 object this Protocol is intended 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 migrants subject to such traffic.

Art. 3 terminology for the purposes of this Protocol: a) "smuggling of migrants" means the fact of ensure, in order to obtain, directly or indirectly, a financial advantage or other material benefit, illegal entry into a State party of a person who is neither a national nor a resident of that State; b) "illegal entry" means the overcoming of borders while the conditions for legal in the host State entry are not met; c) the expression "travel document." ((fraudulent identity or"means any travel or identity document: i) which has been counterfeited or altered substantially by anyone other than a person or a legally empowered authority to establish or issue the travel or identity on behalf of a State document ouii) which has been issued or obtained irregularly through misrepresentation, corruption or coercion (, or in any other unlawful manner, or III) that is used by one person other than the rightful owner;

(d) the term 'ship' means any type of water craft, including a device without draught and seaplanes, used or capable of being used as a means of transportation on water, except a warship, an auxiliary warship or other ship owned by a Government or operated by him, as long as it is used exclusively for a non-commercial public service.

Art. 4 scope this Protocol applies, unless otherwise provided, the prevention, investigation and prosecution of the offences established in accordance with his art. 6, when these offences are transnational in nature and that an organized criminal group is involved, as well as the protection of the rights of persons who have been the object of such offences.

Art. 5 criminal liability of migrants migrants are not liable to criminal prosecution under this Protocol because they have been the object of acts set out in his art. 6 art. 6 criminalization 1. Each State party shall adopt legislative and other measures necessary to give the character of criminal offence, when the acts have been committed intentionally and to make, directly or indirectly, a financial advantage or other material benefit: a) to the smuggling of migrants; b) when the acts have been committed in order to allow the smuggling of migrants: i) making a fraudulent travel or identity document (, ii) by the way of purchase, provide or possess such a document;

(c) the fact to allow a person who is not a national or a permanent resident to remain in the State concerned, without meeting the conditions necessary for the legal stay in that State, by the means referred to in para. (b) of this paragraph or any other illegal means.

(2 each State party shall also adopt legislative and other measures necessary to give the character of criminal offence: has) subject to the basic concepts of its legal system, to the fact of an attempt to commit an offence established in accordance with the by. 1 of this section; b) to be making an accomplice to an offence established in accordance with para. (a) in the al. (b) i) or para. (c) by. 1 of this article and, subject to the basic concepts of its legal system, to the fact to get an accomplice to an offence established in accordance with para. ((b) (ii) of the by. 1 of this article; c) in organizing the commission of an offence established in accordance with the by. 1 of the present article or give instructions to other people so that they commit to her.

3. each State party shall adopt legislative and other measures necessary to give the character of aggravating circumstances to the offences established in accordance with paras. ((a), (b) i) and (c) by. 1 of this article and, subject to the basic concepts of its legal system, offences established in accordance with paras. ((b) and (c) of the by. 2 of the present article: has) to putting in danger or risk to endanger the life or safety of the migrants concerned; or (b) treatment inhuman or degrading of these migrants, including for exploitation.

4. no provision of this Protocol prevents a State party to take measures against a person whose acts constitute, in its internal law, an offence.

II. smuggling of migrants by sea art. 7 cooperation States parties shall cooperate to the extent possible to prevent and suppress the smuggling of migrants by sea, in accordance with the international law of the sea.

Art. 8 measures against the smuggling of migrants by sea 1. A State party that has reasonable grounds to suspect that a vessel flying its flag or availing of the registration on its register, without nationality, or the nationality of the State actually party in question fine that he beat a foreign flag or refuses to show its flag is engaged in the smuggling of migrants by sea may request other States parties to help him put an end to the use of the vessel for that purpose. States parties so requested provide this assistance to the extent possible considering the means available to them.

2. a State party that has reasonable grounds to suspect that a vessel exercising freedom of navigation in accordance with international law and flying the flag or bearing the marks of registry of another State party is engaged in the smuggling of migrants by sea may notify the flag State, request confirmation of registry and, if it is confirmed, permission to that State to take the appropriate action on this ship. The flag State may authorize the requesting State to: a) Board the ship; b) to search the vessel; etc) if he finds evidence that the vessel is engaged in the smuggling of migrants by sea, to take appropriate measures with respect to the vessel, persons and cargo on board, as the flag State has allowed him to do.

3. a State party that has taken one of the measures in accordance with the by. 2 of the present article shall inform without delay the status of the State concerned of the results of this measure.
4. a State party responds promptly to a request addressed to him by another State party to determine if a ship that takes advantage of the registration on his record or that its flag is entitled, as well as an application for authorization submitted in accordance with the by. 2 of the present article.
5. a flag State may, consistent with the art far. 7 of this Protocol, subject its authorization to agreed terms of a mutual agreement between him and the requesting State, including with respect to the responsibility and scope of the measures to be taken. A State party shall not take no additional measures without the express authorization of the flag State, except those that are necessary to rule out an imminent danger to the lives of people or those resulting from bilateral or multilateral agreements relevant.
6. each State party designates one or, if it is necessary, several authorities entitled to receive requests for assistance, confirmation of registration on the register or the right to fly its flag, as well as requests for authorization to take appropriate measures and respond. The Secretary-General shall notify all other States parties the authority designated by each of them in the month following this designation.
7. a State party that has reasonable grounds to suspect that a vessel is engaged in the smuggling of migrants by sea and that this ship is without nationality or may be assimilated to a vessel without nationality may board it and visit it. If the suspicions are confirmed by evidence, the State party takes measures in accordance with national law and relevant international law.

Art. 9 protection clauses 1. When he takes measures against a ship in accordance with art. 8 of this Protocol, a State party: a) ensure the security and treatment of persons on board; b) take due account of the need not to compromise the safety of the ship or its cargo; c) take due account of the need not to prejudice the commercial interests or the rights of the State of the flag or any other interested State; d) ensures , within its means, that any measure taken with respect to the vessel is environmentally sound.

2. where the grounds for measures taken in application of art. 8 of this Protocol prove to be without merit, the ship is compensated for any loss or damage, provided that he has not committed any act justifying the measures taken.
3. when a measure is taken, adopted or applied in accordance with this chapter, it is taken due account of the need not to affect or hinder: has) the rights and obligations of coastal States and the exercise of their jurisdiction in accordance with the international law of the sea; or (b) the power of the flag State to exercise jurisdiction and control for administrative, technical and social matters concerning the ship.

4. any measure taken at sea in application of this chapter is carried out only by warships or military aircraft, or other ships or aircraft to this authorized, clearly marked external and identifiable as being at the service of the State.

III. Prevention, cooperation and other measures article 10 information 1. Without prejudice to art. 27 and 28 of the Convention, States parties, especially those that have common borders or are located on the routes for the smuggling of migrants, to achieve the objectives of this Protocol, Exchange, in accordance with their legal and administrative systems respective, pertinent information including: has) the points of embarkation and destination and routes carriers and means of transport which are known or suspected that they are used by an organized criminal group committing the acts set out in art. 6 of this Protocol; b) the identity and methods of organizations or criminal groups organized known or suspected that they are committing the acts set out in art. 6 of this Protocol; c) the authenticity and the characteristics of the travel documents issued by a State party, as well as blank travel or identity documents stolen or misuse that is actually; d) means and methods of concealment and transportation of people, change, reproduction, or acquiring illegal or any other misuse of travel or identity documents used in the acts set out in art. 6 of this Protocol and ways of detecting them; e) Legislative experiences and practices and measures to prevent and combat acts set out in art. 6 of this Protocol; ETF) scientific and technical issues of a utility in the detection and repression, in order to mutually strengthen their ability to prevent and detect the acts set out in art. 6 of this Protocol, to conduct investigations into these acts and to prosecute offenders.

2. a State party that receives information shall comply with any request of the State party which communicated submitting their use restrictions.

Art. 11 measures at borders 1. Without prejudice to the international commitments on the free movement of people, States parties strengthen, to the extent possible, the border controls necessary to prevent and detect the smuggling of migrants.
2. each State party shall adopt legislative or other measures appropriate to prevent, to the extent possible, the use of the means of transport operated by commercial carriers for the commission of the offence established in accordance with para. (a) by. 1 of art. 6 of this Protocol.
3. when it is necessary, and without prejudice to applicable international conventions, such measures include foresee the obligation of commercial carriers, including any company of transport or any owner or operator of a any means of transport, to check that all passengers are in possession of the travel documents required for entry into the receiving State.
4. each State party takes the necessary measures, in accordance with its domestic law, to impose sanctions the obligation set out in the by. 3 of this article.
5. each State party intends to take measures that, under its law internal to refuse the entry of persons involved in the commission of the offences established in accordance with this Protocol or cancel their visas.
6. without prejudice to art. 27 of the Convention, the States parties intend to strengthen cooperation between direct their control services at the borders, including by establishing and maintaining channels of communication.

Art. 12 security and control of documents each State party take the necessary measures, within available means: has) to ensure that travel or identity documents issued are of a quality such that we can easily make a misuse and falsify or alter, reproduce them or deliver them unlawfully; ETB) to ensure the integrity and security of travel or identity documents issued by him or on his behalf, and to prevent that they be created, issued, and used illegally.

Art. 13 legitimacy and validity of documents at the request of another State party, a State party check, in accordance with its domestic law and within a reasonable time the legitimacy and validity of travel or issued or supposed identity documents have been issued in its name and suspected that they are used to commit the acts set out in art. 6 of this Protocol.

Art. 14 training and technical cooperation 1. States parties provide or strengthen specialized training for immigration services officers and other officers to the prevention of the acts set out in art. 6 of this Protocol and in the humane treatment of migrants purpose of such acts, as well as the respect of the rights that are recognized in this Protocol.

2. States parties cooperate with each other and with international organizations, non-governmental organizations and other relevant organizations as well as with other elements of civil society, as appropriate, to ensure adequate training of personnel in their territory, to prevent, combat and eradicate the acts set out in art. 6 of this Protocol and to protect the rights of migrants purpose of such acts. This training including: a) improving the security and quality of travel documents; b) the recognition and detection of fraudulent travel or identity documents; c) intelligence on criminal activities, especially related to the identification of the organized crime groups that are known or suspected that they are committing the acts set out in art. 6 of this Protocol, the methods used to transport migrants subject to illicit traffic, to the misuse of travel or identity documents for the acts set out in art. 6 and the means of concealment used in the smuggling of migrants; d) improving detection procedures at ports of entry and exit traditional and non-traditional, migrants subject to illicit traffic; summer) the humane treatment of migrants and the protection of the rights that are recognized in this Protocol.

3. the States parties having appropriate expertise consider providing technical assistance to States that are frequently countries of origin or transit for persons who have been the object of acts set out in art. 6 of this Protocol. States parties do their utmost to provide the necessary resources, such as vehicles, computer systems and document readers, to combat the acts stated in art. 6 art. 15. other measures 1. Each State party taking steps to set up or strengthen information programmes to educate the public to the fact that the acts set out in art. 6 of this Protocol is a criminal activity frequently perpetrated by organized criminal groups in order to make a profit and that they pose serious risks to the migrants concerned.
2. pursuant to art. 31 of the Convention, States parties shall cooperate in the field of information to preventing potential migrants from becoming victims of organized crime groups.
3. each State party promote or strengthen, as appropriate, development programmes and cooperation at the national, regional and international levels, taking into account the socio-economic realities of migration and paying special attention to the socially and economically deprived areas, in order to tackle the root socio-economic causes of the smuggling of migrants, such as poverty and underdevelopment.

Art. 16 measures of protection and assistance 1. Dealing with this Protocol, each State party takes, in accordance with the obligations it has undertaken under international law, all appropriate measures, including, if it is necessary, legislative measures, to safeguard and protect the rights of persons who have been the object of acts set out in art. 6 of this Protocol, such that these rights are granted under applicable international law, in particular the right to life and the right not to be subjected to torture or to other punishments or cruel treatment, inhuman or degrading treatment.
2. each State party takes appropriate steps to grant migrants with adequate protection against violence that may be inflicted, both by people by groups, because they have been the object of acts set out in art. 6 of this Protocol.
3. each State party shall grant assistance to migrants whose lives or safety are compromised by the fact that they have been the object of acts set out in art. 6 of this Protocol.
4 when they apply the provisions of this article, States parties take into account the special needs of women and children.
5. in the case of detention of a person who has been the object of acts set out in art. 6 of this Protocol, each State party respects the obligations that it has undertaken under the Vienna Convention on consular relations, where applicable, including the obligation to inform the person concerned without delay provisions relating to notification to consular officials and the communication with the latter.

SR 0.191.02 art. 17 agreements and arrangements States parties consider the conclusion of bilateral or regional agreements, operational arrangements or agreements to: has) establishing the most appropriate and effective measures to prevent and combat acts set out in art. 6 of this Protocol; or (b) develop the provisions of this Protocol among themselves.

Art. 18 return of migrants through illegal trafficking 1. Each State party agrees to facilitate and accept, without undue or unreasonable delay the return of a person who has been the object of an Act set out in art. 6 of this Protocol and who is its national or had the right of permanent residence in its territory at the time of the return.
2. each State party under consideration to facilitate and accept, in accordance with its domestic law, the return of a person who has been the object of an Act set out in art. 6 of this Protocol and who had the right of permanent residence in its territory at the time of that person in the territory of the host State.
3 at the request of the State party host, a requested State party verify, without undue or unreasonable delay if a person who has been the object of an Act set out in art. 6 of this Protocol is its national or had the right of permanent residence on its territory.
4. in order to facilitate the return of a person who has been the object of an Act set out in art. 6 of this Protocol and without documents, the State party of which that person is a national or in which it has the right to reside on a permanent basis agree to issue, at the request of the State party of home, travel documents or other authorization needed to enable the person to travel and to be re-enter its territory.
5. each State party involved with the return of a person who has been the object of an Act set out in art. 6 of this Protocol takes all appropriate steps to arrange this return in an orderly manner and with due consideration of the security and dignity of the person.
6. States parties may cooperate with relevant international organizations for the purposes of this section.
7. This article is without prejudice to any right granted by any law of the State party host to people who have been the object of an Act set out in art. 6 of this Protocol.
8. This section has no impact on the obligations under any other treaty, bilateral or multilateral applicable or any other agreement or applicable operational arrangement governing, in whole or in part, the return of persons who have been the object of an Act set out in art. 6 of this Protocol.

IV. provisions final art. 19 saving clause 1. No provision of this Protocol has impact on other rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights law and in particular, where they apply, to the Convention of 1951 and the Protocol of 1967 relating to the status of refugees as well as the principle of non-refoulement which set.
2. the measures set out in this Protocol are interpreted and applied in a way such that persons are not discriminated on the grounds that they are the object of the acts set out in art. 6 of this Protocol. The interpretation and application of these measures are consistent with internationally recognized principles of non-discrimination.

RS 0.142.30 RS 0.142.301 art. 20 settlement of disputes 1. States parties shall attempt to resolve disputes concerning the interpretation or application of this Protocol through negotiation.
2. any dispute between two parties or more concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable time is, at the request of one of these States parties, submitted to arbitration. If, within a period of six months from the date of the request for arbitration, the States parties cannot agree on the Organization of the arbitration, one any of them can submit the dispute to the International Court of Justice by sending a request in accordance with the Statute of the Court.
3. each State party may, at the time of the signature, ratification, acceptance or approval of this Protocol or of accession to it, declare that he doesn't consider himself not bound by the by. 2 of the present article. Other States parties are not bound by the by. 2 of this section to any State party having made such a reservation.

4. each State party that has entered a reservation by virtue of the by. 3 of this article may withdraw it at any time by sending a notification to the Secretary-General of the United Nations.

SR 0.193.501 art. 21 signature, ratification, acceptance, approval and accession 1. This Protocol will be open for signature by all States from 12 to 15 December 2000 in Palermo (Italy) and, subsequently, at the headquarters of the United Nations, in New York until 12 December 2002.
2. the present Protocol is also open to the signature of the regional organizations of economic integration on condition that at least one Member State of such an organization has signed this Protocol in accordance with the by. 1 of the present article.
3. the present Protocol is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instruments of ratification, acceptance or approval if at least one of its Member States has done. In that instrument of ratification, acceptance or approval, this organization said the extent of its competence in matters governed by this Protocol. She also informed the depositary of any relevant modification of the scope of its jurisdiction.
4. the present Protocol is open to membership of any State or any regional economic integration organization of which at least one Member State is a party to this Protocol. The instruments of accession are deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization said the extent of its competence in matters governed by this Protocol. She also informed the depositary of any relevant modification of the scope of its jurisdiction.

Art. 22 entry into force 1. This Protocol shall enter into force the ninetieth day following the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, with the understanding that it will not take effect until the agreement between itself in force. For the purposes of this paragraph, any instrument deposited by a regional economic integration organization is considered as an instrument to supplement the instruments already deposited by States members of this organization.
2. for each State or regional economic integration which will ratify, accept or approve this Protocol or there will stick after the deposit of the fortieth instrument relevant, this Protocol shall enter into force the thirtieth day following the date of deposit of the relevant instrument by that State or that organization or the date on which it takes effect under the by. 1 of the present article, if this is later.

Art. 23 Amendment 1. At the expiration of a period of five years from the entry into force of this Protocol, a State party to the Protocol may propose an amendment and submit the text to the Secretary general of the United Nations. Latter then communicates the proposed amendment to the States parties and to the Conference of the parties to the Convention for the consideration of the proposal and the adoption of a decision. The States parties to the Protocol met in Conference of the Parties make every effort to reach a consensus on any amendment. Efforts in this direction have been exhausted unless an agreement has been reached, if, as a last resort to get the amendment passed, a vote by a majority of two-thirds of the States parties to the present Protocol present to the Conference of the parties and expressing their vote.
2. the regional economic integration organizations have to exercise their right to vote under this section, in the areas that fall within their jurisdiction, to a number of votes equal to the number of States parties to the present Protocol. They do not exercise their right to vote if their Member States exercise theirs, and vice versa.
3. an amendment adopted in accordance with the by. 1 of this article is subject to ratification, acceptance or approval by the States parties.
4. an amendment adopted in accordance with the by. 1 of the present article will enter into force for a State Party ninety days after the date of deposit by that State party with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.
5. an amendment entered into force is binding on States parties which have expressed their consent to be bound by it. Other States parties remain bound by the provisions of this Protocol and all previous amendments that they have ratified, accepted or approved.

Art. 24 denunciation 1. A State party may denounce this Protocol by written notification to the Secretary-General of the United Nations. A such denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.
2. a regional economic integration organization ceases to be a party to this Protocol when all of its Member States have denounced it.

Art. 25 depositary and languages 1. The Secretary general of the Organization of the United Nations is the depositary of this Protocol.
2. the original of this Protocol, of which the English, Arabic, Chinese, English, french and Russian texts are equally authentic, will be deposited with the Secretary-General of the United Nations.
In faith, the Plenipotentiaries undersigned to this duly authorized by their respective Governments, have signed this Protocol.
(Follow signatures)

Scope on 30 September 2014 States parties Ratification, accession (A) Declaration of estate (S) entry into force South Africa * 20 February 2004 21 March 2004 Albania August 21, 2002 January 28, 2004 Algeria * March 9, 2004 8 April 2004 Germany 14 June 2006 July 14, 2006 Angola September 19, 2014 19 October 2014 Antigua - and - Barbuda 17 February 2010 19 March 2010 Saudi Arabia * 20 July 2007 August 19, 2007 Argentina November 19, 2002 January 28, 2004 Armenia

July 1, 2003 January 28, 2004 Australia may 27, 2004 June 26, 2004 Austria November 30, 2007 December 30, 2007 Azerbaijan * October 30, 2003 28 January 2004 Bahamas * 26 September 2008 26 October 2008 Bahrain * June 7, 2004 July 7, 2004 Belarus 25 June 2003 28 January 2004 Belgium * August 11, 2004 September 10, 2004 Belize September 14, 2006 to October 14, 2006 Benin August 30, 2004 September 29, 2004 Bosnia and Herzegovina 24 April 2002 January 28, 2004

Botswana August 29, 2002 January 28, 2004 Brazil January 29, 2004 February 28, 2004 Bulgaria December 5, 2001 January 28, 2004 Burkina Faso may 15, 2002 January 28, 2004 Burundi may 24, 2012 June 23, 2012 Cambodia 12 December 2005 January 11, 2006 Cameroon 6 February 2006 March 8, 2006 Canada 13 May 2002 January 28, 2004 Green - July 15, 2004 August 14, 2004 Chile 29 November 2004 December 29, 2004 Cyprus August 6, 2003 28 January 2004 Congo (Kinshasa)

October 28, 2005 November 27, 2005 Costa Rica 7 August 2003 January 28, 2004 Croatia January 24, 2003 28 January 2004 Cuba * June 20, 2013 July 20, 2013 Denmark 8 December 2006 January 7, 2007 Djibouti 20 April 2005 to 20 May 2005 Dominique May 17, 2013 16 June 2013 Egypt 1 March 2005 has 31 March 2005 El El Salvador * 18 March 2004 April 17, 2004 Ecuador * September 17, 2002 January 28, 2004 Spain March 1, 2002

January 28, 2004 Estonia may 12, 2004 June 11, 2004 United States * 3 November 2005 December 3, 2005 Ethiopia * 22 June 2012 July 22, 2012 Finland September 7, 2006 October 7, 2006 France October 29, 2002 January 28, 2004 Gambia may 5, 2003 January 28, 2004 Georgia 5 September 2006 October 5, 2006 Ghana 21 August 2012 to September 20, 2012 Greece * January 11, 2011 February 10, 2011 Granada May 21, 2004 was June 20, 2004 Guatemala April 1, 2004 May 1, 2004 Guinea June 8, 2005 July 8, 2005 Guyana 16 April 2008 has May 16, 2008 Haiti 19 April 2011 19 May 2011 Honduras 18 November 2008 has 18 December 2008 Hungary December 22, 2006 January 21, 2007 India 5 May 2011 4 June 2011 Indonesia * September 28, 2009 28 October 2009 Iraq 9 February 2009 A 11 March 2009 Italy August 2, 2006 September 1, 2006 Jamaica September 29, 2003 January 28, 2004 Kazakhstan 31 July 2008 August 30, 2008 Kenya 5 January 2005 has February 4, 2005 Kyrgyzstan, on October 2, 2003 28 January 2004 Kiribati 15 September 2005 October 15, 2005 Kuwait 12 May 2006 has 11 June 2006 Laos * September 26, 2003 28 January 2004 Lesotho 24 September 2004 October 24, 2004 Latvia 23 April 2003 January 28, 2004 Lebanon October 5, 2005 November 4, 2005 Liberia September 22, 2004 has October 22, 2004 Libya 24 September 2004 24 October

2004 Liechtenstein 20 February 2008 March 21, 2008 Lithuania * may 12, 2003 January 28, 2004 Luxembourg 24 September 2012 October 24, 2012 Macedonia 12 January 2005 February 11, 2005 Madagascar 15 September 2005 15 October 2005 Malawi * March 17, 2005 April 16, 2005 Mali April 12, 2002 January 28, 2004 Malta 24 September 2003 January 28, 2004


Maurice September 24, 2003 28 January 2004 Mauritania 22 July 2005 has August 21, 2005 Mexico 4 March 2003 January 28, 2004 Moldova * 16 September 2005 October 16, 2005 Monaco June 5, 2001 January 28, 2004 Mongolia June 27, 2008 has 27 July 2008 Montenegro 23 October 2006 S 3 June 2006 Mozambique September 20, 2006 October 20, 2006 Myanmar * March 30, 2004 April 29, 2004 Namibia August 16, 2002 January 28, 2004 Nauru July 12, 2012 11 August 2012 Nicaragua 15 February 2006 17 March 2006 Niger 18 March 2009 was April 17, 2009 Nigeria 27 September 2001 28 January 2004 Norway September 23, 2003 January 28, 2004 New Zealand July 19, 2002 January 28, 2004 Oman 13 May 2005 was June 12, 2005 Panama August 18, 2004 September 17, 2004 September 23, 2008 Paraguay has 23 October 2008 Netherlands c 27 July 2005 August 26, 2005 Aruba January 18, 2007 18 January 2007 part Caribbean (Bonaire (, Sint Eustatius and Saba) October 10, 2010 October 10, 2010 Peru 23 January 2002 January 28, 2004 Philippines 28 May 2002 January 28, 2004 Poland September 26, 2003 28 January 2004 Portugal may 10, 2004 June 9, 2004 Central African Republic 6 October 2006 has 5 November 2006 Dominican Republic December 10, 2007 9 January 2008 Czech Republic September 24, 2013 October 24, 2013 Romania 4 December 2002 January 28, 2004 United Kingdom February 9, 2006 March 11, 2006 Russia may 26

2004 25 June 2004 Rwanda October 4, 2006 November 3, 2006 Saint - Kitts - and - Nevis May 21, 2004 was June 20, 2004 San - Marino July 20, 2010 August 19, 2010 Saint - Vincent and the Grenadines October 29, 2010 November 28, 2010 Sao Tome - and - principle 12 April 2006 has 12 May 2006 Senegal October 27, 2003 January 28, 2004 Serbia 6 September 2001 28 January 2004 Seychelles 22 June 2004 July 22, 2004 Sierra Leone 12 August 2014 11 September 2014 Slovakia 21 September 2004 October 21, 2004 Slovenia

May 21, 2004 June 20, 2004 Sweden September 6, 2006 October 6, 2006 Switzerland * 27 October 2006 November 26, 2006 Suriname may 25, 2007 to June 24, 2007 Syria * April 8, 2009 may 8, 2009 Tajikistan 8 July 2002 has January 28, 2004 Tanzania may 24, 2006 23 June 2006 Timor - Leste November 9, 2009 A 9 December 2009 Togo September 28, 2010 October 28, 2010 Trinidad and Tobago 6 November 2007 6 December 2007 Tunisia * July 14, 2003 28 January 2004 Turkmenistan

March 28, 2005 April 27, 2005 Turkey March 25, 2003 January 28, 2004 Ukraine may 21, 2004 June 20, 2004 European Union * September 6, 2006 October 6, 2006 Uruguay 4 March 2005 April 3, 2005 Venezuela * 19 April 2005 may 19, 2005 Zambia 24 April 2005 to 24 May 2005 Swaziland 24 September 2012 October 24, 2012 * reservations and declarations.
Reservations and declarations, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the United Nations Internet site address: http://treaties.un.org/ or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

The Protocol does not apply to the Faroe Islands and Greenland.

The Protocol does not apply to Tokelau.

For the Kingdom in Europe.

Declaration Switzerland has referred to the Switzerland: Swiss Office of maritime navigation, Basel Nauenstrasse 49 4002 Basel Tel. + 41 61 270 91 20 as authority for the purposes of the by. 6 of art. 8 of this Protocol.

2006 5899 RO; FF 2005 6269 art. 1, al. 1, let c, June 23, 2006 (RO 2006 5859) FY 2006 5913 RO, 2008 619 4059, 2009-3867, 2011 3575, 273 2013, 2014 3195. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State on September 30, 2014

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