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Home / RLA / On the accession of the Republic of Kazakhstan to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf

On the accession of the Republic of Kazakhstan to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the accession of the Republic of Kazakhstan to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf

The Law of the Republic of Kazakhstan dated February 27, 2003 No. 390.

      The Republic of Kazakhstan should accede to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done in Rome on March 10, 1988.  

 

     President of the Republic of Kazakhstan

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

      The States Parties to this Convention,  

      Bearing in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the development of friendly relations and cooperation among States,  

      Recognizing in particular that everyone has the right to life, liberty and security of person, as stated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,  

      Deeply concerned about the escalation in the world of acts of terrorism in all its forms, which endanger or claim the lives of innocent people, endanger fundamental freedoms and seriously offend the dignity of the human person,  

      Considering that illegal acts against security  

      maritime navigation, threaten the safety of people and property, seriously disrupt maritime communications and undermine the faith of the peoples of the world in the safety of maritime navigation,  

      Considering that such acts are a matter of serious concern to the entire international community,  

      Convinced of the urgent need to develop international cooperation among States in developing and adopting effective and practical measures to prevent all illegal acts against the safety of maritime navigation and to prosecute and punish those who commit them,  

      Recalling United Nations General Assembly resolution 40/61 of 9 December 1985, which, inter alia, "urges all States, unilaterally and in cooperation with other States, as well as relevant United Nations bodies, to contribute to the progressive elimination of the underlying causes of international terrorism and to pay special attention to all situations, including colonialism, racism, and situations involving massive and gross violations of human rights and fundamental freedoms,  

      as well as situations that have developed as a result of foreign occupation, which can cause international terrorism and threaten international peace and security.",  

      Recalling further that resolution 40/61 "unequivocally condemns as criminal all acts, methods and practices of terrorism, wherever and by whomsoever committed, including those that endanger friendly relations between States and their security",  

      Recalling also that resolution 40/61 of the International Maritime Organization proposes "to study the problem of acts of terrorism on board or against ships with a view to making recommendations on appropriate measures",  

      Having regard to the resolution of the Assembly of the International Maritime Organization A.584(14) of November 20, 1985, which calls for the development of measures to prevent illegal acts that threaten the safety of ships and the safety of their passengers and crews,  

      Noting that this Convention does not apply to the actions of the crew, which are governed by the rules for maintaining normal discipline on board the ship,  

      Affirming the desirability of monitoring norms and standards related to the prevention and control of illegal acts against ships, with a view to updating them when necessary, and in this regard taking note with appreciation of the measures recommended by the International Maritime Safety Committee to prevent illegal acts against passengers and crews on board ships. maritime organizations,  

      Reaffirming further that matters not regulated by this Convention continue to be governed by the norms and principles of general international law,  

      Recognizing the need for all States to strictly comply with the norms and principles of general international law in combating illegal acts against the safety of maritime navigation,  

      have agreed on the following:  

Article 1

     1. For the purposes of this Convention:

     (a) "Vessel" means a vessel of any type not permanently anchored to the seabed, including vessels with a dynamic principle of support, underwater vehicles or any other floating means;

     (b) "Transport" means to initiate, organize or effectively control, including the right to make decisions, the movement of a person or object;

      (c) "Serious bodily injury or damage" means:  

     (i) Serious injury; or

     (ii) Significant destruction of public spaces, a State or government facility, an infrastructure facility, or a public transport system that causes major economic damage; or

     (iii) Significant damage to the environment, including air, soil, water, fauna or flora;

     (d) "BHA weapon" means:

     (i) "Biological weapons", which are:

     1) microbiological or other biological agents or toxins, whatever their origin or method of production, of such types and in such quantities that are not intended for preventive, protective or other peaceful purposes; or

     2) weapons, equipment or means of delivery intended for the use of such agents or toxins for hostile purposes or in armed conflict;

     (ii) "Chemical weapons", which are collectively or individually:

     1) toxic chemicals and their precursors, except where they are intended for:

     (A) For industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; or

     (B) Protective purposes, namely those directly related to protection against toxic chemicals and protection against chemical weapons; or

     (C) Military objectives that are not related to the use of chemical weapons and do not depend on the use of toxic properties of chemicals as a means of warfare; or

     (D) Law enforcement purposes, including combating unrest in the country,

     provided that the types and quantities correspond to such purposes.;

     2) ammunition and devices specifically designed to cause fatal injury or other harm due to the toxic properties of toxic chemicals specified in subparagraph ii) 1) released as a result of the use of such ammunition and devices;

     (3) Any equipment specifically designed for use directly in connection with the use of ammunition and devices specified in subparagraph (ii) 2);

     (iii) Nuclear weapons and other nuclear explosive devices;

     e) "toxic chemical" means any chemical that, due to its chemical effect on vital processes, can cause death, temporary incapacitating effect or cause permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or method of production, and regardless of whether they are produced in facilities, ammunition, or elsewhere.;

     (f) "Precursor" means any chemical reagent involved in any stage of the production of a toxic chemical by any means. 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 "places of public use", "public or governmental facility", "infrastructure facility" and "public transport system" have the same meaning as similar terms used in the International Convention for the Suppression of Terrorist Bombings, adopted in New York on December 15, 1997, and

     (b) The terms "source material" and "special fissionable material" have the same meaning as similar terms used in the Statute of the International Atomic Energy Agency (IAEA), adopted in New York on October 26, 1956.

     The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 2  

      1. This Convention does not apply to:  

      (a) A warship; or  

      (b) A vessel owned or operated by a State when it is used as a military auxiliary or for customs or police purposes; or  

      (c) A vessel decommissioned or docked.  

     2. Nothing in this Convention affects the immunity of warships and other Government vessels operated for non-commercial purposes.

Article 2bis

     1. Nothing in this Convention affects other rights, obligations and obligations of States and individuals under international law, in particular in accordance with 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 actions of armed forces during an armed conflict, as these terms are understood in international humanitarian law, which are governed by this law, and to actions taken by the armed forces of a State in order to carry out their official functions, since they are governed by other norms of international law.

     3. Nothing in this Convention affects the rights, obligations and obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, signed in Washington, London and Moscow on July 1, 1968, the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, signed in Washington, London and Moscow On April 10, 1972, or the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, signed in Paris on January 13, 1993, in respect of States- participants in such agreements.

     The footnote. The Convention is supplemented by Article 2bis in accordance with the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 3

     1. Any person commits an offence within the meaning of this Convention if he unlawfully and intentionally:

      (a) Seizes or controls a ship by force or threat of force or by any other form of intimidation; or  

      (b) Commits an act of violence against a person on board a ship if such act could endanger the safe navigation of that ship; or  

      (c) Destroys the vessel or causes damage to the vessel or its cargo that could endanger the safe navigation of the vessel; or  

      (d) Places, or performs acts for the purpose of placing, on board a vessel in any way a device or substance that may destroy that vessel, cause damage to that vessel or its cargo that threatens or may endanger the safe navigation of that vessel; or  

      (e) Destroys or causes serious damage to marine navigation equipment, or seriously interferes with its operation, if any such act could endanger the safe navigation of the vessel; or  

     f) knowingly provides false information, thereby endangering the safe navigation of the vessel.

     g) excluded by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

     2. Any person also commits an offence if he threatens, with or without condition, as provided for by national legislation, in order to compel a natural or legal person to commit or refrain from any act, to commit any of the offences referred to in subparagraphs (b), (c) and (e) of paragraph 1, if this threat may pose a danger to the navigation of the vessel in question.

     The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 3bis

     1. Any person commits an offence within the meaning of this Convention if he unlawfully and intentionally:

     a) when the purpose of this action, by its nature or content, is to intimidate the population or force the Government or an international organization to commit or refrain from any action:

     (i) Uses any explosive substance, radioactive material or weapon against or on board the vessel in a manner that causes or is likely to cause death or serious bodily injury or damage; or

     (ii) Dumps oil, liquefied natural gas, or other dangerous or noxious substance not mentioned in subparagraph (a) (i) from the ship in such quantities or concentrations that it causes or is likely to cause death or serious bodily injury or damage; or

     (iii) Uses the vessel in a manner that causes death or serious bodily injury or damage; or

     (iv) Threatens, with or without condition, as provided for by national law, to commit an offence referred to in subparagraph (a) (i), (ii) or (iii); or

     b) carries on board the vessel:

     i) any explosive substance or radioactive material, knowing that they are intended to cause or threaten to cause, with or without condition, as provided for by national legislation, death or serious bodily injury, or damage with the aim of intimidating the population or forcing a Government or an international organization to take any action or refrain from him; or

      (ii) Any BHA weapon, aware that it is a BHA weapon as defined in Article 1; or

     (iii) Any source material, special fissionable material or equipment or material specially designed or prepared for the processing, use or production of special fissionable material, aware that they are intended for use in activities related to nuclear explosions or other nuclear activities not covered by safeguards in accordance with the comprehensive safeguards agreement with The IAEA; or

     (iv) Any equipment, materials or software or related technology that significantly contributes to the design, manufacture or delivery of weapons to Syria, with the intention of using them for such a purpose.

     2. It is not an offence within the meaning of this Convention to transport an object or material specified in paragraph 1 (b) (iii) or, to the extent applicable to nuclear weapons or other nuclear explosive devices, in paragraph 1 (b) (iv), when such object or material is transported to or from the territory or otherwise are transported under the control of a State party to the Treaty on the Non-Proliferation of Nuclear Weapons if:

     (a) The final transfer or receipt, including within a State, of this item or material is consistent with the obligations of such State Party under the Treaty on the Non-Proliferation of Nuclear Weapons; and,

     (b) In the case where this item or material is intended for a nuclear weapon delivery system or other nuclear explosive device of a State party to the Treaty on the Non-Proliferation of Nuclear Weapons, the possession of such weapon or device does not contradict the obligations of that State Party under that Treaty.

     The footnote. The Convention is supplemented by Article 3bis in accordance with the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 3ter

      Any person commits an offence within the meaning of this Convention if he unlawfully and intentionally transports another person on board a ship, knowing that that person has committed an act that constitutes an offence referred to in article 3, 3bis, or 3quater, or an offence referred to in any of the treaties listed in the Annex, and intending to provide assistance such a person can avoid criminal prosecution.

     The footnote. The Convention is supplemented by Article 3ter in accordance with the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 3quater

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

      (a) Unlawfully and intentionally injures or kills a person in connection with the commission of any of the offences referred to in article 3, paragraph 1, article 3 bis or article 3ter, or

     (b) Attempts to commit an offence referred to in paragraph 1 of article 3, subparagraph (a) (i), (ii) or (iii) of paragraph 1 of article 3bis, or subparagraph (a) of this article; or

     (c) Participates as an accomplice in the commission of an offence referred to in article 3, article 3bis, article 3ter or in subparagraph (a) or (b) of this article; or

     (d) Organizes or directs other persons to commit an offence referred to in article 3, article 3 bis, article 3 ter or in subparagraph (a) or (b) of this article; or

     (e) Contributes to the commission of one or more of the offences referred to in article 3, article 3 bis, article 3 ter or subparagraph (a) or (b) of this article by a group of persons acting with a common purpose, intentionally and:

      (i) For the purpose of supporting the criminal activity or criminal purpose of the group, when such activity or purpose involves the commission of an offence referred to in article 3, 3bis or 3ter; or

     (ii) With the knowledge of the intent of the group to commit the offence referred to in articles 3, 3 bis or 3 ter.

     The footnote. The Convention is supplemented by Article 3quater in accordance with the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 4

      1. This Convention applies if a ship sails or its route includes sailing into, through or from waters located beyond the outer boundary of the territorial sea of any one State or beyond the lateral boundaries of its territorial sea with neighboring States.  

      2. In cases where this Convention does not apply in accordance with paragraph 1, it nevertheless applies if the offender or the alleged offender is located in the territory of a State Party other than the State referred to in paragraph 1.  

Article 5

      Each State Party shall establish appropriate penalties for the offences referred to in articles 3, 3 bis, 3ter and 3 quater, taking into account the grave nature of these offences.

     The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 5bis

     1. Each State Party, in accordance with the principles of its domestic law, shall take the necessary measures to hold a legal entity located on its territory or established in accordance with its legislation accountable in the event that an individual responsible for managing or controlling that legal entity, who acts in his official capacity, commits an offence specified in of this Convention. Such liability may be criminal, civil, or administrative in nature.

     2. Such liability is without prejudice to the criminal liability of individuals who have committed crimes.

3. Each State Party shall, in particular, ensure that legal entities held accountable in accordance with paragraph 1 are subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. Such sanctions may include monetary sanctions.

     The footnote. The Convention is supplemented by Article 5bis in accordance with the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 6

      1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 3, 3 bis, 3 ter and 3 quater, when the offence is committed:

      (a) Against or on board a vessel flying the flag of that State at the time of the commission of the offence; or  

      (b) In the territory of that State, including its territorial sea; or  

      c) a national of that State.  

      2. A State Party may also establish its jurisdiction over any such offence when:  

      a) it is committed by a stateless person who habitually resides in that State; or  

      (b) During its commission, a national of that State has been captured, threatened, injured or killed; or  

      c) It is committed in an attempt to force this State to commit or refrain from any action.  

     3. Any State Party that has established the jurisdiction referred to in paragraph 2 shall notify the Secretary-General accordingly. If such a State Party subsequently renounces such jurisdiction, it shall notify the Secretary-General accordingly.

     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 3guater in cases where the alleged offender is present on its territory and it does not extradite him to any of the States Parties that have established their jurisdiction in accordance with in accordance with paragraphs 1 and 2 of this article.

     5. This Convention does not exclude any criminal jurisdiction exercised in accordance with national legislation.

     The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 7

      1. Having satisfied itself that the circumstances so require, any State Party in whose territory the offender or alleged offender is located shall, in accordance with its legislation, detain him or take other measures to ensure his presence for such time as is necessary to initiate criminal proceedings or take extradition measures.  

      2. Such a State shall immediately conduct a preliminary investigation of the facts in accordance with its legislation.  

      3. Any person against whom the measures referred to in paragraph 1 are being taken has the right:  

      a) immediately contact the nearest appropriate representative of the State of which he is a national or who is otherwise authorized to establish such a connection, or, if he is a stateless person, with a representative of the State in whose territory he habitually resides;  

      (b) Visits by a representative of that State.  

      4. The rights referred to in paragraph 3 shall be exercised in accordance with the laws and regulations of the State in whose territory the offender or alleged offender is located, provided that the said laws and regulations should make it possible to fully implement the purposes for which the rights granted under paragraph 3 are intended.  

      5. When a State Party has detained a person in accordance with this article, it shall promptly inform the States that have established jurisdiction in accordance with paragraph 1 of article 6 and, if it deems it appropriate, any other States concerned that such person is in custody and of the circumstances requiring his detention. The State that conducts the preliminary investigation provided for in paragraph 2 of this article shall immediately inform the said States of its results and indicate whether it intends to exercise jurisdiction.  

Article 8

     1. The captain of a ship of a Participating State ("flag State") Any person with respect to whom the captain has reasonable grounds to believe that he has committed the offence referred to in articles 3, 3bis, 3ter and 3guater may be transferred to the authorities of any other Participating State (the "receiving State").

      2. The flag State shall ensure that the captain of its vessel, on board of which is any person whom it intends to transfer in accordance with paragraph 1, is obliged to give, when practicable and, if possible, prior to the vessel's entry into the territorial sea of the receiving State, notification to the competent authorities of the receiving State of his intention to transfer such person and of the reasons transfers.  

      3. The receiving State accepts the transferred person, except in cases where it has reason to believe that this Convention does not apply to actions leading to such transfer and acts in accordance with the provisions of article 7. Any refusal to accept the transferred person shall be accompanied by a statement of the reasons for the refusal.  

      4. The flag State shall ensure that the captain of its vessel is required to provide the competent authorities of the host State with evidence available to the captain that relates to the alleged crime.  

     5. A receiving State that has accepted the transfer of a person in accordance with paragraph 3 may in turn request the flag State to accept the transfer of that person. The flag State shall consider any such request and, if it grants it, it shall act in accordance with article 7. If the flag State rejects the request, it shall provide the receiving State with a statement explaining the reasons for the refusal.

     The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 8bis

     1. States Parties shall cooperate to the maximum extent possible to prevent and suppress illegal acts covered by this Convention in accordance with international law and shall respond to requests under this article as soon as possible.

     2. Each request under this article should include, as far as possible, the name of the suspected vessel, the IMO identification number of the vessel, the port of registration, ports of departure and destination, as well as any other necessary information. If the request is made orally, the requesting Participant confirms the request in writing as soon as possible. The requested Participant immediately confirms receipt of any written or oral request.

     3. The Participating States shall take into account the dangers and difficulties associated with boarding a ship at sea and inspecting its cargo, and consider whether other necessary measures, agreed between the States concerned, can be carried out more safely at the next port of call or another location.

     4. A State Party that has reasonable grounds to suspect that an offence referred to in articles 3, 3bis, 3ter and 3guater has been committed, is being committed or is about to be committed with the participation of a vessel flying its flag may request other States Parties to provide assistance to prevent or suppress this offence. States Parties that have received such a request shall do their utmost to provide such assistance within their available means.

     5. Whenever law enforcement officials or other authorized officials of a State Party (the "requesting Party") deal with a vessel flying the flag of another State Party (the "first Party") or bearing its registration marks in such a State and located outside the territorial sea of any State, and the requesting Party has reasonable grounds to suspect that a vessel or a person on board that vessel has participated, is participating, or is willing to participate in the commission of an offence referred to in articles 3, 3bis, 3ter, and kb 3guater, and the requesting Participant expresses a desire to disembark the ship.,

     (a) He requests, in accordance with paragraphs 1 and 2, the first Participant to confirm the declaration of nationality, and,

     (b) If the nationality is confirmed, the requesting Party shall request permission from the first Party (hereinafter referred to as the "flag State") to disembark the vessel and take appropriate measures with respect to that vessel, which may include stopping the vessel, disembarking the vessel and examining the vessel, its cargo and people on board, as well as interviewing the people on board with to determine whether the offence referred to in articles 3, 3bis, 3ter and 3guater has been committed, is being committed or is about to be committed; and

     (c) Flag State;

     (i) Authorizes the requesting Party to disembark the vessel and take the appropriate measures referred to in subparagraph (b), subject to any conditions it may impose in accordance with paragraph 7; or

      (ii) disembark and inspect the vessel with the assistance of its own law enforcement officials or other officials; or  

     (iii) disembark and inspect the vessel together with the requesting Party, subject to any conditions it may establish in accordance with paragraph 7; or

     iv) refuses permission to board and inspect the vessel.

      The requesting Party shall not board the vessel or take the measures referred to in subparagraph (b) without the express permission of the flag State.  

(d) At the time or after the deposit of its instrument of ratification, acceptance, approval or accession, a State Party may notify the Secretary-General that, in respect of vessels flying its flag or bearing its registration marks, the requesting Party is authorized to board and inspect the vessel, its cargo and persons. on board, as well as interviewing persons on board in order to find and verify documents confirming the nationality of the vessel, as well as determine whether a crime has been committed, is being committed or is about to be committed., specified in Articles 3, 3bis, 3ter and 3guater, if no response has been received from the first Participant within four hours after confirmation of receipt of the request for confirmation of nationality.

     f) At or after the deposit of its instrument of ratification, acceptance, approval or accession, a State Party may notify the Secretary-General that, in respect of vessels flying its flag or bearing its registration marks, the requesting Party is authorized to board and inspect the vessel, its cargo and persons on board. and also to conduct a survey of persons on board in order to determine whether the crime referred to in articles 3, 3bis, 3ter and 3guater has been committed, is being committed or is about to be committed.

     Notifications sent pursuant to this paragraph may be withdrawn at any time.

     6. If, as a result of any boarding carried out in accordance with this article, evidence of an act described in articles 3, 3bis, 3ter and 3guater is found, the flag State may authorize the requesting Party to detain the vessel, cargo and people on board the vessel, pending instructions from the flag State to take action. The requesting Party shall immediately inform the flag State of the results of the disembarkation, inspection and detention carried out in accordance with this article. The requesting Party shall also promptly inform the flag State of the discovery of evidence of another unlawful act not covered by this Convention.

     7. To the extent compatible with other provisions of this Convention, the flag State may attach conditions to its authorization granted under paragraph 5 or 6, including conditions for obtaining additional information from the requesting Party and conditions relating to responsibility for the measures to be taken and the extent of those measures. No additional measures may be taken without the express permission of the flag State, except those necessary to eliminate an immediate threat to human life or those resulting from other relevant bilateral or multilateral agreements.

     8. With respect to any disembarkation made pursuant to this article, the flag State has the right to exercise jurisdiction over the detained vessel, cargo or other objects, as well as persons on board, including seizure, confiscation, arrest and prosecution. However, the flag State, in compliance with its constitution and legislation, may agree to the exercise of jurisdiction by another State having jurisdiction under article 6.

     9. When performing actions authorized under this article, it is necessary to avoid the use of force, except in cases where it is necessary to ensure the safety of their officials and people on board the ship or when officials are prevented from performing their authorized actions. Any use of force based on this article must not exceed the minimum level of force that is necessary and reasonable in the specific circumstances.

     10. Protective provisions:

     (a) When a State Party takes measures against a vessel in accordance with this article, it shall:

     (i) Takes due account of the need not to endanger the safety of human life at sea;

     (ii) Ensure that all persons on board are treated in a manner that respects their human dignity and complies with applicable provisions of international law, including international human rights law;

     (iii) Ensure that boarding and inspection under this article are carried out in accordance with applicable international law;

     (iv) Shall take due account of the safety and security of the ship and its cargo;

     (v) Takes due account of the need not to prejudice the commercial or legal interests of the flag State;

     (vi) Ensure, to the extent possible, that any measure taken with respect to the ship or its cargo is consistent with environmental safety considerations, taking into account the specific circumstances;

     (vii) Ensure that persons on board a ship against whom proceedings may be initiated in connection with any of the offences referred to in articles 3, 3bis, 3ter and 3guater are provided with the remedies provided for in article 10, paragraph 2, wherever these persons may be located;

     (viii) Ensure that the master of the vessel is informed of the intention of that State to disembark the vessel and that he is given the opportunity to contact the owner of the vessel and the flag State at the earliest opportunity; and

     (ix) Make reasonable efforts to avoid unjustifiably detaining or delaying the vessel.

     b) Provided that the granting of permission by the flag State to disembark a ship as such does not entail its liability, the Participating States shall be liable for any damage, injury or loss attributed to them as a result of measures taken on the basis of this article, if:

     (i) The reasons for the measures taken are unfounded, provided that the vessel has not committed any act justifying the measures taken; or

     (ii) Such measures are unlawful or exceed the measures reasonably necessary, according to available information, to implement the provisions of this article.

     States Parties shall ensure an effective right of recourse in respect of such damage, injury or loss.

     (c) If a State Party takes measures against a vessel in accordance with this Convention, it shall take due account of the need not to obstruct or harm:

      (i) The rights and obligations and exercise of jurisdiction of coastal States in accordance with international maritime law; or  

     (ii) The authority of the flag State to exercise jurisdiction and control over administrative, technical and social matters related to the ship.

     (d) Any measure taken pursuant to this article is carried out by law enforcement officials or other authorized officials from warships or military aircraft, or from other vessels or aircraft that have clear external markings that identify them as being in public service and that are authorized for this purpose, and, Notwithstanding articles 2 and 2bis, the provisions of this article shall apply.

     e) For the purposes of this article, "law enforcement officials or other authorized officials" are employees of law enforcement or other government agencies duly authorized by their State, who wear uniforms or have other clearly distinguishing features. For the specific purpose of ensuring the implementation of legislation based on this Convention, when boarding a ship, law enforcement officials or other authorized officials must present duly issued government identification cards to the ship's captain for inspection.

     11. This article does not apply to disembarkation by any State Party in accordance with international law outside the territorial sea of any State, and does not restrict such disembarkation, including disembarkations based on the right to inspect, assist persons, ships and property in distress or in danger, or the powers granted by by the flag State, to take measures to ensure compliance with legislation or other measures.

     12. Participating States are encouraged to develop standard operating procedures for joint operations based on this article and to consult with other Participating States, as appropriate, in order to harmonize such procedures for conducting operations.

     13. The Participating States may conclude agreements or arrangements among themselves aimed at facilitating operations to ensure the implementation of legislation conducted in accordance with this article.

     14. Each State Party shall take appropriate measures to ensure that its law enforcement officials or other authorized officials, as well as law enforcement officials or other authorized officials of other States Parties acting on its behalf, have the authority to act in accordance with this article.

15. During or after the deposit of the instrument of ratification, acceptance, approval or accession, each State Party shall designate an authority or, if necessary, authorities to receive and respond to requests for assistance, confirmation of the nationality of the vessel and authorization to take appropriate measures. Within one month of becoming a Party, a State shall notify the Secretary-General of such appointment, including contact information, who shall inform all other States Parties thereof within one month of the appointment. Each Participating State is responsible for providing timely notification, through the Secretary-General, of any change to the designated authority or contact information.

     The footnote. The Convention is supplemented by Article 8bis in accordance with the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 9

      Nothing in this Convention in any way affects the rules of international law relating to the competence of States to exercise jurisdiction to investigate or take enforcement measures on board ships not flying their flag.  

Article 10

      1. The State Party in whose territory the offender or alleged offender is located, in cases where article 6 applies, if it does not extradite him, shall, without any exceptions and regardless of whether the offence was committed on its territory, immediately transfer the case to its competent authorities for the purpose of criminal prosecution by conducting proceedings. in accordance with its legislation. These authorities make decisions in the same way as in the case of any other serious crime under the legislation of that State.  

     2. Any person who is taken into custody or against whom any other measures have been taken or proceedings are being conducted in accordance with this Convention shall be guaranteed fair treatment, including the enjoyment of all rights and guarantees in accordance with the laws of the State in whose territory that person is located and the applicable provisions of international law, including international law in the field of human rights.

     The footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 11

     1. The offences referred to in articles 3, 3bis, 3ter and 3guater are considered to be subject to inclusion as extraditable offences in any extradition treaty concluded between any participating States. The participating States undertake to include such offences as extraditable offences in all extradition treaties to be concluded between them.

     2. When a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, the requested State may, at its discretion, consider this Convention as the legal basis for extradition in connection with the offences set forth in articles 3, 3bis, 3ter. and 3guater. Extradition is subject to other conditions stipulated by the legislation of the requested State Party.

     3. States Parties that do not make extradition conditional on the existence of a treaty shall consider the offences referred to in articles 3, 3bis, 3ter and 3guater as extraditable offences in their relations with each other, subject to the conditions provided for by the legislation of the requested State Party.

     4. If necessary, the offences referred to in articles 3, 3bis, 3ter and 3guater shall be treated by the States Parties for the purposes of extradition as if they had been committed not only in the place where they were committed, but also in any place within the jurisdiction of the State Party requesting extradition.

      5. A State Party that receives more than one extradition request from States that have established jurisdiction in accordance with article 6 and which decides not to institute criminal proceedings, when choosing the State to which the offender or alleged offender is to be extradited, shall give due consideration to the interests and responsibilities of the State Party whose flag was flying. the vessel at the time of the crime.  

      6. When considering a request for the extradition of an alleged offender in accordance with this Convention, the requested State shall give due consideration to the question of whether the rights of the alleged offender referred to in paragraph 3 of article 7 can be realized in the requesting State.  

     7. With regard to the offences set forth in this Convention, the provisions of all treaties and agreements between States Parties on extradition shall change in relations between States Parties to the extent that they are incompatible with this Convention.

     The footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 11bis

     None of the offences referred to in articles 3, 3bis, 3ter and 3guater shall be considered for the purposes of extradition or mutual legal assistance as a political offence or an offence related to a political offence or an offence motivated by political motives. Therefore, a request for extradition or mutual legal assistance related to such a crime cannot be rejected solely on the grounds that it concerns a political crime or a crime related to a political crime or a crime motivated by political motives.

     The footnote. The Convention is supplemented by Article 11bis in accordance with the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 11ter

     Nothing in this Convention shall be interpreted as imposing an obligation to extradite a person or provide mutual assistance if the requested State Party has reasonable grounds to believe that a request for extradition in connection with the offences referred to in articles 3, 3bis, 3ter and 3guater, or for mutual legal assistance in respect of such offences, has the purpose of the prosecution or punishment of this person on the basis of his race, religion, nationality, ethnic origin, of political opinion or gender, or that granting this request would prejudice that person's position for any of these reasons.

     The footnote. The Convention is supplemented by Article 11ter in accordance with the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 12

     1. The Participating States shall provide each other with maximum assistance in connection with criminal proceedings initiated in respect of the offences referred to in articles 3, 3bis, 3ter and 3guater, including assistance in obtaining evidence in their possession necessary for the proceedings.

     2. States Parties shall implement their obligations under paragraph 1 in accordance with any mutual legal assistance treaties that may exist between them. In the absence of such agreements, the participating States shall provide assistance to each other in accordance with their national legislation.

     The footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 12bis

     1. A person who is in custody or serving a term of imprisonment in one State Party and whose presence in another State Party is required for the purposes of identification, testimony or other assistance in obtaining evidence for the investigation or prosecution of offences referred to in articles 3, 3bis, 3ter and 3guater, can be transferred subject to the following conditions;

     a) this person freely gives his consent on the basis of full information; and

     (b) The competent authorities of both States have reached an agreement on such terms as those States may deem acceptable.

     2. For the purposes of this article:

     (a) The State to which the person is being transferred has the right and obligation to detain the transferred person, unless the State that transferred the person has requested otherwise or authorized otherwise;

     (b) The State to which the person has been transferred shall comply without delay with its obligation to return the person to the custody of the State that previously transferred the person, as agreed in advance or as otherwise agreed by the competent authorities of both States.;

     (c) The State to which the person has been transferred should not require the State that transferred the person to initiate extradition proceedings for his return;

     (d) The transferred person's term of imprisonment in the State from which he was transferred shall be credited to the period of detention in the State to which he was transferred.

     3. Without the consent of the State Party from which a person is to be transferred in accordance with this article, that person, regardless of his nationality, shall not be subject to prosecution or detention and may not be subjected to any other restriction on his personal freedom in the territory of the State to which the person is transferred, in particular in connection with the actions or sentences imposed on him before his departure from the territory of the State from which he was transferred.

     The footnote. The Convention is supplemented by Article 12bis in accordance with the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 13

     1. The Participating States shall cooperate in the prevention of the offences referred to in articles 3, 3bis, 3ter and 3guater, in particular by:

     (a) Taking all practicable measures to prevent preparations in their respective territories for the commission of these crimes within or outside their territories;

     (b) The exchange of information in accordance with their national legislation and the coordination of administrative and other measures taken, where necessary, to prevent the commission of offences referred to in articles 3, 3bis, 3ter and 3guater.

2. When, as a result of the commission of any offence referred to in articles 3, 3bis, 3ter and 3guater, the voyage of a ship is delayed or interrupted, any State Party in whose territory the ship, passengers or crew are located shall make every possible effort to avoid unjustifiably detaining or delaying the ship, its passengers, crew or cargo.

     The footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 14

     Any State Party that has reason to believe that an offence referred to in articles 3, 3bis, 3ter and 3guater will be committed shall, in accordance with its national law, provide as soon as possible any relevant information in its possession to those States that, in its opinion, are States that have established jurisdiction. in accordance with article 6.

     The footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 15

      1. Each State Party, in accordance with its national legislation, shall communicate to the Secretary-General as soon as possible any information at its disposal concerning:  

      a) the circumstances of the crime;  

      (b) Actions taken in accordance with paragraph 2 of article 13;  

      (c) The measures taken against the perpetrator or the alleged  

      the perpetrator, and in particular the results of any extradition or other legal action.  

      2. The State Party in whose territory the alleged offender is being prosecuted shall, in accordance with its national legislation, inform the Secretary-General of the final outcome of the proceedings.  

     3. Information transmitted in accordance with paragraphs 1 and 2 shall be communicated by the Secretary-General to all States Parties, Members of the Organization, other interested States and relevant international intergovernmental organizations.

     The footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 16

      1. Any dispute between two or more States Parties  

      A dispute concerning the interpretation or application of this Convention that cannot be settled through negotiation within a reasonable period of time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of arbitration, at the request of either of these parties, the dispute may be referred to the International Court of Justice in accordance with the Status of the Court.  

      2. Each State may, at the time of signing, ratifying, accepting, approving or acceding to this Convention, declare that it does not consider itself bound by any provision or all of the provisions of paragraph 1. Other States Parties will not be bound by such provisions in respect of any State Party that has made such a reservation.  

     3. Any State that has made a reservation in accordance with paragraph 2 may at any time withdraw that reservation by notification to the Secretary-General.

Article 16bis

Final articles of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005

     The final articles of the 2005 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation are articles 17-24 of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. References in this Convention to States Parties shall be considered as meaning references to States Parties to this Protocol.

     The footnote. The Convention is supplemented by Article 16bis in accordance with the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.  

Article 17

      1. This Convention shall be open for signature in Rome on 10 March 1988 by the States participating in the International Conference for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and at the headquarters of the Organization by all States from 14 March 1988 to 9 March 1989. After that, the Convention remains open for accession.  

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

      (a) Signature without reservation as to ratification, acceptance or approval; or  

      (b) Signatures subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or  

      c) accessions.  

      3. Ratification, acceptance, approval or accession shall be effected by the deposit of an appropriate instrument.  

      To the Secretary General.  

Article 18

      1. This Convention shall enter into force ninety days after the date on which fifteen States have either signed it without reservation as to ratification, acceptance or approval, or have deposited the relevant instruments of ratification, acceptance, approval or accession.  

      2. For a State which has deposited an instrument of ratification, acceptance, approval or accession to this Convention after the conditions necessary for the entry into force of the Convention have been fulfilled, the ratification, acceptance, approval or accession shall enter into force ninety days after the date of such deposit.  

Article 19

      1. This Convention may be denounced by any State Party at any time after one year from the date of entry into force of this Convention for that State.  

      2. Denunciation shall be effected by depositing an instrument of denunciation with the Secretary-General.  

      3. The denunciation shall take effect one year after the date of receipt by the Secretary-General of the instrument of denunciation or after such longer period as may be specified in the instrument of denunciation.  

Article 20

      1. The Organization may convene a conference for the purpose of revising or amending this Convention.  

      2. The Secretary-General shall convene, at the request of one third of the  

      of the States Parties or ten States Parties, whichever is the largest, to a Conference of the States Parties to this Convention for the purpose of revising or amending the Convention.  

      3. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Convention shall be considered as relating to the Convention as amended.  

Article 21

      1. This Convention shall be deposited with the Secretary-General.  

      2. The General Secretary:  

      (a) Inform all States that have signed or acceded to this Convention, as well as all Members of the Organization, of:  

      (i) Each new signature of the Convention or deposit of an instrument of ratification, acceptance, approval or accession, indicating their date;  

      (ii) The date of entry into force of this Convention;  

      (iii) The deposit of any instrument of denunciation of this Convention, indicating the date of its receipt and the date on which the denunciation takes effect;  

      (iv) Receipt of any declaration or notification made in accordance with this Convention;  

      (b) Transmit certified copies of the original text of this Convention to all States that have signed or acceded to the Convention.  

      3. As soon as this Convention enters into force, a certified copy of its original text shall be transmitted by the depositary 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 22

      This Convention has been drawn up in a single original in Arabic, Chinese, English, French, Russian and Spanish, all texts being equally authentic.  

      In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention.  

      Done at Rome, this tenth day of March, one thousand nine hundred and eighty  

     the eighth year.

application

      The footnote. The Convention has been supplemented by an annex in accordance with the Law of the Republic of Kazakhstan dated 15.03.2018 No. 145-VI.

     1. Convention for the Suppression of Unlawful Seizure of Aircraft, adopted in The Hague on December 16, 1970.

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

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

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

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

     6. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementing the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, adopted in Montreal on February 24, 1988.

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

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

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

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 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,  

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

      Having regard to the provisions of this Convention,  

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

      have agreed on the following:  

Article 1

      1. The provisions of paragraphs 1 (c), (d), (e), (f), (g), (h) and 2 (a) of article 1, as well as articles 2bis, 5, 5bis and 7 and articles 10-16, including articles 11 bis, 11ter and 12bis of the Convention for the Suppression of Unlawful Acts against the Safety of the Marine As amended by the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, the offences referred to in articles 2, 2bis and 2ter of this Protocol shall also apply mutatis mutandis when such offences are committed on board or against fixed platforms., located on the continental shelf.

      2. In cases where this Protocol does not apply in accordance with paragraph 1, it nevertheless applies if the offender or the alleged offender is located in the territory of a State Party other than (the State) in whose internal waters or territorial sea the fixed platform is located.  

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

     The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 03/15/2016 No. 473-V.  

Article 2

      1. Any person commits a crime if he unlawfully and intentionally:  

      (a) Seizes or controls a fixed platform by force or threat of force or by any other form of intimidation; or  

      (b) Commits an act of violence against a person on a stationary platform if such act could endanger its safety; or  

      (c) Destroys or causes damage to a fixed platform that could endanger its safety; or  

     d) places or commits acts for the purpose of placing on a stationary platform in any way a device or substance that may destroy this stationary platform or endanger its safety.

      f) excluded by the Law of the Republic of Kazakhstan dated 03/15/2016 No. 473-V.

     2. Any person also commits an offence if he threatens, with or without condition, as provided for by national legislation, in order to compel a natural or legal person to commit or refrain from any act, to commit any of the offences referred to in subparagraphs (b) and (c) of paragraph 1, if this threat may pose a danger to the stationary platform.

     The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 03/15/2016 No. 473-V.  

Article 2bis

     Any person commits an offence within the meaning of this Protocol if it is unlawful and intentional, when the purpose of this act, by its nature or content, is to intimidate a population or compel a Government or an international organization to commit or refrain from any action.:

     (a) Uses any explosive substance, radioactive material or weapon against or on a stationary platform or drops it from a stationary platform in a manner that causes or is likely to cause death or serious bodily injury or damage; or

     (b) Dumps oil, liquefied natural gas or other dangerous or harmful substance not mentioned in subparagraph (a) from a stationary platform in such quantity or concentration that it causes or is likely to cause death or serious bodily injury or damage; or

     (c) Threatens, with or without condition, as provided for by national law, to commit the offence referred to in subparagraph (a) or (b).

     The footnote. The Protocol is supplemented by Article 2bis in accordance with the Law of the Republic of Kazakhstan dated 03/15/2016 No. 473-V.  

Article 2ter

     Any person also commits an offence within the meaning of this Protocol if he:

      (a) Unlawfully and intentionally injures or kills a person in connection with the commission of any of the offences referred to in article 2, paragraph 1, or article 2bis; or

      (b) Attempts to commit an offence referred to in paragraph 1 of article 2, subparagraph (a) or (b) of article 2bis, or subparagraph (a) of this article; or

      (c) Participates as an accomplice in the commission of an offence referred to in article 2, article 2bis or in subparagraph (a) or (b) of this article; or

      (d) Organizes or directs other persons to commit an offence referred to in article 2, article 2bis or subparagraph (a) or (b) of this article; or

      (e) Contributes to the commission of one or more of the offences referred to 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:

      (i) For the purpose of supporting the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence referred to in article 2 or 2bis; or

      (ii) With the knowledge of the intent of the group to commit the offence referred to in article 2 or 2bis.

     The footnote. The Protocol is supplemented by Article 2ter in accordance with the Law of the Republic of Kazakhstan dated 03/15/2016 No. 473-V.  

Article 3

      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 when it is located on the continental shelf of that State; or

     b) a national of that State.

      2. A State Party may also establish its jurisdiction over any such offence when:  

      a) it is committed by a stateless person who habitually resides in that State; or  

      (b) During its commission, a national of that State has been captured, threatened, injured or killed; or  

      (c) It is committed in an attempt to compel the State concerned to commit or refrain from any action.  

     3. Any State Party that has established the jurisdiction referred to in paragraph 2 shall notify the Secretary-General accordingly. If such a State Party subsequently renounces such jurisdiction, it shall notify the Secretary-General accordingly.

      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 him to any of the States Parties that have established their jurisdiction in accordance with paragraphs 1 and 2.

      5. This Protocol does not exclude any criminal jurisdiction exercised in accordance with national legislation.  

     The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 03/15/2016 No. 473-V.  

Article 4

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

Article 5

      1. This Protocol shall be open for signature in Rome on 10 March 1988 and at the headquarters of the International Maritime Organization (hereinafter referred to as "the Organization") from 14 March 1988 to 9 March 1989 by any signatory State. After that, the Protocol remains open for accession.  

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

      (a) Signature without reservation as to ratification, acceptance or approval; or  

      (b) Signatures subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or  

      c) accessions.  

      3. Ratification, acceptance, approval or accession shall be effected by the deposit of an appropriate instrument with the Secretary-General.  

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

Article 6

      1. This Protocol shall enter into force ninety days after the date on which three States have either signed it without reservation as to ratification, acceptance or approval, or have deposited the relevant instruments of ratification, acceptance, approval or accession. However, this Protocol shall not enter into force until the Convention enters into force.  

      2. For a State that has deposited an instrument of ratification, acceptance, approval of this Protocol or (accession) thereto after meeting the conditions necessary for the Protocol to enter into force, ratification, acceptance, approval or accession shall enter into force ninety days after the date of such deposit.  

Article 7

      1. This Protocol may be denounced by any State Party at any time after one year from the date of entry into force of this Protocol for that State.  

      2. Denunciation shall be effected by depositing an instrument of denunciation with the Secretary-General.  

      3. The denunciation shall take effect one year after the date of receipt by the Secretary-General of the instrument of denunciation or after such longer period as may be specified in the instrument of denunciation.  

4. Denunciation of the Convention by a State Party shall be considered as denunciation of this Protocol by that Party.  

Article 8

      1. The Organization may convene a conference for the purpose of revising or amending this Protocol.  

      2. The Secretary-General shall convene, at the request of one third of the States Parties or five States Parties, whichever is the largest, a conference of States-  

      the Parties to this Protocol for the purpose of revising or amending the Protocol.  

      3. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of amendments to this Protocol shall be considered as relating to the Protocol as amended.  

Article 9

      1. This Protocol shall be deposited with the Secretary-General.  

      2. The General Secretary:  

      (a) Inform all States that have signed or acceded to this Protocol, as well as all Members of the Organization, of:  

      i) each new signature of the Protocol (or) deposit of an instrument of ratification, acceptance, approval or accession, indicating their date;  

      (ii) The date of entry into force of this Protocol;  

      (iii) The deposit of any instrument of denunciation of this Protocol, indicating the date of its receipt and the date on which the denunciation takes effect;  

      (iv) Receipt of any declaration or notification made under this Protocol or the Convention and relating to this Protocol;  

      (b) Transmit certified copies of the original text of this Protocol to all States that have signed or acceded to the Protocol.  

      3. As soon as this Protocol enters into force, a certified copy of its original text shall be transmitted by the depositary 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 10

      This Protocol has been drawn up in a single original in Arabic, Chinese, English, French, Russian and Spanish, all texts being equally authentic.  

      In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed  

      this Protocol.  

      Done at Rome, this tenth day of March, one thousand nine hundred and eighty-eight.  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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