This Protocol supplements the United Nations Convention against Transnational Organized Crime. It is interpreted in conjunction with the Convention.

2. The provisions of the Convention apply Mutatis mutandis Under this Protocol, unless otherwise provided for in the said Protocol.

3. Offences established pursuant to s. 6 of this Protocol shall be regarded as offences established in accordance with the Convention.

The purpose of this Protocol is to prevent and combat the smuggling of migrants, as well as to promote cooperation between States parties to that end, while protecting the rights of migrants who are the subject of such trafficking.

For the purposes of this Protocol:

(a)

The term "smuggling of migrants" means ensuring, in order to derive, directly or indirectly, a financial advantage or other material advantage, illegal entry into a State party of a person who is not a national or A permanent resident of that State;

(b)

The term 'illegal entry' means the crossing of borders when the conditions necessary for legal entry into the host state are not met;

(c)

"Fraudulent travel or identity document" means any travel or identity document:

(i)

Has been infringed or substantially altered by any person other than a person or authority that is legally entitled to establish or issue the travel or identity document on behalf of a State, or

(ii)

Which has been issued or obtained in an irregular manner with a false declaration, corruption or coercion, or in any other illegal manner, or

(iii)

Which is used by a person other than the lawful owner;

(d)

The term "vessel" means any type of aquatic equipment, including a gear without draught and a seaplane, used or capable of being used as a means of transport on the water, other than a warship, an auxiliary warship or Other ship owned or operated by a government, as long as it is used exclusively for a non-commercial public service.

This Protocol shall apply, unless otherwise provided, to the prevention, investigation and prosecution of offences established in accordance with its art. 6, where such offences are transnational in nature and involve an organized criminal group, as well as the protection of the rights of persons who have been the subject of such offences.

Migrants do not become liable to criminal prosecution under this Protocol because they have been the subject of the acts set out in its art. 6.

(1) Each State Party shall adopt such legislative and other measures as may be necessary to establish the character of a criminal offence, where the acts were committed intentionally and to derive, directly or indirectly, a financial or other benefit Material advantage:

(a)

Smuggling of migrants;

(b)

Where the acts were committed in order to permit the smuggling of migrants:

(i)

The making of a fraudulent travel or identity document,

(ii)

Providing, providing or possessing such a document;

(c)

To enable a person, who is neither a national nor a permanent resident, to remain in the State concerned, without satisfying the conditions necessary for the legal residence in that State, by the means referred to in para. (b) of this paragraph or by any other illegal means.

(2) Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:

(a)

Subject to the fundamental concepts of its legal system, in an attempt to commit an offence established in accordance with subs. 1 of this article;

(b)

Becoming an accomplice in an offence established in accordance with para. (a), para. (b) (i) or para. (c) of s. 1 of this Article and, subject to the fundamental concepts of its legal system, to the surrender of an offence established in accordance with para. (b) (ii) para. 1 of this article;

(c)

Organizing the commission of an offence established in accordance with s. 1 of this article or give instructions to other persons for the purpose of committing it.

(3) Each State Party shall adopt such legislative and other measures as may be necessary to establish the aggravating circumstance of offences established in accordance with paras. (a), (b) (i) and (c), para. 1 of this Article and, subject to the fundamental concepts of its legal system, offences established in accordance with paras. (b) and (c) of s. 2 of this article:

(a)

The danger or danger of endangtaking the life or safety of the migrants concerned; or

(b)

Inhuman or degrading treatment of such migrants, including exploitation.

4. Nothing in this Protocol shall prevent a State Party from taking action against a person whose acts constitute an offence under its domestic law.

States Parties shall cooperate to the maximum extent possible with a view to preventing and suppressing the smuggling of migrants by sea, in accordance with international law of the sea.

1. A State Party which has reasonable grounds to suspect that a ship flying its flag or registering on its register, without nationality, or possessing in reality the nationality of the State Party in question, although it is A foreign flag or refuse to fly its flag, is engaged in the illicit traffic of migrants by sea may ask other States Parties to assist it in ending the use of the said vessel for that purpose. The States Parties so requested shall provide such assistance to the extent possible taking into account the means at their disposal.

2. A State Party which has reasonable grounds to suspect that a ship exercising freedom of navigation in accordance with international law and flying the flag or bearing the registration marks of another State Party is engaged in traffic Illegal migrants by sea may notify the flag State, request confirmation of registration and, if confirmed, request authorisation from that State to take appropriate measures in respect of that vessel. The flag State may, inter alia, authorise the requesting State to:

(a)

Boarding the vessel;

(b)

Visiting the ship; and

(c)

If it finds evidence that the ship is engaged in the smuggling of migrants by sea, take the appropriate measures in respect of the ship, persons and cargo on board, as the flag State has authorised to do so.

(3) A State Party which has taken one of the measures in accordance with s. 2 of this Article shall without delay inform the flag State concerned of the results of this measure.

4. A State Party shall reply without delay to a request from another State Party with a view to determining whether a vessel which registers on its register or which beats its flag is entitled to it, as well as to a request for authorisation Submitted in accordance with s. 2 of this article.

5. A flag State may, to the extent compatible with Art. 7 of this Protocol, make its authorisation subject to conditions laid down by mutual agreement between it and the requesting State, in particular with regard to the responsibility and scope of the effective measures to be taken. A State Party shall not take any further measures 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 resulting from agreements Relevant bilateral or multilateral.

6. Each State Party shall designate one or, where appropriate, several authorities entitled to receive requests for assistance, confirmation of registration on its register or the right to fly its flag, as well as requests for authorisation from Take appropriate action and respond to it. The Secretary-General shall notify all other States Parties of the authority designated by each of them within one month of that designation.

7. A State Party which has reasonable grounds to suspect that a ship is engaged in the illicit traffic of migrants by sea and that the ship is without nationality or may be assimilated to a ship without nationality may board and visit it. If the suspicion is confirmed by evidence, that State Party shall take appropriate measures in accordance with domestic law and relevant international law.

1. When taking action against a ship in accordance with s. 8 of this Protocol, a State Party:

(a)

Ensures the safety and humane treatment of persons on board;

(b)

Shall take due account of the need not to compromise the safety of the vessel or its cargo;

(c)

Take due account of the need not to prejudice the commercial interests or the rights of the flag State or any other State concerned;

(d)

Shall ensure that any measure taken in respect of the vessel is environmentally sound.

2. Where the reasons for the measures taken pursuant to s. 8 of this Protocol shall be without merit, the ship shall be compensated for any loss or damage, provided that it has not committed any act justifying the measures taken.

(3) Where a measure is taken, adopted or applied in accordance with this Chapter, due account shall be taken of the need not to affect or hinder:

(a)

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

(b)

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

4. Any measure taken at sea pursuant to this Chapter shall be carried out only by warships or military aircraft, or from other ships or aircraft, to that duly authorized, carrying visibly an outer and identifiable mark As being in the service of the State.

1. Without prejudice to art. 27 and 28 of the Convention, the States Parties, in particular those which have common borders or are located on routes taken for the smuggling of migrants, in order to achieve the objectives of this Protocol, shall exchange, in accordance with To their respective legal and administrative systems, relevant information concerning in particular:

(a)

Embarkation and destination points as well as routes, carriers and means of transportation known or suspected to be used by an organized criminal group committing the acts set out in s. 6 of this Protocol;

(b)

The identity and methods of organized criminal organizations or groups that are known or suspected to commit the acts set out in s. 6 of this Protocol;

(c)

The authenticity and characteristics of travel documents issued by a State Party, as well as the theft of travel documents or blank identity documents or the improper use thereof;

(d)

The means and methods of concealting and transporting persons, the unlawful alteration, reproduction or acquisition or any improper use of travel documents or identity documents used in the acts set out in s. 6 of the present Protocol and the means of detecting them;

(e)

Legislative experience and practices and measures to prevent and combat acts set out in s. 6 of this Protocol; and

(f)

Scientific and technical issues of relevance to law enforcement and law enforcement, in order to reinforce each other's capacity to prevent and detect acts set out in art. 6 of this Protocol, to investigate and prosecute these acts.

(2) A State Party which receives information shall comply with any request made by the State Party submitting its use to restrictions.

Without prejudice to international commitments on the free movement of persons, States Parties shall, to the extent possible, strengthen the border controls necessary to prevent and detect the smuggling of migrants.

(2) Each State Party shall adopt such legislative or other measures as may be appropriate to prevent, as far as possible, the use of means of transport operated by commercial carriers for the commission of the offence established In accordance with para. (a) para. 1 of the art. 6 of this Protocol.

Where applicable, and without prejudice to applicable international conventions, such measures shall include, inter alia, providing for the obligation of commercial carriers, including any transport company or owner or operator Of any means of transport, to verify that all passengers are in possession of the travel documents required for entry into the receiving State.

4. Each State Party shall take the necessary measures, in accordance with its domestic law, to impose sanctions on the obligation set out in par. 3 of this article.

5. Each State Party shall consider taking measures which permit, in accordance with its domestic law, to refuse the entry of persons involved in the commission of offences established in accordance with this Protocol or to cancel their visas.

6. Without prejudice to s. 27 of the Convention, the States Parties intend to strengthen cooperation between their border control services, including through the establishment and maintenance of direct channels of communication.

Each State Party shall take the necessary measures, depending on the means available:

(a)

To ensure that the travel or identity documents it issues are of such quality that they cannot be easily used and falsified or altered, reproduced or unlawfully issued; and

(b)

To ensure the integrity and security of travel or identity documents issued by or on behalf of the Minister and to prevent the unlawful creation, issuance and use of such documents.

At the request of another State Party, a State Party shall, in accordance with its domestic law and within a reasonable time limit, verify the legitimacy and validity of travel or identity documents issued or purported to have been issued on its behalf and Suspicion that they are used to commit the acts set out in s. 6 of this Protocol.

States Parties shall ensure or strengthen the specialized training of immigration officers and other relevant agents in the prevention of acts set out in s. 6 of this Protocol and to the human treatment of the subject migrants of such acts, as well as respect for the rights recognized in this Protocol.

2. States Parties shall 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 a Adequate training of personnel in their territory, with a view to preventing, combating and eradicating the acts set out in Art. 6 of this Protocol and to protect the rights of migrants subject to such acts. This training includes:

(a)

Improving the safety and quality of travel documents;

(b)

The recognition and detection of fraudulent travel or identity documents;

(c)

Criminal intelligence activities, in particular the identification of organized criminal groups that are known or suspected to commit the acts set out in s. 6 of the present Protocol, the methods used to transport smuggled migrants, the improper use of travel documents or identity documents in order to carry out the acts set out in art. 6 and the means of concealability used in the smuggling of migrants;

(d)

Improving the detection procedures at the traditional and non-traditional ports of entry and exit of smuggled migrants; and

(e)

The human treatment of migrants and the protection of the rights recognized in this Protocol.

3. States Parties with the appropriate expertise shall consider providing technical assistance to States which are frequently countries of origin or transit for persons who have been the subject of the acts set out in Art. 6 of this Protocol. States Parties shall make every effort to provide the necessary resources, such as vehicles, computer systems and document readers, in order to combat acts set out in Art. 6.

Each State Party shall take measures to establish or strengthen information programmes to raise public awareness of the fact that acts set out in Art. 6 of the present Protocol constitutes a criminal activity frequently perpetrated by organised criminal groups in order to make a profit and that they pose serious risks to the migrants concerned.

2. In accordance with Art. 31 of the Convention, States Parties shall cooperate in the field of information in order to prevent potential migrants from becoming victims of organised crime groups.

Each State Party shall 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 by granting a Special attention to economically and socially disadvantaged areas, in order to address the underlying socio-economic causes of the smuggling of migrants, such as poverty and underdevelopment.

1. When applying this Protocol, each State Party shall, in accordance with its obligations under international law, take all appropriate measures, including, where appropriate, legislative measures, to safeguard and Protect the rights of persons who have been the subject of the acts set out in s. 6 of this Protocol, such as these rights are granted to them under applicable international law, in particular the right to life and the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

(2) Each State Party shall take appropriate measures to provide migrants with adequate protection against violence which may be inflicted on them, both by persons and by groups, by the fact that they have been the subject of the acts set out in Art. 6 of this Protocol.

(3) Each State Party shall provide appropriate assistance to migrants whose life or security is endangered by the fact that they have been the subject of the acts set out in Art. 6 of this Protocol.

4. When applying the provisions of this article, States Parties shall take into account the special needs of women and children.

5. In the case of detention of a person who has been the subject of the acts set out in s. 6 of this Protocol, each State Party shall respect its obligations under the Vienna Convention on Consular Relations ¹ , in the relevant cases, including the obligation to inform the data subject without delay of the provisions relating to the notification and communication with consular officials.

States Parties shall consider the conclusion of bilateral or regional agreements, operational arrangements or agreements to:

(a)

To establish the most appropriate and effective measures to prevent and combat acts set out in s. 6 of this Protocol; or

(b)

To develop the provisions of this Protocol between them.

(1) Each State Party agrees to facilitate and accept, without undue or unreasonable delay, the return of a person who has been the subject of an act set out in s. 6 of this Protocol and which is its national or has the right to permanent residence on its territory at the time of return.

(2) Each State Party shall examine the possibility of facilitating and accepting, in accordance with its domestic law, the return of a person who has been the subject of an act set out in s. 6 of this Protocol and which had the right to reside permanently in its territory at the time of entry of that person into the territory of the receiving State.

(3) At the request of the host State Party, a requested State Party shall, without undue or unreasonable delay, verify whether a person who has been the subject of an act set out in s. 6 of this Protocol is its national or has the right to reside permanently in its territory.

4. In order to facilitate the return of a person who has been the subject of an act set out in s. 6 of this Protocol and not having the necessary documents, the State Party of which that person is a national or in which it has the right to reside on a permanent basis agrees to issue, at the request of the host State, the documents Of travel or other authorization necessary to allow the person to surrender and be readmitted to the person's territory.

5. Each State Party concerned by the return of a person who has been the subject of an act set out in s. 6 of this Protocol shall take all appropriate measures to organise such return in an orderly manner and taking due account of the safety and dignity of the person.

6. States Parties may cooperate with the relevant international organizations for the purposes of this Article.

7. This Article shall be without prejudice to any right granted by any law of the State Party to persons who have been the subject of an act set out in s. 6 of this Protocol.

8. This Article shall not affect the obligations entered into under any other applicable bilateral or multilateral treaty or any other applicable operational agreement or arrangement governing, in whole or in part, the return of the Persons who have been the subject of an act set out in s. 6 of this Protocol.

Nothing in this Protocol affects the other rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and relative international law Human rights and, in particular, where applicable, of the 1951 Convention ¹ And the 1967 Protocol ² On the status of refugees and the principle of non-refoulement.

(2) The measures set out in this Protocol shall be interpreted and applied in such a way that persons are not discriminated against on the ground that they are the subject of the acts set out in s. 6 of this Protocol. The interpretation and application of these measures are consistent with the internationally recognized principles of non-discrimination.

States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol by negotiation.

2. Any dispute between two or more States Parties concerning the interpretation or application of this Protocol which cannot be settled by negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to Arbitration. If, within six months of the date of the request for arbitration, the States Parties are unable to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice in A request in accordance with the Statute of the Court ¹ .

(3) Each State Party may, at the time of signature, ratification, acceptance or approval of this Protocol or accession to this Protocol, declare that it does not consider itself bound by s. 2 of this article. The other States Parties are not bound by s. 2 of this Article to any State Party having issued such a reservation.

4. Any State Party which has issued a reservation under s. 3 of this article may withdraw it at any time by sending a notification to the Secretary-General of the United Nations.

This Protocol shall be open for signature by all States 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 on the condition that at least one member State of such an organization has signed this Protocol in accordance with para. 1 of this article.

3. This Protocol shall be subject to ratification, acceptance or approval. 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 so. In this instrument of ratification, acceptance or approval, this Organization shall declare the extent of its competence in matters governed by this Protocol. It shall also inform the depositary of any relevant changes in the scope of its competence.

(4) This Protocol shall be open for accession by any State or 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 accession, a regional economic integration organization shall declare the extent of its competence in matters governed by this Protocol. It shall also inform the depositary of any relevant changes in the scope of its competence.

(1) This Protocol shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, on the understanding that it will not enter into force before the Convention Does not enter into force. For the purposes of this paragraph, none of the instruments deposited by a regional economic integration organization shall be considered as an instrument in addition to the instruments already deposited by the member States of that organization.

2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth relevant instrument, this Protocol shall enter into force on the thirtieth day According to the date of deposit of the relevant instrument by that State or organization or on the date on which it enters into force pursuant to s. 1 of this article, if the article is later.

At the expiration of five years from the entry into force of this Protocol, a State Party to the Protocol may propose an amendment and file it with the Secretary-General of the United Nations. The latter shall then communicate the proposed amendment to the States Parties and the Conference of the Parties to the Convention for the consideration of the proposal and the adoption of a decision. The States Parties to this Protocol meeting in Conference of the Parties shall make every effort to reach a consensus on any amendment. If all efforts to that effect have been exhausted without agreement, it will be necessary, as a last resort, for the amendment to be adopted, a vote by a two-thirds majority of the States Parties to this Protocol present at the Conference of And cast their votes.

2. Regional economic integration organizations shall have, in order to exercise, under this Article, their right to vote in matters falling within their competence, with a number of votes equal to the number of their member States party to the Protocol. They shall not exercise their right to vote if their member states exercise theirs, and vice versa.

3. An amendment adopted in accordance with paragraph 3. 1 of this Article shall be subject to ratification, acceptance or approval by the States Parties.

4. An amendment adopted in accordance with paragraph 1. 1 of this Article shall enter into force for a State Party ninety days after the date of deposit by the State Party to the Secretary-General of the United Nations of an instrument of ratification, acceptance or Approval of the amendment.

5. An amendment entered into force is binding on the States Parties which have expressed their consent to be bound by it. The other States Parties shall remain bound by the provisions of this Protocol and any earlier amendments which they have ratified, accepted or approved.

1. A State Party may denounce this Protocol by written notification addressed to the Secretary-General of the United Nations. 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 shall cease to be a Party to this Protocol when all its member States have denounced it.

The Secretary-General of the United Nations shall be the 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 plenipotentiaries, duly authorized by their respective Governments, have signed this Protocol.

(Suivent signatures)