Advanced Search

RS 0.747.712 Protocol of 14 October 2005 on the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

Original Language Title: RS 0.747.712 Protocole de 2005 du 14 octobre 2005 relatif à la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.747.712

Original text

2005 Protocol on the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

Conclu in London on 14 October 2005

Approved by the Federal Assembly on June 13, 2008 1

Instrument of ratification deposited by Switzerland on 15 October 2008

Entered into force for Switzerland on 28 July 2010

(State on 13 August 2015)

Preamble

The States Parties to this Protocol,

Parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1 , concluded in Rome on 10 March 1988,

Recognizing that terrorist acts constitute a threat to international peace and security,

Bearing in mind resolution A. 924 (22) of the Assembly of the International Maritime Organization, which calls for the review of existing international technical and legal measures and the consideration of new measures to prevent and suppress Terrorism against ships and improve safety on board and on shore, so as to reduce risks for passengers, crews and port personnel, on board ships and in port areas, and for ships and Cargo shipments,

Aware of the Declaration on measures to eliminate international terrorism, annexed to United Nations General Assembly resolution 49/60 of 9 December 1994, in which, inter alia, Member States The United Nations solemnly reaffirms its categorical condemnation, as criminal and unjustifiable, of all terrorist acts, methods and practices, wherever they occur and in any case, including those of Which undermine friendly relations between States and peoples and threaten The territorial integrity and security of States,

Taking note of General Assembly resolution 51/210 of 17 December 1996 and of the Declaration supplementing the 1994 Declaration on measures to eliminate international terrorism annexed thereto,

Recalling the resolutions 1368 (2001) and 1373 (2001) of the United Nations Security Council, which express the will of the international community to combat terrorism in all its forms and manifestations and which entrust Tasks and responsibilities to States for this purpose, and taking into account the continuing threats posed by terrorist attacks,

Recalling also United Nations Security Council resolution 1540 (2004), which recognizes the need for all States to urgently take additional effective measures to prevent the proliferation of nuclear weapons, Chemical and biological and their means of delivery,

Recalling further the Convention on Offences and Certain Other Acts Committed on Board Aircraft 2 , concluded in Tokyo on 14 September 1963; the Convention for the Suppression of Unlawful Seizage of Aircraft 3 , concluded at The Hague on 16 December 1970; the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 4 , concluded in Montreal on 23 September 1971; the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents 5 , adopted by the United Nations General Assembly on 14 December 1973; the International Convention against the Taking of Hostages 6 , adopted by the United Nations General Assembly on 17 December 1979; the Convention on the Physical Protection of Nuclear Material 7 , concluded in Vienna on 26 October 1979, as well as the amendments thereto adopted on 8 July 2005; the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation 8 , concluded in Montreal on 24 February 1988, in addition to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation; the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms On the continental shelf 9 , concluded in Rome on 10 March 1988; the Convention on the Marking of Plastic Explosives for the Purpose of Detection 10 , concluded in Montreal on 1 Er March 1991; International Convention for the Suppression of Terrorist Bombings 11 , adopted by the United Nations General Assembly on 15 December 1997; the International Convention for the Suppression of the Financing of Terrorism 12 , adopted by the United Nations General Assembly on 9 December 1999, and the International Convention for the Suppression of Acts of Nuclear Terrorism 13 , adopted by the United Nations General Assembly on 13 April 2005,

Taking into account the importance of the United Nations Convention on the Law of the Sea 14 , concluded at Montego Bay on 10 December 1982, and customary international law of the sea,

Noting General Assembly resolution 59/46, which reaffirms that international cooperation, as well as the measures taken by States to combat terrorism, should be applied in accordance with the principles Of the Charter of the United Nations 15 , the principles of international law and relevant international conventions, as well as United Nations General Assembly resolution 59/24, which urges States to become parties to the Convention for the Suppression of Acts And its protocol, invites them to participate in the consideration of these instruments by the Legal Committee of the International Maritime Organization in order to strengthen the means of combating such acts Illegal, including terrorist acts, and urges them to take action In order to ensure the effective implementation of these instruments, in particular through the adoption, where appropriate, of legislative provisions to ensure an appropriate framework for intervention in the face of armed robbery and acts Terrorists at sea,

Noting also the importance of the amendments to the 1974 International Convention for the Safety of Life at Sea 16 And the International Code for the Safety of Ships and Port Facilities (ISPS Code), which were adopted in 2002 by the Conference of Contracting Governments to the said Convention with a view to establishing an international technical framework Appropriate cooperation between governments, public bodies, national and local governments and the maritime and port sectors to detect threats to security and to take safeguard measures Security incidents that threaten ships or port facilities used In international trade,

Also noting General Assembly resolution 58/187, which reaffirms that States must ensure that any measures taken to combat terrorism comply with their obligations under the law International instruments, in particular international human rights and refugee instruments, and humanitarian law,

Taking the view that it is necessary to adopt provisions in addition to those of the Convention with a view to the suppression of terrorist acts of additional violence against the safety and security of international maritime navigation and To enhance the effectiveness of the Convention,

Agreed to the following:


Art. 1

For the purposes of this Protocol:

1. "Convention" means the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, concluded in Rome on 10 March 1988.

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

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

Art. 2

Amend s. 1 of the Convention as follows:

Art. 1

(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) 1 , established in New York on 26 October 1956.

Art. 3

Add the following text as an art. 2 Bis Of the Convention:

Art. 2 Bis

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 1 , 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 2 , 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 3 , concluded in Paris on 13 January 1993, for the States Parties to those treaties.


Art. 4

1. Replace the introductory sentence of s. 1 of the art. Conve 3 N In the following text:

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

2. Article 1 (f) of Art. 3 of the Convention: amendment without object in French.

3. Delete s. 1 (g) of Art. 3 of the Convention.

4. Replace with. 2 of the art. 3 of the Convention by the text I In:

2. 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.

5. Add the following text as an art. 3 Bis Of the Convention:

Art. 3 Bis

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.

6. Add the following text as an art. 3 Ter Of the Convention:

Art. 3 Ter

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.

7. Add the following text as an art. 3 Cc Of the Convention:

Art. 3 Cc

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 .
Art. 5

1. Replace art. 5 of the Convention by the following text:

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.

2. Add the following text as an art. 5 Bis Of the Convention:

Art. 5 Bis

(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.

Art. 6

1. Replace the introductory sentence of s. 1 of the art. 6 of the Convention by the following:

(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:

2. Replace with. 3 of Art. 6 of the Convention by the following:

(3) 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.

3. Replace with. 4 of Art. 6 of the Convention by the following:

4. 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.

Art. 7

Add the following list as Annex to the Conve N Tion:

Annex

1. Convention for the Suppression of Unlawful Seizage of Aircraft, concluded at The Hague on 16 December 1970.

2. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, concluded at Montreal on 23 September 1971.

3. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the United Nations General Assembly on 14 December 1973.

4. International Convention against the Taking of Hostages, adopted by the United Nations General Assembly on 17 December 1979.

5. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 26 October 1979.

6. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, concluded at Montreal February 24, 1988.

Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done in Rome on 10 March 1988.

8. International Convention for the Suppression of Terrorist Bombings, adopted by the United Nations General Assembly on 15 December 1997.

9. International Convention for the Suppression of the Financing of Terrorism, adopted by the United Nations General Assembly on 9 December 1999.

Art. 8

1. Replace with. 1 of the art. 8 of the Convention by the following:

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 under art. 3, 3 Bis , 3 Ter Or 3 Cc .

2. Add the following text as an art. 8 Bis Of the Convention:

Art. 8 Bis

(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.

Art.

Replace with. 2 of the art. 10 of the Convention by the following text:

2. 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.

Art. 10

1. Replace with. 1, 2, 3 and 4 of s. 11 of the Convention by the following:

1. The offences described 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. A State Party which makes extradition conditional on the existence of a treaty has the right, 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.

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. 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.

2. Add the following text as an art. 11 Bis Of the Convention:

Art. 11 Bis

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.

3. Add the following text as an art. 11 Ter Of the Convention:

Art. 11 Ter

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.

Art. 11

1. Replace with. 1 of the art. 12 of the Convention by the following:

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. Add the following text as an art. 12 Bis Of the Convention:

Art. 12 Bis

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.

Art. 12

Replace art. 13 of the Convention by the following:

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.

Art. 13

Replace art. 14 of the Convention by the following:

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.

Art. 14

Replace with. 3 of Art. 15 of the Convention by the following text:

3. The information provided in accordance with s. 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.

Art. 15 Interpretation and Application

1. The Convention and this Protocol shall be considered and interpreted, between the Parties to this Protocol, as a single instrument.

2. Art. 1 to 16 of the Convention, as revised by this Protocol, as well as art. 17 to 24 of this Protocol and its annex, constitute and are known as the 2005 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention 2005).

Art. 16

Add the following text as an art. 16 Bis Of the Convention:

Art. 16 Bis Final clauses of the 2005 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

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.

Final Clauses

Art. 17 Signature, ratification, acceptance, approval and accession

This Protocol shall be open for signature at United Nations Headquarters from 14 February 2006 to 13 February 2007 at the Headquarters of the International Maritime Organization. It then remains open for accession.

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

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

Art. 18 Entry into force

(1) This Protocol shall enter into force ninety days after the date on which twelve States have signed it without reservation as to ratification, acceptance or approval, or have deposited with the Secretary-General an instrument of Ratification, acceptance, approval or accession.

2. For a State which deposits an instrument of ratification, acceptance or approval of this Protocol or of its accession to it after the conditions governing its entry into force as set out in s. 1 have been completed, ratification, acceptance, approval or accession shall take effect ninety days after the date of deposit.

Art. 19 Denunciation

1. This Protocol may be denounced by any State Party at any time after the date on which this Protocol enters into force with respect to 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 deposit of the instrument of denunciation with the Secretary-General or at the expiration of any longer period laid down in that instrument.

Art. Review and Change

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

2. The Secretary-General shall convene a conference of the States Parties to this Protocol to revise or amend the Protocol 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 Protocol shall be deemed to apply to the Protocol as amended.

Art. Statements

(1) By depositing its instrument of ratification, acceptance, approval or accession, a State Party which is not a party to a treaty listed in the Annex may declare that, where this Protocol is applied to it, the said Treaty shall be deemed not to Not referred to in s. 3 Ter This declaration lapses upon the entry into force of the Treaty in respect of the State Party, which shall inform the Secretary-General thereof.

(2) Where a State Party ceases to be a party to a treaty listed in the Annex, it may make the declaration provided for in this Article in respect of that Treaty.

(3) By depositing its instrument of ratification, acceptance, approval or accession, a State Party may declare that it will apply the provisions of Art. 3 Ter In accordance with the principles of its criminal law exempting the family from any liability.

Art. Amendments to the Annex

The Annex may be amended by adding relevant treaties which:

(a)
Are open to the participation of all States;
(b)
Entered into force; and
(c)
Have been the subject of ratification, acceptance, approval or accession by at least twelve States Parties to this Protocol.

(2) Any State Party to this Protocol may, after its entry into force, propose such an amendment to the Annex. Any proposed amendment shall be communicated in writing to the Secretary-General. The Commission disseminates any amendment which complies with the conditions set out in paragraph (a). 1 to all Members of the Organization and requests the States Parties to this Protocol if they agree to the adoption of the proposed amendment.

The proposed amendment to the Annex shall be deemed adopted after more than twelve of the States Parties to this Protocol have expressed their consent by sending a written notification to the Secretary-General.

4. Once adopted, the amendment to the Annex shall enter into force, with respect to the States Parties to this Protocol which have deposited an instrument of ratification, acceptance or approval of this amendment, thirty days after the deposit with the Secretary The twelfth instrument of ratification, acceptance or approval. For each State Party to this Protocol which ratifies, accepts or approves the amendment after the deposit with the Secretary-General of the twelfth instrument, the amendment shall enter into force on the thirtieth day after the deposit by that State Party of its Instrument of ratification, acceptance or approval.

Art. Depositary

1. This Protocol, together with any amendments adopted in accordance with Art. 20 and 22, is deposited with the Secretary-General.

2. The Secretary-General:

(a)
Inform all States which have signed or acceded to this Protocol:
(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 Protocol,
(iii)
The deposit of any instrument of denunciation of this Protocol and the date on which it was received and the date on which the denunciation takes effect,
(iv)
Any communication made pursuant to any article of this Protocol,
(v)
Any proposed amendment to the Annex which is made in accordance with paragraph 1. 2 of the art. 22,
(vi)
Any amendment that is deemed to have been adopted in accordance with s. 3 of Art. 22,
(vii)
Any amendment that has been ratified, accepted or approved in accordance with paragraph 1. 4 of Art. 22, and the date on which it enters into force; and
(b)
Transmit certified copies of this Protocol to all States which have signed or acceded to it.

On the entry into force of this Protocol, the Secretary-General shall transmit a certified copy thereof to the Secretary-General of the United Nations for registration and publication in accordance with art. 102 of the United Nations Charter.

Art. 24 Languages

This Protocol 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 Protocol.

Done at London, this 14 October, two thousand five.

(Suivent signatures)

Scope of application on 13 August 2015 2

States Parties

Ratification

Accession (A)

Entry into force

Algeria

25 January

2011 A

April 25

2011

Saudi Arabia

July 31

2013 A

29 October

2013

Austria

18 June

2010

16 September

2010

Bulgaria

7 October

2010

5 January

2011

Congo, Kinshasa

28 May

2015 A

26 August

2015

Côte d' Ivoire

23 March

2012 A

21 June

2012

Cuba

10 April

2014 A

July 9

2014

Djibouti

April 23

2014 A

July 22

2014

Spain

April 16

2008

28 July

2010

Estonia

May 16

2008

28 July

2010

Fiji

21 May

2008 A

28 July

2010

Greece

11 September

2013

10 December

2013

Cook Islands

12 March

2007 A

28 July

2010

Marshall Islands

9 May

2008 A

28 July

2010

Jamaica

28 November

2013 A

26 February

2014

Latvia

16 November

2009 A

28 July

2010

Liechtenstein

August 28

2009 A

28 July

2010

Mauritania

August 21

2013 A

19 November

2013

Nauru

29 April

2010 A

28 July

2010

Nigeria

18 June

2015 A

16 September

2015

Norway

September 30

2013

29 December

2013

Palau

29 September

2011 A

28 December

2011

Panama

24 February

2011 A

25 May

2011

Netherlands A

1 Er March

2011

30 May

2011

Qatar *

10 January

2014 A

10 April

2014

Dominican Republic

March 9

2010 A

28 July

2010

Saint Kitts and Nevis

March 29

2007 A

28 July

2010

San Marino

15 December

2014 A

15 March

2015

Saint Vincent and the Grenadines

July 5

2010 A

3 October

2010

Saint Lucia

8 November

2012 A

February 6

2013

Serbia

July 8

2010

6 October

2010

Sweden

22 September

2014

21 December

2014

Switzerland *

15 October

2008 A

28 July

2010

Turkey

19 July

2010

17 October

2010

Uruguay

29 April

2015 A

28 July

2015

Vanuatu

August 20

2008 A

28 July

2010

*
Reservations and declarations.
Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. English texts can be found at the International Maritime Organization (IMO) website: www.imo.org or obtained at the Directorate of International Public Law (DDIP), International Treaty Section, 3003 Berne.

A For the Kingdom in Europe and the caribian part of the Netherlands (Bonaire, Sint Eustatius and Saba).

Statement

Switzerland 3

Art. 2 Bis

Switzerland declares that art. 2 Bis Of the SUA Convention in the version of the Protocol of 14 October 2005 must not be interpreted as excusing or rendering lawful acts otherwise unlawful or as precluding prosecution under other laws.


RO 2010 3355 ; FF 2008 1041


1 RO 2010 3353
2 RO 2010 3376 , 2011 3823, 2014 769, 2015 2933. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
3 Art. 1 al. 3 of the AF of 13 June 2008 ( RO 2010 3353 )


Status on August 13, 2015