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RS 0.747.711 Protocol of 10 March 1988 for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf

Original Language Title: RS 0.747.711 Protocole du 10 mars 1988 pour la répression d’actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental

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0.747.711

Original text

Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf 1

Conclu in Rome on 10 March 1988
Approved by the Federal Assembly on September 28, 1992 2
Instrument of ratification deposited by Switzerland on 12 March 1993
Entered into force for Switzerland on 10 June 1993

(Status on 19 March 2014)

The States Parties to this Protocol,

Parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 3

Recognizing that the reasons for the development of the Convention also apply to fixed platforms located on the continental shelf,

Taking into account the provisions of the said Convention,

Affirming that matters not regulated by this Protocol will continue to be governed by the rules and principles of general international law,

Agreed to the following:

Art. 1

1. 1 The provisions of s. 1 (c), (d), (e), (f), (g), (h) and (2) (a). 1, those of s. 2 Bis , 5, 5 Bis And 7 and art. 10 to 16, including art. 11 Bis , 11 Ter And 12 Bis The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, as amended by the 2005 Protocol on the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, Also apply Mutatis mutandis Offences referred to in s. 2, 2 Bis And 2 Ter Of this Protocol where such offences are committed on board or against fixed platforms located on the continental shelf.

2. In cases where this Protocol is not applicable in accordance with par. 1, its provisions shall, however, apply if the alleged offender or author of the offence is discovered in the territory of a State Party other than the State in the inland waters or in the territorial sea from which the fixed platform is situated.

3. For the purposes of this Protocol, "fixed platform" means an artificial island, facility or structure permanently attached to the seabed for the purpose of exploration or exploitation of resources or for other economic purposes.


1 New content according to Art. 2 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).

Art. 2

1. Every person who, unlawfully and intentionally, is guilty of a criminal offence:

(a)
Seize a fixed platform or control it by violence or threat of violence; or
(b)
Carries out an act of violence against a person on board a fixed platform, if that act is such as to endanger the safety of the platform; or
(c)
Destroys a fixed platform or causes damage to its security; or
(d) 1
Place or place on a fixed platform, by any means, a device or substance capable of destroying the fixed platform or such as to compromise its safety.
(e) 2
...

2. 3 Any person who threatens to commit any of the offences referred to in s. 1 (b) and (c), if that threat is such as to compromise the security of the fixed platform, 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 doing so To perform any act.


1 New content according to Art. 3 para. 1 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
2 Repealed by Art. 3 para. 2 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and with effect from 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
3 New content according to Art. 3 para. 3 of the Prot. Of 14 Oct. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).

Art. 2 Bis 1

Any person who unlawfully and deliberately, when that act, by his or her nature or context, is guilty of an offence under this Protocol is intended to intimidate a population or to compel a government or an international organization to Perform or refrain from doing any of the following:

(a)
Uses against or on board a fixed platform, or discharges from a fixed platform, explosives, radioactive materials or NCBs, in a manner that causes or is likely to cause death or physical or material damage Serious; or
(b)
Discharges, from a fixed platform, hydrocarbons, liquefied natural gas, or other harmful or potentially dangerous substances that are not covered by para. (a) in quantities or concentrations that cause or are likely to cause death or serious bodily injury; or
(c)
Threat to commit any of the offences referred to in para. (a) or (b), whether or not the threat is accompanied by a condition under domestic law.

1 Introduced by Art. 4. 1 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).

Art. 2 Ter 1

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

(a)
Unlawfully and deliberately injures or kills any person, where those facts present a connection with one of the offences referred to in subs. 1 of the art. 2 or to art. 2 Bis ; or
(b)
Attempts to commit an offence under s. 1 of the art. 2, para. (a) or (b) of s. 2 Bis Or para. (a) of this section; or
(c)
Becomes an accessory to an offence under s. 2 or 2 Bis Or para. (a) or (b) of this section; or
(d)
Organizes the commission of an offence under s. 2 or 2 Bis 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. 2 or 2 Bis 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. 2 or 2 Bis , or
(ii)
Knowing that the group intends to commit an offence under s. 2 or 2 Bis .

1 Introduced by Art. 4. 2 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).

Art. 3

1. 1 Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences referred to in s. 2, 2 Bis And 2 Ter When the offence is committed:

(a)
Against or on board a fixed platform while on the continental shelf of that State; or
(b)
By a national of that State.

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

(a)
When committed by a stateless person who has his or her habitual residence in that State;
(b)
Where, in the course of its commission, a national of that State is detained, threatened, injured or killed; or
(c)
When committed in order to compel that State to perform any act or to refrain from doing so.

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

4. 3 Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences referred to in s. 2, 2 Bis And 2 Ter 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.

5. This Protocol shall not preclude any criminal jurisdiction exercised in accordance with national law.


1 New content according to Art. 5 al. 1 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
2 New content according to Art. 5 al. 2 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).
3 New content according to Art. 5 al. 3 of the Prot. Of 14 Oct. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).

Art. 4

Nothing in this Protocol shall affect in any way the rules of international law relating to fixed platforms located on the continental shelf.

Art. 4 Bis 1 Final provisions of the 2005 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf

The final clauses of the 2005 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf are Art. 8 to 13 of the 2005 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. References in this Protocol to the States Parties shall be considered as references to the States Parties to the 2005 Protocol.


1 Introduced by Art. 7 of the 14 Oct Prot. 2005, approved by the Ass. Fed. June 13, 2008 and in force for Switzerland since 28 July. 2010 ( RO 2010 3345 3343; FF 2008 1041 ).

Art. 5

1. This Protocol shall be open on 10 March 1988 in Rome and, from 14 March 1988 to 9 March 1989, at the Headquarters of the International Maritime Organization (hereinafter referred to as " the Organization) , at the signature of any State which has signed the Convention. 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 which has ratified, accepted, approved or acceded to the Convention may become a Party to this Protocol.

Art. 6

(1) This Protocol shall enter into force ninety days after the date on which three States have either signed the Protocol without reservation as to ratification, acceptance or approval, or deposited an instrument of ratification, Acceptance, approval or accession. However, this Protocol shall not enter into force before the entry into force of the Convention.

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

Art. 7

1. This Protocol may be denounced by any of the States Parties at any time after the expiration of a period of one year from the date on which this 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 date on which the Secretary-General has received the instrument of denunciation or upon the expiration of any longer period laid down in that instrument.

4. A denunciation of the Convention by a State Party shall be deemed to be a denunciation of this Protocol by that Party.

Art. 8

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 five 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.

This Protocol shall be deposited with the Secretary-General.

2. The Secretary-General:

(a)
Inform all States which have signed or acceded to this Protocol and all Members of the Organization:
(i)
Any new signature or deposit of a new instrument of ratification, acceptance, approval or accession, as well as of their date;
(ii)
The date of entry into force of this 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)
Receipt of any declaration or notification made under this Protocol or the Convention concerning this Protocol;
(b)
Transmit certified copies of this Protocol to all States which have signed or acceded to it.

3. Upon the entry into force of this Protocol, a certified copy shall be transmitted by the Depositary to the Secretary-General of the United Nations to be registered and published in accordance with art. 102 of the United Nations Charter 1 .


Art. 10

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

(Suivent signatures)

Scope of application on 19 March 2014 4

States Parties

Ratification Accession (A)

Entry into force

Afghanistan

23 September

2003 A

22 December

2003

South Africa

July 8

2005 A

6 October

2005

Albania

19 June

2002 A

September 17

2002

Algeria

30 June

2006 A

28 September

2006

Germany

6 November

1990 A

1 Er March

1992

Andorra

17 July

2006 A

15 October

2006

Antigua and Barbuda

12 October

2009 A

10 January

2010

Saudi Arabia

2 February

2006 A

3 May

2006

Argentina

26 November

2003

24 February

2004

Armenia

8 June

2005 A

September 6

2005

Australia

19 February

1993 A

20 May

1993

Austria

28 December

1989 A

1 Er March

1992

Azerbaijan

26 January

2004 A

April 25

2004

Bahamas

25 October

2005

23 January

2006

Bahrain

21 October

2005 A

19 January

2006

Bangladesh

9 June

2005 A

7 September

2005

Barbados

6 May

1994 A

August 4

1994

Belarus

4 December

2002 A

March 4

2003

Belgium

April 11

2005

10 July

2005

Benin

August 31

2006 A

29 November

2006

Bolivia

13 February

2002 A

14 May

2002

Bosnia and Herzegovina

28 July

2003 A

26 October

2003

Botswana

September 14

2000 A

13 December

2000

Brazil *

25 October

2005

23 January

2006

Brunei

4 December

2003

3 March

2004

Bulgaria

July 8

1999

6 October

1999

Burkina Faso

15 January

2004 A

April 14

2004

Cambodia

August 18

2006 A

16 November

2006

Canada

18 June

1993

16 September

1993

Cape Verde

3 January

2003 A

3 April

2003

Chile

22 April

1994

July 21

1994

China *

August 20

1991

1 Er March

1992

Cyprus

2 February

2000 A

2 May

2000

Comoros

6 March

2008 A

4 June

2008

Korea (South)

10 June

2003

8 September

2003

Costa Rica

25 March

2003

23 June

2003

Côte d' Ivoire

23 March

2012 A

21 June

2012

Croatia

18 March

2005 A

16 November

2005

Cuba *

20 November

2001 A

18 February

2002

Denmark *

August 25

1995

23 November

1995

Djibouti

9 June

2004 A

7 September

2004

Dominica

12 October

2004 A

10 January

2005

Egypt *

8 January

1993

April 8

1993

El Salvador

7 December

2000 A

7 March

2001

United Arab Emirates *

September 15

2005 A

14 December

2005

Ecuador

10 March

2003 A

8 June

2003

Spain

7 July

1989

1 Er March

1992

Estonia

28 January

2004 A

April 27

2004

United States

6 December

1994

6 March

1995

Fiji

21 May

2008 A

19 August

2008

Finland

28 April

2000 A

27 July

2000

France *

2 December

1991

1 Er March

1992

Georgia

1 Er August

2006 A

9 November

2006

Ghana

1 Er November

2002 A

30 January

2003

Greece

11 June

1993

9 September

1993

Grenada

9 January

2002 A

April 9

2002

Guatemala

26 August

2009 A

24 November

2009

Guinea

1 Er February

2005 A

2 May

2005

Equatorial Guinea

14 January

2004 A

13 April

2004

Guinea-Bissau

14 October

2008 A

12 January

2009

Guyana

30 January

2003 A

April 30

2003

Honduras

17 May

2005 A

August 15

2005

Hungary

9 November

1989

1 Er March

1992

Marshall Islands

October 16

1995 A

14 January

1996

India

15 October

1999 A

13 January

2000

Iran *

30 October

2009 A

28 January

2010

Ireland

10 September

2004 A

9 December

2004

Iceland

28 May

2002 A

26 August

2002

Israel

6 January

2009

April 6

2009

Italy

26 January

1990

1 Er March

1992

Jamaica *

19 August

2005

17 November

2005

Japan

24 April

1998 A

July 23

1998

Jordan

July 2

2004

September 30

2004

Kazakhstan

24 November

2003 A

24 February

2004

Kenya

21 January

2002 A

April 21

2002

Kiribati

17 November

2005 A

February 16

2006

Kuwait

30 June

2003 A

28 September

2003

Laos

20 March

2012 A

18 June

2012

Lesotho

25 June

2013 A

23 September

2013

Latvia

4 December

2002 A

March 4

2003

Lebanon

16 December

1994 A

March 16

1995

Liberia

5 October

1995

3 January

1996

Libya

8 August

2002 A

6 November

2002

Liechtenstein

8 November

2002 A

February 6

2003

Lithuania

30 January

2003 A

April 30

2003

Luxembourg

5 January

2011 A

5 April

2011

Macedonia

August 5

2007 A

5 November

2007

Madagascar

September 15

2006 A

14 December

2006

Malawi

10 January

2014 A

10 April

2014

Maldives

25 February

2014 A

26 May

2014

Mali

29 April

2002 A

28 July

2002

Malta

20 November

2001 A

18 February

2002

Morocco

8 January

2002

April 8

2002

Mauritius

August 3

2004 A

1 Er November

2004

Mauritania

17 January

2008

April 16

2008

Mexico *

13 May

1994 A

August 11

1994

Moldova *

11 October

2005 A

9 January

2006

Monaco

25 January

2002 A

April 25

2002

Mongolia

22 November

2005 A

20 February

2006

Montenegro

3 June

2006 S

3 June

2006

Mozambique

8 January

2003 A

April 8

2003

Myanmar

19 September

2003 A

18 December

2003

Namibia

7 September

2005 A

6 December

2005

Nauru

August 11

2005 A

9 November

2005

Nicaragua

4 July

2007 A

2 October

2007

Niger

August 30

2006 A

28 November

2006

Niue

22 June

2009 A

September 20

2009

Norway

18 April

1991

1 Er March

1992

New Zealand

10 June

1999

8 September

1999

Oman

24 September

1990 A

1 Er March

1992

Uzbekistan

September 25

2000 A

24 December

2000

Pakistan

September 20

2000 A

19 December

2000

Palau

4 December

2001 A

March 4

2002

Panama

3 July

2002 A

1 Er October

2002

Paraguay

12 November

2004 A

10 February

2005

Netherlands *

March 5

1992

3 June

1992

Peru

19 July

2001 A

17 October

2001

Philippines

6 January

2004

5 April

2004

Poland

25 June

1991

1 Er March

1992

Portugal

5 January

1996 A

April 4

1996

Qatar

18 September

2003 A

17 December

2003

Dominican Republic

August 12

2009 A

10 November

2009

Czech Republic

10 December

2004

10 March

2005

Romania

2 June

1993 A

August 31

1993

United Kingdom

3 May

1991

1 Er March

1992

Isle of Man

February 8

1999

7 May

1999

Russia

4 May

2001

2 August

2001

Saint Lucia

20 May

2004 A

August 18

2004

Saint Vincent and the Grenadines

9 October

2001 A

7 January

2002

Sao Tome and Principe

5 May

2006 A

August 3

2006

Senegal

August 9

2004 A

7 November

2004

Serbia

2 March

2005 A

May 31

2005

Seychelles

24 January

1989

1 Er March

1992

Slovakia

8 December

2000 A

8 March

2000

Slovenia

18 July

2003 A

October 16

2003

Sudan

22 May

2000 A

August 20

2000

Sweden

13 September

1990

1 Er March

1992

Switzerland

12 March

1993

10 June

1993

Swaziland

April 17

2003 A

July 16

2003

Syria

24 March

2003 A

22 March

2003

Tajikistan

August 12

2005 A

10 November

2005

Togo

10 March

2003 A

8 June

2003

Tonga

6 December

2002 A

6 March

2003

Trinidad and Tobago

27 July

1989 A

1 Er March

1992

Tunisia

6 March

1998 A

4 June

1998

Turkmenistan

8 June

1999 A

September 6

1999

Turkey *

6 March

1998

4 June

1998

Ukraine

April 21

1994

July 20

1994

Uruguay

10 August

2001 A

8 November

2001

Vanuatu

18 February

1999 A

19 May

1999

Vietnam

July 12

2002 A

10 October

2002

Yemen

30 June

2000 A

28 September

2000

*

Reservations and declarations.

Reservations and declarations are not published in the RO. English texts can be found at the International Maritime Organization (IMO) website: www.imo.org/ or obtained at DDIP/DFAE, International Treaty Section, 3003 Berne.


RO 1993 1923; FF 1992 II 1533


1 The Am. 14 Oct. 2005 (RS 0.747.711.1 ; RO 2010 3345 ) Are inserted in this text. These Am. Govern only the relations between the states that have ratified them. See therefore their own scope.
2 Art. 1 al. 1 let. B of the FY 28. 1992 (RO 1993 1909).
3 RS 0.747.71
4 RO 1993 1928 , 2002 3839, 2004 2755, 2005 4441, 2008 101, 2010 2297, 2014 765. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on March 19, 2014