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35

INTERNATIONAL CONVENTION FOR

THE SUPPRESSION OF ACTS OF

NUCLEAR TERRORISM

UNITED NATIONS

2005

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Being convinced of the urgent need to enhance international cooperation

between States in devising and adopting effective and practical measures for

the prevention of such acts of terrorism and for the prosecution and

punishment of their perpetrators,

Noting that the activities of military forces of States are governed by

rules of international law outside of the framework of this Convention and that

the exclusion of certain actions from the coverage of this Convention does not

condone or make lawful otherwise unlawful acts, or preclude prosecution

under other laws,

Have agreed as follows:

Article 1

For the purposes of this Convention:

1.

“Radioactive material” means nuclear material and other radioactive

substances which contain nuclides which undergo spontaneous disintegration

(a process accompanied by emission of one or more types of ionizing

radiation, such as alpha-, beta-, neutron particles and gamma rays) and which

may, owing to their radiological or fissile properties, cause death, serious

bodily injury or substantial damage to property or to the environment.

2.

“Nuclear material” means plutonium, except that with isotopic

concentration exceeding 80 per cent in plutonium-238; uranium-233; uranium

enriched in the isotope 235 or 233; uranium containing the mixture of isotopes

as occurring in nature other than in the form of ore or ore residue; or any

material containing one or more of the foregoing;

Whereby “uranium enriched in the isotope 235 or 233” means uranium

containing the isotope 235 or 233 or both in an amount such that the

abundance ratio of the sum of these isotopes to the isotope 238 is greater than

the ratio of the isotope 235 to the isotope 238 occurring in nature.

3.

“Nuclear facility” means:

(a)

Any nuclear reactor, including reactors installed on vessels,

vehicles, aircraft or space objects for use as an energy source in order to propel

such vessels, vehicles, aircraft or space objects or for any other purpose;

(

b)

Any plant or conveyance being used for the production, storage,

processing or transport of radioactive material.

4.

“Device” means:

(

a)

Any nuclear explosive device; or

(

b)

Any radioactive material dispersal or radi ation-emitting device

which may, owing to its radiological properties, cause death, serious bodily

injury or substantial damage to property or to the environment.

International Convention for the Suppression of Acts of

Nuclear Terrorism

The States Parties to this Convention,

Having in mind the purposes and principles of the Charter of the United

Nations concerning the maintenance of international peace and security and

the promotion of good-neighbourliness and friendly relations and cooperation

among States,

Recalling the Declaration on the Occasion of the Fiftieth Anniversary of

the United Nations of 24 October 1995,

Recognizing the right of all States to develop and apply nuclear energy

for peaceful purposes and their legitimate interests in the potential benefits to

be derived from the peaceful application of nuclear energy,

Bearing in mind the Convention on the Physical Protection of Nuclear

Material of 1980,

Deeply concerned about the worldwide escalation of acts of terrorism in

all its forms and manifestations,

Recalling the Declaration on Measures to Eliminate International

Terrorism annexed to General Assembly resolution 49/60 of 9 December 1994,

in which, inter alia, the States Members of the United Nations solemnly

reaffirm their unequivocal condemnation of all acts, methods and practices of

terrorism as criminal and unjustifiable, wherever and by whomever committed,

including those which jeopardize the friendly relations among States and

peoples and threaten the territorial integrity and security of States,

Noting that the Declaration also encouraged States to review urgently

the scope of the existing international legal provisions on the prevention,

repression and elimination of terrorism in all its forms and manifestations, with

the aim of ensuring that there is a comprehensive legal framework covering all

aspects of the matter,

Recalling General Assembly resolution 51/210 of 17 December 1996

and the Declaration to Supplement the 1994 Declaration on Measures to

Eliminate International Terrorism annexed thereto,

Recalling also that, pursuant to General Assembly resolution 51/210, an

ad hoc committee was established to elaborate, inter alia, an international

convention for the suppression of acts of nuclear terrorism to supplement

related existing international instruments,

Noting that acts of nuclear terrorism may result in the gravest

consequences and may pose a threat to international peace and sec urity,

Noting also that existing multilateral legal provisions do not adequately

address those attacks,

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Being convinced of the urgent need to enhance international cooperation

between States in devising and adopting effective and practical measures for

the prevention of such acts of terrorism and for the prosecution and

punishment of their perpetrators,

Noting that the activities of military forces of States are governed by

rules of international law outside of the framework of this Convention and that

the exclusion of certain actions from the coverage of this Convention does not

condone or make lawful otherwise unlawful acts, or preclude prosecution

under other laws,

Have agreed as follows:

Article 1

For the purposes of this Convention:

1.

“Radioactive material” means nuclear material and other radioactive

substances which contain nuclides which undergo spontaneous disintegration

(a process accompanied by emission of one or more types of ionizing

radiation, such as alpha-, beta-, neutron particles and gamma rays) and which

may, owing to their radiological or fissile properties, cause death, serious

bodily injury or substantial damage to property or to the environment.

2.

“Nuclear material” means plutonium, except that with isotopic

concentration exceeding 80 per cent in plutonium-238; uranium-233; uranium

enriched in the isotope 235 or 233; uranium containing the mixture of isotopes

as occurring in nature other than in the form of ore or ore residue; or any

material containing one or more of the foregoing;

Whereby “uranium enriched in the isotope 235 or 233” means uranium

containing the isotope 235 or 233 or both in an amount such that the

abundance ratio of the sum of these isotopes to the isotope 238 is greater than

the ratio of the isotope 235 to the isotope 238 occurring in nature.

3.

“Nuclear facility” means:

(a)

Any nuclear reactor, including reactors installed on vessels,

vehicles, aircraft or space objects for use as an energy source in order to propel

such vessels, vehicles, aircraft or space objects or for any other purpose;

(

b)

Any plant or conveyance being used for the production, storage,

processing or transport of radioactive material.

4.

“Device” means:

(

a)

Any nuclear explosive device; or

(

b)

Any radioactive material dispersal or radi ation-emitting device

which may, owing to its radiological properties, cause death, serious bodily

injury or substantial damage to property or to the environment.

International Convention for the Suppression of Acts of

Nuclear Terrorism

The States Parties to this Convention,

Having in mind the purposes and principles of the Charter of the United

Nations concerning the maintenance of international peace and security and

the promotion of good-neighbourliness and friendly relations and cooperation

among States,

Recalling the Declaration on the Occasion of the Fiftieth Anniversary of

the United Nations of 24 October 1995,

Recognizing the right of all States to develop and apply nuclear energy

for peaceful purposes and their legitimate interests in the potential benefits to

be derived from the peaceful application of nuclear energy,

Bearing in mind the Convention on the Physical Protection of Nuclear

Material of 1980,

Deeply concerned about the worldwide escalation of acts of terrorism in

all its forms and manifestations,

Recalling the Declaration on Measures to Eliminate International

Terrorism annexed to General Assembly resolution 49/60 of 9 December 1994,

in which, inter alia, the States Members of the United Nations solemnly

reaffirm their unequivocal condemnation of all acts, methods and practices of

terrorism as criminal and unjustifiable, wherever and by whomever committed,

including those which jeopardize the friendly relations among States and

peoples and threaten the territorial integrity and security of States,

Noting that the Declaration also encouraged States to review urgently

the scope of the existing international legal provisions on the prevention,

repression and elimination of terrorism in all its forms and manifestations, with

the aim of ensuring that there is a comprehensive legal framework covering all

aspects of the matter,

Recalling General Assembly resolution 51/210 of 17 December 1996

and the Declaration to Supplement the 1994 Declaration on Measures to

Eliminate International Terrorism annexed thereto,

Recalling also that, pursuant to General Assembly resolution 51/210, an

ad hoc committee was established to elaborate, inter alia, an international

convention for the suppression of acts of nuclear terrorism to supplement

related existing international instruments,

Noting that acts of nuclear terrorism may result in the gravest

consequences and may pose a threat to international peace and sec urity,

Noting also that existing multilateral legal provisions do not adequately

address those attacks,

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(b)

Organizes or directs others to commit an offence as set forth in

paragraph 1, 2 or 3 of the present article; or

(

c)

In any other way contributes to the commission of one or more

offences as set forth in paragraph 1, 2 or 3 of the present article by a group of

persons acting with a common purpose; such contribution shall be intentional

and either be made with the aim of furthering the general criminal activity or

purpose of the group or be made in the knowledge of the intention of the group

to commit the offence or offences concerned.

Article 3

This Convention shall not apply where the offence is committed within a

single State, the alleged offender and the victims are nationals of that State, the

alleged offender is found in the territory of that State and no other State has a

basis under article 9, paragraph 1 or 2, to exercise jurisdiction, except that the

provisions of articles 7, 12, 14, 15, 16 and 17 shall, as appropriate, appl y in

those cases.

Article 4

1.

Nothing in this Convention shall affect 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 and

international humanitarian law.

2.

The activities of armed forces during an armed conflict, as those terms

are understood under international humanitarian law, which are governed by

that law are not governed by this Convention, and the activities undertaken by

military forces of a State in the exercise of their official duties, inasmuch as

they are governed by other rules of international law, are not governed by this

Convention.

3.

The provisions of paragraph 2 of the present article shall not be

interpreted as condoning or making lawful otherwise unlawful acts, or

precluding prosecution under other laws.

4.

This Convention does not address, nor can it be interpreted as

addressing, in any way, the issue of the legality of the use or threat of use of

nuclear weapons by States.

– 3 –

5.

“State or government facility” includes any permanent or temporary

facility or conveyance that is used or occupied by representatives of a State,

members of a Government, the legislature or the judiciary or by officials or

employees of a State or any other public authority or entity or by employees or

officials of an intergovernmental organization in connection with their official

duties.

6.

“Military forces of a State” means the armed forces of a State which are

organized, trained and equipped under its internal law for the primary purpose

of national defence or security and persons acting in support of those armed

forces who are under their formal command, control and responsibility.

Article 2

1.

Any person commits an offence within the meaning of this Convention

if that person unlawfully and intentionally:

(

a)

Possesses radioactive material or makes or possesses a device:

(i)

With the intent to cause death or serious bodily injury; or

(ii)

With the intent to cause substantial damage to property or to the

environment;

(

b)

Uses in any way radioactive material or a device, or uses or

damages a nuclear facility in a manner which releases or risks the release of

radioactive material:

(i)

With the intent to cause death or serious bodily injury; or

(ii)

With the intent to cause substantial damage to property or to the

environment; or

(iii) With the intent to compel a natural or legal person, an

international organization or a State to do or refrain from doing an act.

2.

Any person also commits an offence if that person:

(

a)

Threatens, under circumstances which indicate the credibility of

the threat, to commit an offence as set forth in paragraph 1 (

b) of the present

article; or

(

b)

Demands unlawfully and intentionally radioactive material, a

device or a nuclear facility by threat, under circumstances which indicate the

credibility of the threat, or by use of force.

3.

Any person also commits an offence if that person attempts to commit

an offence as set forth in paragraph 1 of the present article.

4.

Any person also commits an offence if that person:

(

a)

Participates as an accomplice in an offence as set forth in

paragraph 1, 2 or 3 of the present article; or

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(b)

Organizes or directs others to commit an offence as set forth in

paragraph 1, 2 or 3 of the present article; or

(

c)

In any other way contributes to the commission of one or more

offences as set forth in paragraph 1, 2 or 3 of the present article by a group of

persons acting with a common purpose; such contribution shall be intentional

and either be made with the aim of furthering the general criminal activity or

purpose of the group or be made in the knowledge of the intention of the group

to commit the offence or offences concerned.

Article 3

This Convention shall not apply where the offence is committed within a

single State, the alleged offender and the victims are nationals of that State, the

alleged offender is found in the territory of that State and no other State has a

basis under article 9, paragraph 1 or 2, to exercise jurisdiction, except that the

provisions of articles 7, 12, 14, 15, 16 and 17 shall, as appropriate, appl y in

those cases.

Article 4

1.

Nothing in this Convention shall affect 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 and

international humanitarian law.

2.

The activities of armed forces during an armed conflict, as those terms

are understood under international humanitarian law, which are governed by

that law are not governed by this Convention, and the activities undertaken by

military forces of a State in the exercise of their official duties, inasmuch as

they are governed by other rules of international law, are not governed by this

Convention.

3.

The provisions of paragraph 2 of the present article shall not be

interpreted as condoning or making lawful otherwise unlawful acts, or

precluding prosecution under other laws.

4.

This Convention does not address, nor can it be interpreted as

addressing, in any way, the issue of the legality of the use or threat of use of

nuclear weapons by States.

– 3 –

5.

“State or government facility” includes any permanent or temporary

facility or conveyance that is used or occupied by representatives of a State,

members of a Government, the legislature or the judiciary or by officials or

employees of a State or any other public authority or entity or by employees or

officials of an intergovernmental organization in connection with their official

duties.

6.

“Military forces of a State” means the armed forces of a State which are

organized, trained and equipped under its internal law for the primary purpose

of national defence or security and persons acting in support of those armed

forces who are under their formal command, control and responsibility.

Article 2

1.

Any person commits an offence within the meaning of this Convention

if that person unlawfully and intentionally:

(

a)

Possesses radioactive material or makes or possesses a device:

(i)

With the intent to cause death or serious bodily injury; or

(ii)

With the intent to cause substantial damage to property or to the

environment;

(

b)

Uses in any way radioactive material or a device, or uses or

damages a nuclear facility in a manner which releases or risks the release of

radioactive material:

(i)

With the intent to cause death or serious bodily injury; or

(ii)

With the intent to cause substantial damage to property or to the

environment; or

(iii) With the intent to compel a natural or legal person, an

international organization or a State to do or refrain from doing an act.

2.

Any person also commits an offence if that person:

(

a)

Threatens, under circumstances which indicate the credibility of

the threat, to commit an offence as set forth in paragraph 1 (

b) of the present

article; or

(

b)

Demands unlawfully and intentionally radioactive material, a

device or a nuclear facility by threat, under circumstances which indicate the

credibility of the threat, or by use of force.

3.

Any person also commits an offence if that person attempts to commit

an offence as set forth in paragraph 1 of the present article.

4.

Any person also commits an offence if that person:

(

a)

Participates as an accomplice in an offence as set forth in

paragraph 1, 2 or 3 of the present article; or

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another State Party or through participation in an activity carried out for the

implementation of this Convention. If St ates Parties provide information to

international organizations in confidence, steps shall be taken to ensure that the

confidentiality of such information is protected.

3.

States Parties shall not be required by this Convention to provide any

information which they are not permitted to communicate pursuant to national

law or which would jeopardize the security of the State concerned or the

physical protection of nuclear material.

4.

States Parties shall inform the Secretary-General of the United Nations

of their competent authorities and liaison points responsible for sending and

receiving the information referred to in the present article. The Secretary-

General of the United Nations shall communicate such information regarding

competent authorities and liai son points to all States Parties and the

International Atomic Energy Agency. Such authorities and liaison points must

be accessible on a continuous basis.

Article 8

For purposes of preventing offences under this Convention, States

Parties shall make eve ry effort to adopt appropriate measures to ensure the

protection of radioactive material, taking into account relevant

recommendations and functions of the International Atomic Energy Agency.

Article 9

1.

Each State Party shall take such measures as may be necessary to

establish its jurisdiction over the offences set forth in article 2 when:

(

a)

The offence is committed in the territory of that State; or

(

b)

The offence is committed on board a vessel flying the flag of that

State or an aircraft which is registered under the laws of that State at the time

the offence is committed; or

(

c)

The offence is committed by a national of that State.

2.

A State Party may also establish its jurisdiction over any such offence

when:

(

a)

The offence is committed against a national of that State; or

(

b)

The offence is committed against a State or government facility of

that State abroad, including an embassy or other diplomatic or consular

premises of that State; or

(

c)

The offence is committed by a stateless person who has his or her

habitual residence in the territory of that State; or

– 5 –

Article 5

Each State Party shall adopt such measures as may be necessary:

(

a)

To establish as criminal offences under its national law the

offences set forth in article 2;

(

b)

To make those offences punishable by appropriate penalt ies which

take into account the grave nature of these offences.

Article 6

Each State Party shall adopt such measures as may be necessary,

including, where appropriate, domestic legislation, to ensure that criminal acts

within the scope of this Convention, in particular where they are intended or

calculated to provoke a state of terror in the general public or in a group of

persons or particular persons, are under no circumstances justifiable by

considerations of a political, philosophical, ideological, r acial, ethnic, religious

or other similar nature and are punished by penalties consistent with their

grave nature.

Article 7

1.

States Parties shall cooperate by:

(

a)

Taking all practicable measures, including, if necessary, adapting

their national law, to prevent and counter preparations in their respective

territories for the commission within or outside their territories of the offences

set forth in article 2, including measures to prohibit in their territories illegal

activities of persons, groups and organizations that encourage, instigate,

organize, knowingly finance or knowingly provide technical assistance or

information or engage in the perpetration of those offences;

(

b)

Exchanging accurate and verified information in accordance with

their national law and in the manner and subject to the conditions specified

herein, and coordinating administrative and other measures taken as

appropriate to detect, prevent, suppress and investigate the offences set forth in

article 2 and also in order to institute criminal proceedings against persons

alleged to have committed those crimes. In particular, a State Party shall take

appropriate measures in order to inform without delay the other States referred

to in article 9 in respect of the commission of the offences set forth in article 2

as well as preparations to commit such offences about which it has learned,

and also to inform, where appropriate, international organizations.

2.

States Parties shall take appropriate measures consistent with their

national law to protect the confidentiality of any information which they

receive in confidence by virtue of the provisions of this Convention from

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another State Party or through participation in an activity carried out for the

implementation of this Convention. If St ates Parties provide information to

international organizations in confidence, steps shall be taken to ensure that the

confidentiality of such information is protected.

3.

States Parties shall not be required by this Convention to provide any

information which they are not permitted to communicate pursuant to national

law or which would jeopardize the security of the State concerned or the

physical protection of nuclear material.

4.

States Parties shall inform the Secretary-General of the United Nations

of their competent authorities and liaison points responsible for sending and

receiving the information referred to in the present article. The Secretary-

General of the United Nations shall communicate such information regarding

competent authorities and liai son points to all States Parties and the

International Atomic Energy Agency. Such authorities and liaison points must

be accessible on a continuous basis.

Article 8

For purposes of preventing offences under this Convention, States

Parties shall make eve ry effort to adopt appropriate measures to ensure the

protection of radioactive material, taking into account relevant

recommendations and functions of the International Atomic Energy Agency.

Article 9

1.

Each State Party shall take such measures as may be necessary to

establish its jurisdiction over the offences set forth in article 2 when:

(

a)

The offence is committed in the territory of that State; or

(

b)

The offence is committed on board a vessel flying the flag of that

State or an aircraft which is registered under the laws of that State at the time

the offence is committed; or

(

c)

The offence is committed by a national of that State.

2.

A State Party may also establish its jurisdiction over any such offence

when:

(

a)

The offence is committed against a national of that State; or

(

b)

The offence is committed against a State or government facility of

that State abroad, including an embassy or other diplomatic or consular

premises of that State; or

(

c)

The offence is committed by a stateless person who has his or her

habitual residence in the territory of that State; or

– 5 –

Article 5

Each State Party shall adopt such measures as may be necessary:

(

a)

To establish as criminal offences under its national law the

offences set forth in article 2;

(

b)

To make those offences punishable by appropriate penalt ies which

take into account the grave nature of these offences.

Article 6

Each State Party shall adopt such measures as may be necessary,

including, where appropriate, domestic legislation, to ensure that criminal acts

within the scope of this Convention, in particular where they are intended or

calculated to provoke a state of terror in the general public or in a group of

persons or particular persons, are under no circumstances justifiable by

considerations of a political, philosophical, ideological, r acial, ethnic, religious

or other similar nature and are punished by penalties consistent with their

grave nature.

Article 7

1.

States Parties shall cooperate by:

(

a)

Taking all practicable measures, including, if necessary, adapting

their national law, to prevent and counter preparations in their respective

territories for the commission within or outside their territories of the offences

set forth in article 2, including measures to prohibit in their territories illegal

activities of persons, groups and organizations that encourage, instigate,

organize, knowingly finance or knowingly provide technical assistance or

information or engage in the perpetration of those offences;

(

b)

Exchanging accurate and verified information in accordance with

their national law and in the manner and subject to the conditions specified

herein, and coordinating administrative and other measures taken as

appropriate to detect, prevent, suppress and investigate the offences set forth in

article 2 and also in order to institute criminal proceedings against persons

alleged to have committed those crimes. In particular, a State Party shall take

appropriate measures in order to inform without delay the other States referred

to in article 9 in respect of the commission of the offences set forth in article 2

as well as preparations to commit such offences about which it has learned,

and also to inform, where appropriate, international organizations.

2.

States Parties shall take appropriate measures consistent with their

national law to protect the confidentiality of any information which they

receive in confidence by virtue of the provisions of this Convention from

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provision that the said laws and regulations must enable full effect to be given

to the purposes for which the rights accorded under paragraph 3 are intended.

5.

The provisions of paragraphs 3 and 4 of the present article shall be

without prejudice to the right of any State Party having a claim to jurisdiction

in accordance with article 9, paragraph 1 (

c) or 2 (c), to invite the International

Committee of the Red Cross to communicate with and visit the alleged

offender.

6.

When a State Party, pursuant to the present article, has taken a person

into custody, it shall immediately notify, directly or through the Secretary-

General of the United Nations, the States Parties which have established

jurisdiction in accordance with article 9, paragraphs 1 and 2, and, if it

considers it advisable, any other interested States Parties, of the fact that that

person is in custody and of the circumstances which warrant that person’s

detention. The State which makes the investigation contemplated in paragraph

1 of the present article shall promptly inform the said States Parties of its

findings and shall indicate whether it intends to exercise jurisdiction.

Article 11

1.

The State Party in the territory of which the alleged offender is present

shall, in cases to which article 9 applies, if it does not extradite that person, be

obliged, without exception whatsoever and whether or not the offence was

committed in its territory, to submit the case without undue delay to its

competent authorities for the purpose of prosecution, through proceedings in

accordance with the laws of that State. Those authorities shall take their

decision in the same manner as in the case of any other offence of a grave

nature under the law of that State.

2.

Whenever a State Party is permitted under its national law to extradite

or otherwise surrender one of its nationals only upon the condition that the

person will be returned to that State to serve the sentence imposed as a result

of the trial or proceeding for which the extradition or surrender of the person

was sought, and this State and the State seeking the extradition of the person

agree with this option and other terms they may deem appropriate, such a

conditional extradition or surrender shall be sufficient to discharge the

obligation set forth in paragraph 1 of the present article.

Article 12

Any person who is taken into custody or regarding whom any other

measures are taken or proceedings are carried out pursuant to this Convention

shall be guaranteed fair treatment, including enjoyment of all rights and

guarantees in conformity with the law of the State in the territory of which that

– 7 –

(d)

The offence is committed in an attempt to compel that State to do

or abstain from doing any act; or

(

e)

The offence is committed on board an aircraft which is operated

by the Government of that State.

3.

Upon ratifying, accepting, approving or acceding to this Convention,

each State Party shall notify the Secretary-General of the United Nations of the

jurisdiction it has established under its national law in accordance with

paragraph 2 of the present article. Should any change take place, the State

Party concerned shall immediately notify the Secretary-General.

4.

Each State Party shall likewise take such measures as may be necessary

to establish its jurisdiction over the offences set forth in article 2 in cases

where the alleged offender is present in its territory and it does not extradite

that person to any of the States Parties which have established their jurisdiction

in accordance with paragraph 1 or 2 of the present article.

5.

This Convention does not exclude the exercise of any criminal

jurisdiction established by a State Party in accordance with its national law.

Article 10

1.

Upon receiving information that an offence set forth in article 2 has

been committed or is being committed in the territory of a State Party or that a

person who has committed or who is alleged to have committed such an

offence may be present in its territory, the State Party concerned shall take

such measures as may be necessary under its national law to investigate the

facts contained in the information.

2.

Upon being satisfied that the circumstances so warrant, the State Party

in whose territory the offender or alleged offender is present shall take the

appropriate measures under its national law so as to ensure that person’s

presence for the purpose of prosecution or extradition.

3.

Any person regarding whom the measures referred to in paragraph 2 of

the present article are being taken shall be entitled:

(a)

To communicate without delay with the nearest appropriate

representative of the State of which that person is a national or which is

otherwise entitled to protect that person’s rights or, if that person is a stateless

person, the State in the territory of which that person habitually resides;

(

b)

To be visited by a representative of that State;

(

c)

To be informed of that person’s rights under subparagraphs (a)

and (

b).

4.

The rights referred to in paragraph 3 of the present article shall be

exercised in conformity with the laws and regulations of the State in the

territory of which the offender or alleged offender is present, subject to the

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provision that the said laws and regulations must enable full effect to be given

to the purposes for which the rights accorded under paragraph 3 are intended.

5.

The provisions of paragraphs 3 and 4 of the present article shall be

without prejudice to the right of any State Party having a claim to jurisdiction

in accordance with article 9, paragraph 1 (

c) or 2 (c), to invite the International

Committee of the Red Cross to communicate with and visit the alleged

offender.

6.

When a State Party, pursuant to the present article, has taken a person

into custody, it shall immediately notify, directly or through the Secretary-

General of the United Nations, the States Parties which have established

jurisdiction in accordance with article 9, paragraphs 1 and 2, and, if it

considers it advisable, any other interested States Parties, of the fact that that

person is in custody and of the circumstances which warrant that person’s

detention. The State which makes the investigation contemplated in paragraph

1 of the present article shall promptly inform the said States Parties of its

findings and shall indicate whether it intends to exercise jurisdiction.

Article 11

1.

The State Party in the territory of which the alleged offender is present

shall, in cases to which article 9 applies, if it does not extradite that person, be

obliged, without exception whatsoever and whether or not the offence was

committed in its territory, to submit the case without undue delay to its

competent authorities for the purpose of prosecution, through proceedings in

accordance with the laws of that State. Those authorities shall take their

decision in the same manner as in the case of any other offence of a grave

nature under the law of that State.

2.

Whenever a State Party is permitted under its national law to extradite

or otherwise surrender one of its nationals only upon the condition that the

person will be returned to that State to serve the sentence imposed as a result

of the trial or proceeding for which the extradition or surrender of the person

was sought, and this State and the State seeking the extradition of the person

agree with this option and other terms they may deem appropriate, such a

conditional extradition or surrender shall be sufficient to discharge the

obligation set forth in paragraph 1 of the present article.

Article 12

Any person who is taken into custody or regarding whom any other

measures are taken or proceedings are carried out pursuant to this Convention

shall be guaranteed fair treatment, including enjoyment of all rights and

guarantees in conformity with the law of the State in the territory of which that

– 7 –

(d)

The offence is committed in an attempt to compel that State to do

or abstain from doing any act; or

(

e)

The offence is committed on board an aircraft which is operated

by the Government of that State.

3.

Upon ratifying, accepting, approving or acceding to this Convention,

each State Party shall notify the Secretary-General of the United Nations of the

jurisdiction it has established under its national law in accordance with

paragraph 2 of the present article. Should any change take place, the State

Party concerned shall immediately notify the Secretary-General.

4.

Each State Party shall likewise take such measures as may be necessary

to establish its jurisdiction over the offences set forth in article 2 in cases

where the alleged offender is present in its territory and it does not extradite

that person to any of the States Parties which have established their jurisdiction

in accordance with paragraph 1 or 2 of the present article.

5.

This Convention does not exclude the exercise of any criminal

jurisdiction established by a State Party in accordance with its national law.

Article 10

1.

Upon receiving information that an offence set forth in article 2 has

been committed or is being committed in the territory of a State Party or that a

person who has committed or who is alleged to have committed such an

offence may be present in its territory, the State Party concerned shall take

such measures as may be necessary under its national law to investigate the

facts contained in the information.

2.

Upon being satisfied that the circumstances so warrant, the State Party

in whose territory the offender or alleged offender is present shall take the

appropriate measures under its national law so as to ensure that person’s

presence for the purpose of prosecution or extradition.

3.

Any person regarding whom the measures referred to in paragraph 2 of

the present article are being taken shall be entitled:

(a)

To communicate without delay with the nearest appropriate

representative of the State of which that person is a national or which is

otherwise entitled to protect that person’s rights or, if that person is a stateless

person, the State in the territory of which that person habitually resides;

(

b)

To be visited by a representative of that State;

(

c)

To be informed of that person’s rights under subparagraphs (a)

and (

b).

4.

The rights referred to in paragraph 3 of the present article shall be

exercised in conformity with the laws and regulations of the State in the

territory of which the offender or alleged offender is present, subject to the

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Article 15

None of the offences set forth in article 2 shall be regarded, for the

purposes of extradition or mutual legal assistance, as a political offence or as

an offence connected with a political offence or as an offence inspired by

political motives. Accordingly, a request for extradition or for mutual legal

assistance based on such an offence may not be refused on the sole ground that

it concerns a political offence or an offence connected with a political offence

or an offence inspired by political motives.

Article 16

Nothing in this Convention shall be interpreted as imposing an

obligation to extradite or to afford mutual legal assistance if the requested

State Party has substantial grounds for believing that the request for extradition

for offences set forth in article 2 or for mutual legal assistance with respect to

such offences has been made for the purpose of prosecuting or punishing a

person on account of that person’s race, religion, nat ionality, ethnic origin or

political opinion or that compliance with the request would cause prejudice to

that person’s position for any of these reasons.

Article 17

1.

A person who is being detained or is serving a sentence in the territory

of one State Party whose presence in another State Party is requested for

purposes of testimony, identification or otherwise providing assistance in

obtaining evidence for the investigation or prosecution of offences under this

Convention may be transferred if the following conditions are met:

(

a)

The person freely gives his or her informed consent; and

(

b)

The competent authorities of both States agree, subject to such

conditions as those States may deem appropriate.

2.

For the purposes of the present article:

(

a)

The State to which the person is transferred shall have the

authority and obligation to keep the person transferred in custody, unless

otherwise requested or authorized by the State from which the person was

transferred;

(

b)

The State to which the person is transferred shall without delay

implement its obligation to return the person to the custody of the State from

which the person was transferred as agreed beforehand, or as otherwise agreed,

by the competent authorities of both States;

– 9 –

person is present and applicable provisions of international law, including

international law of human rights.

Article 13

1.

The offences set forth in article 2 shall be deemed to be included as

extraditable offences in any extradition treaty existing between any of the

States Parties before the entry into force of this Convention. States Parties

undertake to include such offences as extraditable offences in every extradition

treaty to be subsequently concluded between them.

2.

When a State Party which makes extradition conditional on the

existence of a treaty receives a request for extradition from another State Party

with which it has no extradition treaty, the requested State Party may, at its

option, consider this Convention as a legal basis for extradition in respect of

the offences set forth in article 2. Ext radition shall be subject to the other

conditions provided by the law of the requested State.

3.

States Parties which do not make extradition conditional on the

existence of a treaty shall recognize the offences set forth in article 2 as

extraditable offences between themselves, subject to the conditions provided

by the law of the requested State.

4.

If necessary, the offences set forth in article 2 shall be treated, for the

purposes of extradition between States Parties, as if they had been committed

not only in the place in which they occurred but also in the territory of the

States that have established jurisdiction in accordance with article 9,

paragraphs 1 and 2.

5.

The provisions of all extradition treaties and arrangements between

States Parties with regard to offences set forth in article 2 shall be deemed to

be modified as between States Parties to the extent that they are incompatible

with this Convention.

Article 14

1.

States Parties shall afford one another the greatest measure of assistance

in connection with investigations or criminal or extradition proceedings

brought in respect of the offences set forth in article 2, including assistance in

obtaining evidence at their disposal necessary for the proceedings.

2.

States Parties shall carry out their obligations under paragraph 1 of the

present article in conformity with any treaties or other arrangements on mutual

legal assistance that may exist between them. In the absence of such treaties or

arrangements, States Parties shall afford one another assistance in accordance

with their national law.

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Article 15

None of the offences set forth in article 2 shall be regarded, for the

purposes of extradition or mutual legal assistance, as a political offence or as

an offence connected with a political offence or as an offence inspired by

political motives. Accordingly, a request for extradition or for mutual legal

assistance based on such an offence may not be refused on the sole ground that

it concerns a political offence or an offence connected with a political offence

or an offence inspired by political motives.

Article 16

Nothing in this Convention shall be interpreted as imposing an

obligation to extradite or to afford mutual legal assistance if the requested

State Party has substantial grounds for believing that the request for extradition

for offences set forth in article 2 or for mutual legal assistance with respect to

such offences has been made for the purpose of prosecuting or punishing a

person on account of that person’s race, religion, nat ionality, ethnic origin or

political opinion or that compliance with the request would cause prejudice to

that person’s position for any of these reasons.

Article 17

1.

A person who is being detained or is serving a sentence in the territory

of one State Party whose presence in another State Party is requested for

purposes of testimony, identification or otherwise providing assistance in

obtaining evidence for the investigation or prosecution of offences under this

Convention may be transferred if the following conditions are met:

(

a)

The person freely gives his or her informed consent; and

(

b)

The competent authorities of both States agree, subject to such

conditions as those States may deem appropriate.

2.

For the purposes of the present article:

(

a)

The State to which the person is transferred shall have the

authority and obligation to keep the person transferred in custody, unless

otherwise requested or authorized by the State from which the person was

transferred;

(

b)

The State to which the person is transferred shall without delay

implement its obligation to return the person to the custody of the State from

which the person was transferred as agreed beforehand, or as otherwise agreed,

by the competent authorities of both States;

– 9 –

person is present and applicable provisions of international law, including

international law of human rights.

Article 13

1.

The offences set forth in article 2 shall be deemed to be included as

extraditable offences in any extradition treaty existing between any of the

States Parties before the entry into force of this Convention. States Parties

undertake to include such offences as extraditable offences in every extradition

treaty to be subsequently concluded between them.

2.

When a State Party which makes extradition conditional on the

existence of a treaty receives a request for extradition from another State Party

with which it has no extradition treaty, the requested State Party may, at its

option, consider this Convention as a legal basis for extradition in respect of

the offences set forth in article 2. Ext radition shall be subject to the other

conditions provided by the law of the requested State.

3.

States Parties which do not make extradition conditional on the

existence of a treaty shall recognize the offences set forth in article 2 as

extraditable offences between themselves, subject to the conditions provided

by the law of the requested State.

4.

If necessary, the offences set forth in article 2 shall be treated, for the

purposes of extradition between States Parties, as if they had been committed

not only in the place in which they occurred but also in the territory of the

States that have established jurisdiction in accordance with article 9,

paragraphs 1 and 2.

5.

The provisions of all extradition treaties and arrangements between

States Parties with regard to offences set forth in article 2 shall be deemed to

be modified as between States Parties to the extent that they are incompatible

with this Convention.

Article 14

1.

States Parties shall afford one another the greatest measure of assistance

in connection with investigations or criminal or extradition proceedings

brought in respect of the offences set forth in article 2, including assistance in

obtaining evidence at their disposal necessary for the proceedings.

2.

States Parties shall carry out their obligations under paragraph 1 of the

present article in conformity with any treaties or other arrangements on mutual

legal assistance that may exist between them. In the absence of such treaties or

arrangements, States Parties shall afford one another assistance in accordance

with their national law.

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– 12 –

shall ensure that they are placed as soon as possible in the possession of a State

for which such possession is lawful and which, where appropriate, has

provided assurances consistent with the requirements of paragraph 1 of the

present article in consultation with that State, for the purpose of rendering it

harmless; such radioactive material, devices or nuclear fac ilities shall be used

only for peaceful purposes.

4.

If the radioactive material, devices or nuclear facilities referred to in

paragraphs 1 and 2 of the present article do not belong to any of the States

Parties or to a national or resident of a State Part y or was not stolen or

otherwise unlawfully obtained from the territory of a State Party, or if no State

is willing to receive such items pursuant to paragraph 3 of the present article, a

separate decision concerning its disposition shall, subject to paragraph 3 (b) of

the present article, be taken after consultations between the States concerned

and any relevant international organizations.

5.

For the purposes of paragraphs 1, 2, 3 and 4 of the present article, the

State Party in possession of the radioactive material, device or nuclear facility

may request the assistance and cooperation of other States Parties, in particular

the States Parties concerned, and any relevant international organizations, in

particular the International Atomic Energy Agency. States Parties and the

relevant international organizations are encouraged to provide assistance

pursuant to this paragraph to the maximum extent possible.

6.

The States Parties involved in the disposition or retention of the

radioactive material, device or nuclear facility pursuant to the present article

shall inform the Director General of the International Atomic Energy Agency

of the manner in which such an item was disposed of or retained. The Director

General of the International Atomic Energy Agency shal l transmit the

information to the other States Parties.

7.

In the event of any dissemination in connection with an offence set forth

in article 2, nothing in the present article shall affect in any way the rules of

international law governing liability for nuclear damage, or other rules of

international law.

Article 19

The State Party where the alleged offender is prosecuted shall, in

accordance with its national law or applicable procedures, communicate the

final outcome of the proceedings to the Secret ary-General of the United

Nations, who shall transmit the information to the other States Parties.

Article 20

States Parties shall conduct consultations with one another directly or

through the Secretary-General of the United Nations, with the assistanc e of

– 11 –

(c)

The State to which the person is transferred shall not require the

State from which the person was transferred to initiate extradition proceedings

for the return of the person;

(

d)

The person transferred shall receive credit for service of the

sentence being served in the State from which he or she was transferred for

time spent in the custody of the State to which he or she was transferred.

3.

Unless the State Party from which a person is to be transferred in

accordance with the present article so agrees, that person, whatever his or her

nationality, shall not be prosecuted or detained or subjected to any other

restriction of his or her personal liberty in the territory of the State to which

that person is transferred in respect of acts or convictions anterior to his or her

departure from the territory of the State from which such person was

transferred.

Article 18

1.

Upon seizing or otherwise taking control of radioactive material,

devices or nuclear facilities, following the commission of an offence set forth

in article 2, the State Party in possession of such items shall:

(

a)

Take steps to render harmless the radioactive material, device or

nuclear facility;

(

b)

Ensure that any nuclear material is held in accordance with

applicable International Atomic Energy Agency safeguards; and

(

c)

Have regard to physical protection recommendations and health

and safety standards published by the International Atomic Energy Agency.

2.

Upon the completion of any proceedings connected with an offence set

forth in article 2, or sooner if required by international law, any radioactive

material, device or nuclear facility shall be returned, after consultations (in

particular, regarding modalities of return and storage) with the States Parties

concerned to the State Party to which it belongs, to the State Party of which the

natural or legal person owning such radioactive material, device or facility is a

national or resident, or to the State Party from whose territory it was stolen or

otherwise unlawfully obtained.

3.

(a)

Where a State Party is prohibited by national or international law

from returning or accepting such radioactive material, device or nuclear

facility or where the States Parties concerned so agree, subject to paragraph 3

(

b) of the present article, the State Party in possession of the radioactive

material, devices or nuclear facilities shall continue to take the steps described

in paragraph 1 of the present article; such radioactive material, devices or

nuclear facilities shall be used only for peaceful purposes;

(

b)

Where it is not lawful for the State Party in possession of the

radioactive material, devices or nuclear facilities to possess them, that State

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– 12 –

shall ensure that they are placed as soon as possible in the possession of a State

for which such possession is lawful and which, where appropriate, has

provided assurances consistent with the requirements of paragraph 1 of the

present article in consultation with that State, for the purpose of rendering it

harmless; such radioactive material, devices or nuclear fac ilities shall be used

only for peaceful purposes.

4.

If the radioactive material, devices or nuclear facilities referred to in

paragraphs 1 and 2 of the present article do not belong to any of the States

Parties or to a national or resident of a State Part y or was not stolen or

otherwise unlawfully obtained from the territory of a State Party, or if no State

is willing to receive such items pursuant to paragraph 3 of the present article, a

separate decision concerning its disposition shall, subject to paragraph 3 (b) of

the present article, be taken after consultations between the States concerned

and any relevant international organizations.

5.

For the purposes of paragraphs 1, 2, 3 and 4 of the present article, the

State Party in possession of the radioactive material, device or nuclear facility

may request the assistance and cooperation of other States Parties, in particular

the States Parties concerned, and any relevant international organizations, in

particular the International Atomic Energy Agency. States Parties and the

relevant international organizations are encouraged to provide assistance

pursuant to this paragraph to the maximum extent possible.

6.

The States Parties involved in the disposition or retention of the

radioactive material, device or nuclear facility pursuant to the present article

shall inform the Director General of the International Atomic Energy Agency

of the manner in which such an item was disposed of or retained. The Director

General of the International Atomic Energy Agency shal l transmit the

information to the other States Parties.

7.

In the event of any dissemination in connection with an offence set forth

in article 2, nothing in the present article shall affect in any way the rules of

international law governing liability for nuclear damage, or other rules of

international law.

Article 19

The State Party where the alleged offender is prosecuted shall, in

accordance with its national law or applicable procedures, communicate the

final outcome of the proceedings to the Secret ary-General of the United

Nations, who shall transmit the information to the other States Parties.

Article 20

States Parties shall conduct consultations with one another directly or

through the Secretary-General of the United Nations, with the assistanc e of

– 11 –

(c)

The State to which the person is transferred shall not require the

State from which the person was transferred to initiate extradition proceedings

for the return of the person;

(

d)

The person transferred shall receive credit for service of the

sentence being served in the State from which he or she was transferred for

time spent in the custody of the State to which he or she was transferred.

3.

Unless the State Party from which a person is to be transferred in

accordance with the present article so agrees, that person, whatever his or her

nationality, shall not be prosecuted or detained or subjected to any other

restriction of his or her personal liberty in the territory of the State to which

that person is transferred in respect of acts or convictions anterior to his or her

departure from the territory of the State from which such person was

transferred.

Article 18

1.

Upon seizing or otherwise taking control of radioactive material,

devices or nuclear facilities, following the commission of an offence set forth

in article 2, the State Party in possession of such items shall:

(

a)

Take steps to render harmless the radioactive material, device or

nuclear facility;

(

b)

Ensure that any nuclear material is held in accordance with

applicable International Atomic Energy Agency safeguards; and

(

c)

Have regard to physical protection recommendations and health

and safety standards published by the International Atomic Energy Agency.

2.

Upon the completion of any proceedings connected with an offence set

forth in article 2, or sooner if required by international law, any radioactive

material, device or nuclear facility shall be returned, after consultations (in

particular, regarding modalities of return and storage) with the States Parties

concerned to the State Party to which it belongs, to the State Party of which the

natural or legal person owning such radioactive material, device or facility is a

national or resident, or to the State Party from whose territory it was stolen or

otherwise unlawfully obtained.

3.

(a)

Where a State Party is prohibited by national or international law

from returning or accepting such radioactive material, device or nuclear

facility or where the States Parties concerned so agree, subject to paragraph 3

(

b) of the present article, the State Party in possession of the radioactive

material, devices or nuclear facilities shall continue to take the steps described

in paragraph 1 of the present article; such radioactive material, devices or

nuclear facilities shall be used only for peaceful purposes;

(

b)

Where it is not lawful for the State Party in possession of the

radioactive material, devices or nuclear facilities to possess them, that State

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2.

This Convention is subject to ratification, acceptance or approval. The

instruments of ratification, acceptance or approval shall be deposited with the

Secretary-General of the United Nations.

3.

This Convention shall be open to accession by any State. The

instruments of accession shall be deposited with the Secretary-General of the

United Nations.

Article 25

1.

This Convention shall enter into force on the thirtieth day following the

date of the deposit of the twenty-second instrument of ratification, acceptance,

approval or accession with the Secretary-General of the United Nations.

2.

For each State ratifying, accepting, approving or acceding to the

Convention after the deposit of the twenty-second instrument of ratification,

acceptance, approval or accession, the Convention shall enter into force on the

thirtieth day after deposit by such State of its instrument of ratification,

acceptance, approval or accession.

Article 26

1.

A State Party may propose an amendment to this Convention. The

proposed amendment shall be submitted to the depositary, who circulates it

immediately to all States Parties.

2.

If the majority of the States Parties request the depositary to convene a

conference to consider the proposed amendments, the depositary shall invite

all States Parties to attend such a conference to begin no sooner than three

months after the invitations are issued.

3.

The conference shall make every effort to ens ure amendments are

adopted by consensus. Should this not be possible, amendments shall be

adopted by a two-thirds majority of all States Parties. Any amendment adopted

at the conference shall be promptly circulated by the depositary to all States

Parties.

4.

The amendment adopted pursuant to paragraph 3 of the present article

shall enter into force for each State Party that deposits its instrument of

ratification, acceptance, accession or approval of the amendment on the

thirtieth day after the date on whic h two thirds of the States Parties have

deposited their relevant instrument. Thereafter, the amendment shall enter into

force for any State Party on the thirtieth day after the date on which that State

deposits its relevant instrument.

– 13 –

international organizations as necessary, to ensure effective implementation of

this Convention.

Article 21

The States Parties shall carry out their obligations under this Convention

in a manner consistent with the principles of sovereign equality and territorial

integrity of States and that of non-intervention in the domestic affairs of other

States.

Article 22

Nothing in this Convention entitles a State Party to undertake in the

territory of another State Party the exercise of jurisdiction and performance of

functions which are exclusively reserved for the authorities of that other State

Party by its national law.

Article 23

1.

Any dispute between two or more States Parties concerning the

interpretation or application of this Convention which cannot be settled

through negotiation within a reasonable time shall, at the request of one of

them, be submitted to arbitration. If, within six months of the date of the

request for arbitration, the parties are unable to agree on the organization of

the arbitration, any one of those parties may refer the dispute to the

International Court of Justice, by application, in conformity with the Statute of

the Court.

2.

Each State may, at the time of signature, ratification, acceptance or

approval of this Convent ion or accession thereto, declare that it does not

consider itself bound by paragraph 1 of the present article. The other States

Parties shall not be bound by paragraph 1 with respect to any State Party which

has made such a reservation.

3.

Any State which has made a reservation in accordance with paragraph 2

of the present article may at any time withdraw that reservation by notification

to the Secretary-General of the United Nations.

Article 24

1.

This Convention shall be open for signature by all State s from 14

September 2005 until 31 December 2006 at United Nations Headquarters in

New York.

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2.

This Convention is subject to ratification, acceptance or approval. The

instruments of ratification, acceptance or approval shall be deposited with the

Secretary-General of the United Nations.

3.

This Convention shall be open to accession by any State. The

instruments of accession shall be deposited with the Secretary-General of the

United Nations.

Article 25

1.

This Convention shall enter into force on the thirtieth day following the

date of the deposit of the twenty-second instrument of ratification, acceptance,

approval or accession with the Secretary-General of the United Nations.

2.

For each State ratifying, accepting, approving or acceding to the

Convention after the deposit of the twenty-second instrument of ratification,

acceptance, approval or accession, the Convention shall enter into force on the

thirtieth day after deposit by such State of its instrument of ratification,

acceptance, approval or accession.

Article 26

1.

A State Party may propose an amendment to this Convention. The

proposed amendment shall be submitted to the depositary, who circulates it

immediately to all States Parties.

2.

If the majority of the States Parties request the depositary to convene a

conference to consider the proposed amendments, the depositary shall invite

all States Parties to attend such a conference to begin no sooner than three

months after the invitations are issued.

3.

The conference shall make every effort to ens ure amendments are

adopted by consensus. Should this not be possible, amendments shall be

adopted by a two-thirds majority of all States Parties. Any amendment adopted

at the conference shall be promptly circulated by the depositary to all States

Parties.

4.

The amendment adopted pursuant to paragraph 3 of the present article

shall enter into force for each State Party that deposits its instrument of

ratification, acceptance, accession or approval of the amendment on the

thirtieth day after the date on whic h two thirds of the States Parties have

deposited their relevant instrument. Thereafter, the amendment shall enter into

force for any State Party on the thirtieth day after the date on which that State

deposits its relevant instrument.

– 13 –

international organizations as necessary, to ensure effective implementation of

this Convention.

Article 21

The States Parties shall carry out their obligations under this Convention

in a manner consistent with the principles of sovereign equality and territorial

integrity of States and that of non-intervention in the domestic affairs of other

States.

Article 22

Nothing in this Convention entitles a State Party to undertake in the

territory of another State Party the exercise of jurisdiction and performance of

functions which are exclusively reserved for the authorities of that other State

Party by its national law.

Article 23

1.

Any dispute between two or more States Parties concerning the

interpretation or application of this Convention which cannot be settled

through negotiation within a reasonable time shall, at the request of one of

them, be submitted to arbitration. If, within six months of the date of the

request for arbitration, the parties are unable to agree on the organization of

the arbitration, any one of those parties may refer the dispute to the

International Court of Justice, by application, in conformity with the Statute of

the Court.

2.

Each State may, at the time of signature, ratification, acceptance or

approval of this Convent ion or accession thereto, declare that it does not

consider itself bound by paragraph 1 of the present article. The other States

Parties shall not be bound by paragraph 1 with respect to any State Party which

has made such a reservation.

3.

Any State which has made a reservation in accordance with paragraph 2

of the present article may at any time withdraw that reservation by notification

to the Secretary-General of the United Nations.

Article 24

1.

This Convention shall be open for signature by all State s from 14

September 2005 until 31 December 2006 at United Nations Headquarters in

New York.

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Article 27

1.

Any State Party may denounce this Convention by written notification

to the Secretary-General of the United Nations.

2.

Denunciation shall take effect one year following the date on which

notification is received by the Secretary-General of the United Nations .

Article 28

The original of this Convention, 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, who shall send certified

copies thereof to all States.

IN WITNESS WHEREOF, the undersigned, being duly authorized

thereto by their respective Governments, have signed this Convention, opened

for signature at United Nations Headquarters in New York on 14 September

2005.

84

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PROTOCOL OF 2005 TO THE CONVENTION FOR THE SUPPRESSION OF

UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION

Preamble

THE STATES PARTIES to this Protocol,

BEING PARTIES to the Convention for the Suppression of Unlawful Acts against the

Safety of Maritime Navigation done at Rome on 10 March 1988,

ACKNOWLEDGING that terrorist acts threaten international peace and security,

MINDFUL of resolution A.924(22) of the Assembly of the International Maritime

Organization requesting the revision of existing international legal and technical measures and

the consideration of new measures in order to prevent and suppress terrorism against ships and to

improve security aboard and ashore, and thereby to reduce the risk to passengers, crews and port

personnel on board ships and in port areas and to vessels and their cargoes,

CONSCIOUS 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, the States Members of the United Nations solemnly reaffirm their unequivocal

condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable,

wherever and by whomever committed, including those which jeopardize the friendly relations

among States and peoples and threaten the territorial integrity and security of States,

NOTING United Nations General Assembly resolution 51/210 of 17 December 1996 and

the Declaration to Supplement the 1994 Declaration on Measures to Eliminate International

Terrorism annexed thereto,

RECALLING resolutions 1368 (2001) and 1373 (2001) of the United Nations Security

Council, which reflect international will to combat terrorism in all its forms and manifestations,

and which assigned tasks and responsibilities to States, and taking into account the continued

threat from terrorist attacks,

RECALLING ALSO resolution 1540 (2004) of the United Nations Security Council,

which recognizes the urgent need for all States to take additional effective measures to prevent

the proliferation of nuclear, chemical or biological weapons and their means of delivery,

RECALLING FURTHER the Convention on Offences and Certain Other Acts

Committed on Board Aircraft, done at Tokyo on 14 September 1963; the Convention for the

Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970; the

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at

Montreal on 23 September 1971; the Convention on the Prevention and Punishment of Crimes

against Internationally Protected Persons, including Diplomatic Agents, adopted by the General

Assembly of the United Nations on 14 December 1973; the International Convention against the

Taking of Hostages, adopted by the General Assembly of the United Nations on

17 December 1979; the Convention on the Physical Protection of Nuclear Material, done at

Vienna on 26 October 1979 and amendments thereto adopted on 8 July 2005; the 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, done at Montreal on 24 February 1988; the Protocol for the Suppression of

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Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at

Rome on 10 March 1988; the Convention on the Marking of Plastic Explosives for the Purpose

of Detection, done at Montreal on 1 March 1991; the International Convention for the

Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on

15 December 1997; the International Convention for the Suppression of the Financing of

Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999, and the

International Convention for the Suppression of Acts of Nuclear Terrorism adopted by the

General Assembly of the United Nations on 13 April 2005,

BEARING IN MIND the importance of the United Nations Convention on the Law of the

Sea done at Montego Bay, on 10 December 1982, and of the customary international law of

the sea,

CONSIDERING resolution 59/46 of the United Nations General Assembly, which

reaffirmed that international co-operation as well as actions by States to combat terrorism should

be conducted in conformity with the principles of the Charter of the United Nations, international

law and relevant international conventions, and resolution 59/24 of the United Nations General

Assembly, which urged States to become parties to the Convention for the Suppression of

Unlawful Acts against the Safety of Maritime Navigation and its Protocol, invited States to

participate in the review of those instruments by the Legal Committee of the International

Maritime Organization to strengthen the means of combating such unlawful acts, including

terrorist acts, and also urged States to take appropriate measures to ensure the effective

implementation of those instruments, in particular through the adoption of legislation, where

appropriate, aimed at ensuring that there is a proper framework for responses to incidents of

armed robbery and terrorist acts at sea,

CONSIDERING ALSO the importance of the amendments to the International

Convention for the Safety of Life at Sea, 1974, and of the International Ship and Port Facility

Security (ISPS) Code, both adopted by the 2002 Conference of Contracting Governments to that

Convention in establishing an appropriate international technical framework involving

co-operation between Governments, Government agencies, national and local administrations

and the shipping and port industries to detect security threats and take preventative measures

against security incidents affecting ships or port facilities used in international trade,

CONSIDERING FURTHER resolution 58/187 of the United Nations General Assembly,

which reaffirmed that States must ensure that any measure taken to combat terrorism complies

with their obligations under international law, in particular international human rights, refugee

and humanitarian law,

BELIEVING that it is necessary to adopt provisions supplementary to those of the

Convention, to suppress additional terrorist acts of violence against the safety and security of

international maritime navigation and to improve its effectiveness,

HAVE AGREED as follows:

ARTICLE 1

For the purposes of this Protocol:

1

“Convention” means the Convention for the Suppression of Unlawful Acts against the

Safety of Maritime Navigation, done at Rome on 10 March 1988.

2

“Organization” means the International Maritime Organization (IMO).

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3

“Secretary-General” means the Secretary-General of the Organization.

ARTICLE 2

Article 1 of the Convention is amended to read as follows:

Article 1

1

For the purposes of this Convention:

(a)

“ship” means a vessel of any type whatsoever not permanently attached to

the sea-bed, including dynamically supported craft, submersibles, or any

other floating craft.

(b) “transport” means to initiate, arrange or exercise effective control,

including decision-making authority, over the movement of a person or item.

(c)

“serious injury or damage” means:

(i)

serious bodily injury; or

(ii)

extensive destruction of a place of public use, State or government

facility, infrastructure facility, or public transportation system,

resulting in major economic loss; or

(iii) substantial damage to the environment, including air, soil, water,

fauna, or flora.

(d)

“BCN weapon”

means:

(i)

“biological weapons”, which are:

(1)

microbial or other biological agents, or toxins whatever

their origin or method of production, of types and in

quantities that have no justification for prophylactic,

protective or other peaceful purposes; or

(2)

weapons, equipment or means of delivery designed to use

such agents or toxins for hostile purposes or in armed

conflict.

(ii)

“chemical weapons”, which are, together or separately:

(1)

toxic chemicals and their precursors, except where intended

for:

(A) industrial, agricultural, research, medical,

pharmaceutical or other peaceful purposes; or

(B)

protective purposes, namely those purposes directly

related to protection against toxic chemicals and to

protection against chemical weapons; or

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(C) military purposes not connected with the use of

chemical weapons and not dependent on the use of

the toxic properties of chemicals as a method of

warfare; or

(D) law enforcement including domestic riot control

purposes,

as long as the types and quantities are consistent with such

purposes;

(2)

munitions and devices specifically designed to cause death

or other harm through the toxic properties of those toxic

chemicals specified in subparagraph (ii)(1), which would be

released as a result of the employment of such munitions

and devices;

(3) any equipment specifically designed for use directly in

connection with the employment of munitions and devices

specified in subparagraph (ii)(2).

(iii) nuclear weapons and other nuclear explosive devices.

(e)

“toxic chemical” means any chemical which through its chemical action

on life processes can cause death, temporary incapacitation or permanent

harm to humans or animals. This includes all such chemicals, regardless

of their origin or of their method of production, and regardless of whether

they are produced in facilities, in munitions or elsewhere.

(f)

“precursor” means any chemical reactant which takes part at any stage in

the production by whatever method of a toxic chemical. This includes any

key component of a binary or multicomponent 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 “place of public use”, “State or government facility”,

“infrastructure facility”, and “public transportation system” have the same

meaning as given to those terms in the International Convention for the

Suppression of Terrorist Bombings, done at New York on

15 December 1997; and

(b)

the terms “source material” and “special fissionable material” have the

same meaning as given to those terms in the Statute of the International

Atomic Energy Agency (IAEA), done at New York on 26 October 1956.

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ARTICLE 3

The following text is added as article 2 bis of the Convention:

Article 2 bis

1

Nothing in this Convention shall affect 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 and international

human rights, refugee and humanitarian law.

2

This Convention does not apply to the activities of armed forces during an armed

conflict, as those terms are understood under international humanitarian law,

which are governed by that law, and the activities undertaken by military forces of

a State in the exercise of their official duties, inasmuch as they are governed by

other rules of international law.

3

Nothing in this Convention shall affect the rights, obligations and responsibilities

under the Treaty on the Non-Proliferation of Nuclear Weapons, done at

Washington, London and Moscow on 1 July 1968, the Convention on the

Prohibition of the Development, Production and Stockpiling of Bacteriological

(Biological) and Toxin Weapons and on their Destruction, done at 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, done at Paris on 13 January 1993, of States Parties to such

treaties.

ARTICLE 4

1

The chapeau of article 3, paragraph 1 of the Convention is replaced by the following

text:

Any person commits an offence within the meaning of this Convention if that

person unlawfully and intentionally:

2

Article 3, paragraph 1(f) of the Convention is replaced by the following text:

(f)

communicates information which that person knows to be false, thereby

endangering the safe navigation of a ship.

3

Article 3, paragraph 1(g) of the Convention is deleted.

4

Article 3, paragraph 2 of the Convention is replaced by the following text:

2

Any person also commits an offence if that person threatens, with or without a

condition, as is provided for under national law, aimed at compelling a physical or

juridical person to do or refrain from doing any act, to commit any of the offences

set forth in paragraphs 1 (b), (c), and (e), if that threat is likely to endanger the

safe navigation of the ship in question.

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5

The following text is added as article 3 bis of the Convention:

Article 3 bis

1

Any person commits an offence within the meaning of this Convention if that

person unlawfully and intentionally:

(a)

when the purpose of the act, by its nature or context, is to intimidate a

population, or to compel a government or an international organization to

do or to abstain from doing any act:

(i)

uses against or on a ship or discharges from a ship any explosive,

radioactive material or BCN weapon in a manner that causes or is

likely to cause death or serious injury or damage; or

(ii) discharges, from a ship, oil, liquefied natural gas, or other

hazardous or noxious substance, which is not covered by

subparagraph (a)(i), in such quantity or concentration that causes or

is likely to cause death or serious injury or damage; or

(iii) uses a ship in a manner that causes death or serious injury or

damage; or

(iv) threatens, with or without a condition, as is provided for under

national law, to commit an offence set forth in subparagraph (a)(i),

(ii) or (iii); or

(b)

transports on board a ship:

(i)

any explosive or radioactive material, knowing that it is intended to

be used to cause, or in a threat to cause, with or without a

condition, as is provided for under national law, death or serious

injury or damage for the purpose of intimidating a population, or

compelling a government or an international organization to do or

to abstain from doing any act; or

(ii)

any BCN weapon, knowing it to be a BCN weapon as defined in

article 1; or

(iii) any source material, special fissionable material, or equipment or

material especially designed or prepared for the processing, use or

production of special fissionable material, knowing that it is

intended to be used in a nuclear explosive activity or in any other

nuclear activity not under safeguards pursuant to an IAEA

comprehensive safeguards agreement; or

(iv) any equipment, materials or software or related technology that

significantly contributes to the design, manufacture or delivery of a

BCN weapon, with the intention that it will be used for

such purpose.

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2

It shall not be an offence within the meaning of this Convention to transport an

item or material covered by paragraph 1(b)(iii) or, insofar as it relates to a nuclear

weapon or other nuclear explosive device, paragraph 1(b)(iv), if such item or

material is transported to or from the territory of, or is otherwise transported under

the control of, a State Party to the Treaty on the Non-Proliferation of Nuclear

Weapons where:

(a)

the resulting transfer or receipt, including internal to a State, of the item or

material is not contrary to such State Party's obligations under the Treaty

on the Non-Proliferation of Nuclear Weapons and,

(b)

if the item or material is intended for the delivery system of a nuclear

weapon or other nuclear explosive device of a State Party to the Treaty on

the Non-Proliferation of Nuclear Weapons, the holding of such weapon or

device is not contrary to that State Party’s obligations under that Treaty.

6

The following text is added as article 3 ter of the Convention:

Article 3 ter

Any person commits an offence within the meaning of this Convention if that

person unlawfully and intentionally transports another person on board a ship

knowing that the person has committed an act that constitutes an offence set forth

in article 3, 3bis or 3quater or an offence set forth in any treaty listed in the

Annex, and intending to assist that person to evade criminal prosecution.

7

The following text is added as article 3 quater of the Convention:

Article 3 quater

Any person also commits an offence within the meaning of this Convention if that person:

(a)

unlawfully and intentionally injures or kills any person in connection with the

commission of any of the offences set forth in article 3, paragraph 1, article 3bis,

or article 3ter; or

(b)

attempts to commit an offence set forth in article 3, paragraph 1, article 3bis,

paragraph 1(a)(i), (ii) or (iii) , or subparagraph (a) of this article; or

(c)

participates as an accomplice in an offence set forth in article 3, article 3bis,

article 3ter, or subparagraph (a) or (b) of this article; or

(d)

organizes or directs others to commit an offence set forth in article 3, article 3bis,

article 3ter, or subparagraph (a) or (b) of this article; or

(e)

contributes to the commission of one or more offences set forth in article 3,

article 3bis, article 3ter or subparagraph (a) or (b) of this article, by a group of

persons acting with a common purpose, intentionally and either:

(i)

with the aim of furthering the criminal activity or criminal purpose of the

group, where such activity or purpose involves the commission of an

offence set forth in article 3, 3bisor 3ter; or

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(ii)

in the knowledge of the intention of the group to commit an offence set

forth in article 3, 3bisor 3ter.

ARTICLE 5

1

Article 5 of the Convention is replaced by the following text:

Each State Party shall make the offences set forth in articles 3, 3bis, 3ter

and 3quater punishable by appropriate penalties which take into account the grave

nature of those offences.

2

The following text is added as article 5bis of the Convention:

Article 5 bis

1

Each State Party, in accordance with its domestic legal principles, shall take the

necessary measures to enable a legal entity located in its territory or organized

under its laws to be held liable when a person responsible for management or

control of that legal entity has, in that capacity, committed an offence set forth in

this Convention. Such liability may be criminal, civil or administrative.

2

Such liability is incurred without prejudice to the criminal liability of individuals

having committed the offences.

3

Each State Party shall ensure, in particular, that legal entities liable in accordance

with paragraph 1 are subject to effective, proportionate and dissuasive criminal,

civil or administrative sanctions. Such sanctions may include monetary sanctions.

ARTICLE 6

1 The

chapeau of article 6, paragraph 1 of the Convention is replaced by the following

text:

1

Each State Party shall take such measures as may be necessary to establish its

jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater when

the offence is committed:

2

Article 6, paragraph 3 of the Convention is replaced by the following text:

3

Any State Party which has established jurisdiction mentioned in paragraph 2 shall

notify the Secretary-General. If such State Party subsequently rescinds that

jurisdiction, it shall notify the Secretary-General.

3

Article 6, paragraph 4 of the Convention is replaced by the following text:

4

Each State Party shall take such measures as may be necessary to establish its

jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater in cases

where the alleged offender is present in its territory and it does not extradite the

alleged offender to any of the States Parties which have established their

jurisdiction in accordance with paragraphs 1 and 2 of this article.

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ARTICLE 7

The following text is added as the Annex to the Convention:

ANNEX

1

Convention for the Suppression of Unlawful Seizure of Aircraft, done at

The Hague on 16 December 1970.

2

Convention for the Suppression of Unlawful Acts against the Safety of Civil

Aviation, done 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 General

Assembly of the United Nations on 14 December 1973.

4

International Convention against the Taking of Hostages, adopted by the General

Assembly of the United Nations on 17 December 1979.

5

Convention on the Physical Protection of Nuclear Material, done 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, done at Montreal on

24 February 1988.

7

Protocol for the Suppression of Unlawful Acts against the Safety of Fixed

Platforms Located on the Continental Shelf, done at Rome on 10 March 1988.

8

International Convention for the Suppression of Terrorist Bombings, adopted by

the General Assembly of the United Nations on 15 December 1997.

9

International Convention for the Suppression of the Financing of Terrorism,

adopted by the General Assembly of the United Nations on 9 December 1999.

ARTICLE 8

1

Article 8, paragraph 1 of the Convention is replaced by the following text:

1

The master of a ship of a State Party (the “flag State”) may deliver to the

authorities of any other State Party (the “receiving State”) any person who the

master has reasonable grounds to believe has committed an offence set forth in

article 3, 3bis, 3ter, or 3quater.

2

The following text is added as article 8 bis of the Convention:

Article 8 bis

1

States Parties shall co-operate to the fullest extent possible to prevent and suppress

unlawful acts covered by this Convention, in conformity with international law,

and shall respond to requests pursuant to this article as expeditiously as possible.

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2

Each request pursuant to this article should, if possible, contain the name of the

suspect ship, the IMO ship identification number, the port of registry, the ports of

origin and destination, and any other relevant information. If a request is

conveyed orally, the requesting Party shall confirm the request in writing as soon

as possible. The requested Party shall acknowledge its receipt of any written or

oral request immediately.

3

States Parties shall take into account the dangers and difficulties involved in

boarding a ship at sea and searching its cargo, and give consideration to whether

other appropriate measures agreed between the States concerned could be more

safely taken in the next port of call or elsewhere.

4

A State Party that has reasonable grounds to suspect that an offence set forth in

article 3, 3bis, 3ter or 3quater has been, is being or is about to be committed

involving a ship flying its flag, may request the assistance of other States Parties

in preventing or suppressing that offence. The States Parties so requested shall

use their best endeavours to render such assistance within the means available

to them.

5

Whenever law enforcement or other authorized officials of a State Party (“the

requesting Party”) encounter a ship flying the flag or displaying marks of registry

of another State Party (“the first Party”) located seaward of any State’s territorial

sea, and the requesting Party has reasonable grounds to suspect that the ship or a

person on board the ship has been, is or is about to be involved in the commission

of an offence set forth in article 3, 3bis, 3teror 3quater, and the requesting Party

desires to board,

(a)

it shall request, in accordance with paragraphs 1 and 2 that the first Party

confirm the claim of nationality, and

(b)

if nationality is confirmed, the requesting Party shall ask the first Party

(hereinafter referred to as “the flag State”) for authorization to board and

to take appropriate measures with regard to that ship which may include

stopping, boarding and searching the ship, its cargo and persons on board,

and questioning the persons on board in order to determine if an offence

set forth in article 3, 3bis, 3teror 3quater has been, is being or is about to

be committed, and

(c)

the flag State shall either:

(i)

authorize the requesting Party to board and to take appropriate

measures set out in subparagraph (b), subject to any conditions it

may impose in accordance with paragraph 7; or

(ii)

conduct the boarding and search with its own law enforcement or

other officials; or

(iii) conduct the boarding and search together with the requesting Party,

subject to any conditions it may impose in accordance with

paragraph 7; or

(iv) decline to authorize a boarding and search.

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The requesting Party shall not board the ship or take measures set out in

subparagraph (b) without the express authorization of the flag State.

(d) Upon or after depositing its instrument of ratification, acceptance,

approval or accession, a State Party may notify the Secretary-General that,

with respect to ships flying its flag or displaying its mark of registry, the

requesting Party is granted authorization to board and search the ship, its

cargo and persons on board, and to question the persons on board in order

to locate and examine documentation of its nationality and determine if an

offence set forth in article 3, 3bis, 3ter or 3quater has been, is being or is

about to be committed, if there is no response from the first Party within

four hours of acknowledgement of receipt of a request to

confirm nationality.

(e) Upon or after depositing its instrument of ratification, acceptance,

approval or accession, a State Party may notify the Secretary-General that,

with respect to ships flying its flag or displaying its mark of registry, the

requesting Party is authorized to board and search a ship, its cargo and

persons on board, and to question the persons on board in order to

determine if an offence set forth in article 3, 3bis, 3ter or 3quater has been,

is being or is about to be committed.

The notifications made pursuant to this paragraph can be withdrawn at any time.

6

When evidence of conduct described in article 3, 3bis, 3teror 3quater is found as

the result of any boarding conducted pursuant to this article, the flag State may

authorize the requesting Party to detain the ship, cargo and persons on board

pending receipt of disposition instructions from the flag State.

The requesting

Party shall promptly inform the flag State of the results of a boarding, search, and

detention conducted pursuant to this article. The requesting Party shall also

promptly inform the flag State of the discovery of evidence of illegal conduct that

is not subject to this Convention.

7

The flag State, consistent with the other provisions of this Convention,

may

subject its authorization under paragraph 5 or 6 to conditions, including obtaining

additional information from the requesting Party, and conditions relating to

responsibility for and the extent of measures to be taken. No additional measures

may be taken without the express authorization of the flag State, except when

necessary to relieve imminent danger to the lives of persons or where those

measures derive from relevant bilateral or multilateral agreements.

8

For all boardings pursuant to this article, the flag State has the right to exercise

jurisdiction over a detained ship, cargo or other items and persons on board,

including seizure, forfeiture, arrest and prosecution. However, the flag State may,

subject to its constitution and laws, consent to the exercise of jurisdiction by

another State having jurisdiction under article 6.

9

When carrying out the authorized actions under this article, the use of force shall

be avoided except when necessary to ensure the safety of its officials and persons

on board, or where the officials are obstructed in the execution of the authorized

actions. Any use of force pursuant to this article shall not exceed the minimum

degree of force which is necessary and reasonable in the circumstances.

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10 Safeguards:

(a)

Where a State Party takes measures against a ship in accordance with this

article, it shall:

(i)

take due account of the need not to endanger the safety of life at sea;

(ii)

ensure that all persons on board are treated in a manner which

preserves their basic human dignity, and in compliance with the

applicable provisions of international law, including international

human rights law;

(iii) ensure that a boarding and search pursuant to this article shall be

conducted in accordance with applicable international law;

(iv) take due account of the safety and security of the ship and its cargo;

(v)

take due account of the need not to prejudice the commercial or

legal interests of the flag State;

(vi) ensure, within available means, that any measure taken with regard

to the ship or its cargo is environmentally sound under the

circumstances;

(vii) ensure that persons on board against whom proceedings may be

commenced in connection with any of the offences set forth in

article 3, 3bis, 3ter or 3quater are afforded the protections of

paragraph 2 of article 10, regardless of location;

(viii) ensure that the master of a ship is advised of its intention to board,

and is, or has been, afforded the opportunity to contact the ship’s

owner and the flag State at the earliest opportunity; and

(ix) take reasonable efforts to avoid a ship being unduly detained or

delayed.

(b)

Provided that authorization to board by a flag State shall not per se give

rise to its liability, States Parties shall be liable for any damage, harm or

loss attributable to them arising from measures taken pursuant to this

article when:

(i)

the grounds for such measures prove to be unfounded, provided

that the ship has not committed any act justifying the measures

taken; or

(ii)

such measures are unlawful or exceed those reasonably required in

light of available information to implement the provisions of this

article.

States Parties shall provide effective recourse in respect of such damage,

harm or loss.

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(c)

Where a State Party takes measures against a ship in accordance with this

Convention, it shall take due account of the need not to interfere with or to

affect:

(i)

the rights and obligations and the exercise of jurisdiction of coastal

States in accordance with the international law of the sea; or

(ii)

the authority of the flag State to exercise jurisdiction and control in

administrative, technical and social matters involving the ship.

(d)

Any measure taken pursuant to this article shall be carried out by law

enforcement or other authorized officials from warships or military

aircraft, or from other ships or aircraft clearly marked and identifiable as

being on government service and authorized to that effect and,

notwithstanding articles 2 and 2bis, the provisions of this article shall

apply.

(e)

For the purposes of this article “law enforcement or other authorized

officials” means uniformed or otherwise clearly identifiable members of

law enforcement or other government authorities duly authorized by their

government. For the specific purpose of law enforcement under this

Convention, law enforcement or other authorized officials shall provide

appropriate government-issued identification documents for examination

by the master of the ship upon boarding.

11

This article does not apply to or limit boarding of ships conducted by any State

Party in accordance with international law, seaward of any State’s territorial sea,

including boardings based upon the right of visit, the rendering of assistance to

persons, ships and property in distress or peril, or an authorization from the flag

State to take law enforcement or other action.

12

States Parties are encouraged to develop standard operating procedures for joint

operations pursuant to this article and consult, as appropriate, with other States

Parties with a view to harmonizing such standard operating procedures for the

conduct of operations.

13

States Parties may conclude agreements or arrangements between them to

facilitate law enforcement operations carried out in accordance with this article.

14 Each State Party shall take appropriate measures to ensure that its law

enforcement or other authorized officials, and law enforcement or other

authorized officials of other States Parties acting on its behalf, are empowered to

act pursuant to this article.

15

Upon or after depositing its instrument of ratification, acceptance, approval or

accession, each State Party shall designate the authority, or, where necessary,

authorities to receive and respond to requests for assistance, for confirmation of

nationality, and for authorization to take appropriate measures. Such designation,

including contact information, shall be notified to the Secretary-General within

one month of becoming a Party, who shall inform all other States Parties within

one month of the designation. Each State Party is responsible for providing

prompt notice through the Secretary-General of any changes in the designation or

contact information.

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ARTICLE 9

Article 10, paragraph 2 is replaced by the following text:

2

Any person who is taken into custody, or regarding whom any other measures are

taken or proceedings are being carried out pursuant to this Convention, shall be

guaranteed fair treatment, including enjoyment of all rights and guarantees in

conformity with the law of the State in the territory of which that person is present

and applicable provisions of international law, including international human

rights law.

ARTICLE 10

1

Article 11, paragraphs 1, 2, 3 and 4 are replaced by the following text:

1

The offences set forth in articles 3, 3bis, 3ter and 3quater shall be deemed to be

included as extraditable offences in any extradition treaty existing between any of

the States Parties. States Parties undertake to include such offences as extraditable

offences in every extradition treaty to be concluded between them.

2

If a State Party which makes extradition conditional on the existence of a treaty

receives a request for extradition from another State Party with which it has no

extradition treaty, the requested State Party may, at its option, consider this

Convention as a legal basis for extradition in respect of the offences set forth in

articles 3, 3bis, 3ter and 3quater. Extradition shall be subject to the other

conditions provided by the law of the requested State Party.

3

States Parties which do not make extradition conditional on the existence of a

treaty shall recognize the offences set forth in articles 3, 3bis, 3ter and 3quater as

extraditable offences between themselves, subject to the conditions provided by

the law of the requested State Party.

4

If necessary, the offences set forth in articles 3, 3bis, 3ter and 3quater shall be

treated, for the purposes of extradition between States Parties, as if they had been

committed not only in the place in which they occurred but also in a place within

the jurisdiction of the State Party requesting extradition.

2

The following text is added as article 11 bis, of the Convention:

Article 11 bis

None of the offences set forth in article 3, 3bis, 3teror 3quater shall be regarded

for the purposes of extradition or mutual legal assistance as a political offence or

as an offence connected with a political offence or as an offence inspired by

political motives. Accordingly, a request for extradition or for mutual legal

assistance based on such an offence may not be refused on the sole ground that it

concerns a political offence or an offence connected with a political offence or an

offence inspired by political motives.

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3

The following text is added as article 11 ter of the Convention:

Article 11 ter

Nothing in this Convention shall be interpreted as imposing an obligation to

extradite or to afford mutual legal assistance, if the requested State Party has

substantial grounds for believing that the request for extradition for offences set

forth in article 3, 3bis, 3teror 3quater or for mutual legal assistance with respect

to such offences has been made for the purpose of prosecuting or punishing a

person on account of that person’s race, religion, nationality, ethnic origin,

political opinion or gender, or that compliance with the request would cause

prejudice to that person’s position for any of these reasons.

ARTICLE 11

1

Article 12, paragraph 1 of the Convention is replaced by the following text:

1

States Parties shall afford one another the greatest measure of assistance in

connection with criminal proceedings brought in respect of the offences set forth

in articles 3, 3bis, 3ter and 3quater, including assistance in obtaining evidence at

their disposal necessary for the proceedings.

2

The following text is added as article 12 bis of the Convention:

Article 12 bis

1

A person who is being detained or is serving a sentence in the territory of one

State Party whose presence in another State Party is requested for purposes of

identification, testimony or otherwise providing assistance in obtaining evidence

for the investigation or prosecution of offences set forth in article 3, 3bis, 3ter

or 3quater may be transferred if the following conditions are met:

(a)

the person freely gives informed consent; and

(b)

the competent authorities of both States agree, subject to such conditions

as those States may deem appropriate.

2

For the purposes of this article:

(a)

the State to which the person is transferred shall have the authority and

obligation to keep the person transferred in custody, unless otherwise

requested or authorized by the State from which the person was

transferred;

(b)

the State to which the person is transferred shall without delay implement

its obligation to return the person to the custody of the State from which

the person was transferred as agreed beforehand, or as otherwise agreed,

by the competent authorities of both States;

(c)

the State to which the person is transferred shall not require the State from

which the person was transferred to initiate extradition proceedings for the

return of the person;

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(d)

the person transferred shall receive credit for service of the sentence being

served in the State from which the person was transferred for time spent in

the custody of the State to which the person was transferred.

3

Unless the State Party from which a person is to be transferred in accordance with

this article so agrees, that person, whatever that person’s nationality, shall not be

prosecuted or detained or subjected to any other restriction of personal liberty in

the territory of the State to which that person is transferred in respect of acts or

convictions anterior to that person’s departure from the territory of the State from

which such person was transferred.

ARTICLE 12

Article 13 of the Convention is replaced by the following text:

1

States Parties shall co-operate in the prevention of the offences set forth in

articles 3, 3bis, 3ter and 3quater, particularly by:

(a)

taking all practicable measures to prevent preparation in their respective

territories for the commission of those offences within or outside their

territories;

(b) exchanging information in accordance with their national law, and

co-ordinating administrative and other measures taken as appropriate to

prevent the commission of offences set forth in articles 3, 3bis, 3ter

and 3quater.

2

When, due to the commission of an offence set forth in article 3, 3bis, 3ter

or 3quater, the passage of a ship has been delayed or interrupted, any State Party

in whose territory the ship or passengers or crew are present shall be bound to

exercise all possible efforts to avoid a ship, its passengers, crew or cargo being

unduly detained or delayed.

ARTICLE 13

Article 14 of the Convention is replaced by the following text:

Any State Party having reason to believe that an offence set forth in article 3, 3bis,

3ter or 3quater will be committed shall, in accordance with its national law,

furnish as promptly as possible any relevant information in its possession to those

States which it believes would be the States having established jurisdiction in

accordance with article 6.

ARTICLE 14

Article 15, paragraph 3 of the Convention is replaced by the following text:

3

The information transmitted in accordance with paragraphs 1 and 2 shall be

communicated by the Secretary-General to all States Parties, to Members of the

Organization, to other States concerned, and to the appropriate international

intergovernmental organizations.

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ARTICLE 15

Interpretation and application

1

The Convention and this Protocol shall, as between the Parties to this Protocol, be read

and interpreted together as one single instrument.

2

Articles 1 to 16 of the Convention, as revised by this Protocol, together with articles 17

to 24 of this Protocol and the Annex thereto, shall constitute and be called the Convention

for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005

(2005 SUA Convention).

ARTICLE 16

The following text is added as article 16 bis of the Convention:

Final clauses of the Convention for the Suppression of Unlawful Acts against the

Safety of Maritime Navigation, 2005

The final clauses of the Convention for the Suppression of Unlawful Acts against the

Safety of Maritime Navigation, 2005 shall be articles 17 to 24 of the Protocol of 2005 to

the Convention for the Suppression of Unlawful Acts against the Safety of Maritime

Navigation. . References in this Convention to States Parties shall be taken to mean

references to States Parties to that Protocol.

FINAL CLAUSES

ARTICLE 17

Signature, ratification, acceptance, approval and accession

1

This Protocol shall be open for signature at the Headquarters of the Organization from

14 February 2006 to 13 February 2007 and shall thereafter remain 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) accession.

3

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.

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ARTICLE 18

Entry into force

1

This Protocol shall enter into force ninety days following the date on which twelve States

have either signed it without reservation as to ratification, acceptance or approval, or have

deposited an instrument of ratification, acceptance, approval or accession with the

Secretary-General.

2

For a State which deposits an instrument of ratification, acceptance, approval or accession

in respect of this Protocol after the conditions in paragraph 1 for entry into force thereof

have been met, the ratification, acceptance, approval or accession shall take effect

ninety days after the date of such deposit.

ARTICLE 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 for that State.

2

Denunciation shall be effected by the deposit of an instrument of denunciation with the

Secretary-General.

3

A denunciation shall take effect one year, or such longer period as may be specified in the

instrument of denunciation, after the deposit of the instrument with the Secretary-General.

ARTICLE 20

Revision and amendment

1

A conference for the purpose of revising or amending this Protocol may be convened by

the Organization.

2

The Secretary-General shall convene a conference of States Parties to this Protocol for

revising or amending the Protocol, at the request of one third of the States Parties, or

ten States Parties, whichever is the higher figure.

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.

ARTICLE 21

Declarations

1

Upon 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, in the

application of this Protocol to the State Party, the treaty shall be deemed not to be

included in article 3ter. The declaration shall cease to have effect as soon as the treaty

enters into force for the State Party, which shall notify the Secretary-General of this fact.

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2

When a State Party ceases to be a party to a treaty listed in the Annex, it may make a

declaration as provided for in this article, with respect to that treaty.

3

Upon depositing its instrument of ratification, acceptance, approval or accession, a State

Party may declare that it will apply the provisions of article 3ter in accordance with the

principles of its criminal law concerning family exemptions of liability.

ARTICLE 22

Amendments to the Annex

1

The Annex may be amended by the addition of relevant treaties that:

(a) are open to the participation of all States;

(b)

have entered into force; and

(c) have been ratified, accepted, approved or acceded to by at least

twelve States Parties to this Protocol.

2

After the entry into force of this Protocol, any State Party thereto may propose such an

amendment to the Annex. Any proposal for an amendment shall be communicated to the

Secretary-General in written form. The Secretary-General shall circulate any proposed

amendment that meets the requirements of paragraph 1 to all members of the

Organization and seek from States Parties to this Protocol their consent to the adoption of

the proposed amendment.

3

The proposed amendment to the Annex shall be deemed adopted after more than

twelve of the States Parties to this Protocol consent to it by written notification to the

Secretary-General.

4

The adopted amendment to the Annex shall enter into force thirty days after the deposit

with the Secretary-General of the twelfth instrument of ratification, acceptance or

approval of such amendment for those States Parties to this Protocol that have deposited

such an instrument. For each State Party to this Protocol ratifying, accepting or

approving the amendment after the deposit of the twelfth instrument with the

Secretary-General, the amendment shall enter into force on the thirtieth day after deposit

by such State Party of its instrument of ratification, acceptance or approval.

ARTICLE 23

Depositary

1

This Protocol and any amendments adopted under articles 20 and 22 shall be deposited

with the Secretary-General.

2

The Secretary-General shall:

(a)

inform all States which have signed this Protocol or acceded to this Protocol of:

(i)

each new signature or deposit of an instrument of ratification, acceptance,

approval or accession together with the date thereof;

(ii)

the date of the entry into force of this Protocol;

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(iii) the deposit of any instrument of denunciation of this Protocol together

with the date on which it is received and the date on which the

denunciation takes effect;

(iv) any communication called for by any article of this Protocol;

(v)

any proposal to amend the Annex which has been made in accordance with

article 22, paragraph 2;

(vi) any amendment deemed to have been adopted in accordance with

article 22, paragraph 3;

(vii) any amendment ratified, accepted or approved in accordance with

article 22, paragraph 4, together with the date on which that amendment

shall enter into force; and

(b)

transmit certified true copies of this Protocol to all States which have signed or

acceded to this Protocol.

3

As soon as this Protocol enters into force, a certified true copy of the text shall be

transmitted by the Secretary-General to the Secretary-General of the United Nations for

registration and publication in accordance with Article 102 of the Charter of the

United Nations.

ARTICLE 24

Languages

This Protocol is established in a single original in the Arabic, Chinese, English, French,

Russian and Spanish languages, each text being equally authentic.

DONE AT LONDON this fourteenth day of October two thousand and five.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective

Governments for that purpose, have signed this Protocol.

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127

PROTOCOL OF 2005 TO THE PROTOCOL FOR THE SUPPRESSION OF

UNLAWFUL ACTS AGAINST THE SAFETY OF FIXED PLATFORMS LOCATED ON

THE CONTINENTAL SHELF

THE STATES PARTIES to this Protocol,

BEING PARTIES to the Protocol for the Suppression of Unlawful Acts against the Safety

of Fixed Platforms Located on the Continental Shelf done at Rome on 10 March 1988,

RECOGNIZING that the reasons for which the Protocol of 2005 to the Convention for

the Suppression of Unlawful Acts against the Safety of Maritime Navigation was elaborated also

apply to fixed platforms located on the continental shelf,

TAKING account of the provisions of those Protocols,

HAVE AGREED as follows:

ARTICLE 1

For the purposes of this Protocol:

1

“1988 Protocol” means the Protocol for the Suppression of Unlawful Acts against

the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome

on 10 March 1988.

2

“Organization” means the International Maritime Organization.

3

“Secretary-General” means the Secretary-General of the Organization.

ARTICLE 2

Article 1, paragraph 1, of the 1988 Protocol is replaced by the following text:

1

The provisions of article 1, paragraphs 1(c), (d), (e), (f), (g), (h) and 2(a), of

articles 2bis, 5, 5bis and 7, and of articles 10 to 16, including articles 11bis, 11ter

and 12bis, of the Convention for the Suppression of Unlawful Acts against the

Safety of Maritime Navigation, as amended by the Protocol of 2005 to the

Convention for the Suppression of Unlawful Acts against the Safety of Maritime

Navigation, shall also apply mutatis mutandis to the offences set forth in

articles 2, 2bis and 2ter of this Protocol where such offences are committed

on board or against fixed platforms located on the continental shelf.

ARTICLE 3

1

Article 2, paragraph 1(d) of the 1988 Protocol is replaced by the following text:

(d)

places or causes to be placed on a fixed platform, by any means whatsoever,

a device or substance which is likely to destroy that fixed platform or likely to

endanger its safety.

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2

Article 2, paragraph 1(e) of the 1988 Protocol is deleted.

3

Article 2, paragraph 2 of the 1988 Protocol is replaced by the following text:

2

Any person also commits an offence if that person threatens, with or without a

condition, as is provided for under national law, aimed at compelling a physical or

juridical person to do or refrain from doing any act, to commit any of the offences

set forth in paragraphs 1(b) and (c), if that threat is likely to endanger the safety of

the fixed platform.

ARTICLE 4

1

The following text is inserted as article 2 bis :

Article 2 bis

Any person commits an offence within the meaning of this Protocol if that person

unlawfully and intentionally,

when the purpose of the act, by its nature or context, is to

intimidate a population, or to compel a government or an international organization to do

or to abstain from doing any act:

(a)

uses against or on a fixed platform or discharges from a fixed platform any

explosive, radioactive material or BCN weapon in a manner that causes or is

likely to cause death or serious injury or damage; or

(b)

discharges, from a fixed platform, oil, liquefied natural gas, or other hazardous or

noxious substance, which is not covered by subparagraph (a), in such quantity or

concentration that causes or is likely to cause death or serious injury or damage; or

(c)

threatens, with or without a condition, as is provided for under national law, to

commit an offence set forth in subparagraph (a) or (b).

2

The following text is inserted as Article 2 ter :

Article 2 ter

Any person also commits an offence within the meaning of this Protocol if that person:

(a)

unlawfully and intentionally injures or kills any person in connection with the

commission of any of the offences set forth in article 2, paragraph 1, or article 2bis;

or

(b)

attempts to commit an offence set forth in article 2, paragraph 1, article 2bis,

subparagraph (a) or (b), or subparagraph (a) of this article; or

(c)

participates as an accomplice in an offence set forth in article 2, article 2bis or

subparagraph (a) or (b) of this article; or

(d)

organizes or directs others to commit an offence set forth in article 2, article 2bis

or subparagraph (a) or (b) of this article; or

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(e)

contributes to the commission of one or more offences set forth in article 2,

article 2bis or subparagraph (a) or (b) of this article, by a group of persons acting

with a common purpose, intentionally and either:

(i)

with the aim of furthering the criminal activity or criminal purpose of the

group, where such activity or purpose involves the commission of an

offence set forth in article 2 or 2bis; or

(ii)

in the knowledge of the intention of the group to commit an offence set

forth in article 2 or 2bis.

ARTICLE 5

1

Article 3, paragraph 1 of the 1988 Protocol is replaced by the following text:

1

Each State Party shall take such measures as may be necessary to establish its

jurisdiction over the offences set forth in articles 2, 2bis and 2ter when the offence

is committed:

(a)

against or on board a fixed platform while it is located on the continental

shelf of that State; or

(b)

by a national of that State.

2

Article 3, paragraph 3 of the 1988 Protocol is replaced by the following text:

3

Any State Party which has established jurisdiction mentioned in paragraph 2 shall

notify the Secretary-General. If such State Party subsequently rescinds that

jurisdiction, it shall notify the Secretary-General.

3

Article 3, paragraph 4 of the 1988 Protocol is replaced by the following text:

4

Each State Party shall take such measures as may be necessary to establish its

jurisdiction over the offences set forth in articles 2, 2bis and 2ter in cases where

the alleged offender is present in its territory and it does not extradite the alleged

offender to any of the States Parties which have established their jurisdiction in

accordance with paragraphs 1 and 2.

ARTICLE 6

Interpretation and application

1

The 1988 Protocol and this Protocol shall, as between the Parties to this Protocol,

be read and interpreted together as one single instrument.

2

Articles 1 to 4 of the 1988 Protocol, as revised by this Protocol, together with

articles 8 to 13 of this Protocol shall constitute and be called the Protocol for the

Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on

the Continental Shelf, 2005 (2005 SUA Fixed Platforms Protocol).

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ARTICLE 7

The following text is added as article 4 bis of the Protocol:

Final clauses of the Protocol for the Suppression of Unlawful Acts against the Safety

of Fixed Platforms Located on the Continental Shelf, 2005

The final clauses of the Protocol for the Suppression of Unlawful Acts against the Safety

of Fixed Platforms Located on the Continental Shelf, 2005, shall be articles 8 to 13 of the

Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety

of Fixed Platforms Located on the Continental Shelf. References in this Protocol to

States Parties shall be taken to mean references to States Parties to the 2005 Protocol.

FINAL CLAUSES

ARTICLE 8

Signature, ratification, acceptance, approval and accession

1

This Protocol shall be open for signature at the Headquarters of the Organization

from 14 February 2006 to 13 February 2007 and shall thereafter remain 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) accession.

3

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 1988 Protocol without reservation as to

ratification, acceptance or approval, or has ratified, accepted, approved or acceded

to the 1988 Protocol may become a Party to this Protocol.

ARTICLE 9

Entry into force

1

This Protocol shall enter into force ninety days following the date on which three

States have either signed it without reservation as to ratification, acceptance or

approval, or have deposited an instrument of ratification, acceptance, approval or

accession with the Secretary-General. However, this Protocol shall not enter into

force before the Protocol of 2005 to the Convention for the Suppression of

Unlawful Acts against the Safety of Maritime Navigation has entered into force.

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2

For a State which deposits an instrument of ratification, acceptance, approval or

accession in respect of this Protocol after the conditions in paragraph 1 for entry

into force thereof have been met, the ratification, acceptance, approval or

accession shall take effect ninety days after the date of such deposit.

ARTICLE 10

Denunciation

1

This Protocol may be denounced by any State Party at any time after the date on

which this Protocol enters into force for that State.

2

Denunciation shall be effected by the deposit of an instrument of denunciation

with the Secretary-General.

3

A denunciation shall take effect one year, or such longer period as may be

specified in the instrument of denunciation, after the deposit of the instrument

with the Secretary-General.

ARTICLE 11

Revision and amendment

1

A conference for the purpose of revising or amending this Protocol may be

convened by the Organization.

2

The Secretary-General shall convene a conference of States Parties to this

Protocol for revising or amending the Protocol, at the request of one third of the

States Parties, or five States Parties, whichever is the higher figure.

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.

ARTICLE 12

Depositary

1

This Protocol and any amendments adopted under article 11 shall be deposited

with the Secretary-General.

2

The Secretary-General shall:

(a)

inform all States which have signed this Protocol or acceded to this

Protocol of:

(i)

each new signature or deposit of an instrument of ratification,

acceptance, approval or accession together with the date thereof;

(ii)

the date of the entry into force of this Protocol;

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(iii) the deposit of any instrument of denunciation of this Protocol

together with the date on which it is received and the date on which

the denunciation takes effect;

(iv) any communication called for by any article of this Protocol; and

(b)

transmit certified true copies of this Protocol to all States which have

signed or acceded to this Protocol.

3

As soon as this Protocol enters into force, a certified true copy of the text

shall be transmitted by the Secretary-General to the Secretary-General of the

United Nations for registration and publication in accordance with Article 102 of

the Charter of the United Nations.

ARTICLE 13

Languages

This Protocol is established in a single original in the Arabic, Chinese, English, French,

Russian and Spanish languages, each text being equally authentic.

DONE AT LONDON this fourteenth day of October two thousand and five.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective

Governments for that purpose, have signed this Protocol.