Declarations and Reservations (Unless otherwise indicated, the declarations and reservations were made
upon ratification, acceptance, approval or accession.)
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Algeria
Reservations:
The Government of the Algerian People's Democratic Republic does not consider itself bound by the provisions of article 20, paragraph 2, of this Protocol, which provides that any dispute between two or more States concerning the interpretation or application of the said Protocol that cannot be settled through negotiation shall, at the request of one of those States, be submitted to arbitration or referred to the International Court of Justice.
The Government of the Algerian People's Democratic Republic believes that any dispute of this kind can only be submitted to arbitration or referred to the International Court of Justice with the consent of all parties to the dispute.
Declarations: Ratification of this Protocol by the Algerian People's Democratic Republic in no way signifies recognition of Israel.
Such ratification cannot be construed as leading to the establishment of any kind of relations with Israel.
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Azerbaijan
Declaration:
"The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation."
Reservation: "In accordance with paragraph 3 of Article 20 of the Protocol, the Republic of Azerbaijan declares that it does not consider itself bound by paragraph 2 of Article 20."
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Bahrain
Reservation:
"... the Kingdom of Bahrain does not consider itself bound by paragraph 2 of article 20 of the Protocol against the Smuggling of Migrants by Land, Sea and Air."
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Belgium
Upon signature:
Declaration: The French, Flemish and German-speaking Communities and the Regions of Wallonia, Flanders and Brussels-Capital are also bound by this signature.
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Ecuador
Declaration and reservation:
With regard to the Protocol against the Smuggling of Migrants by Land, Sea and Air, the Government of Ecuador declares that migrants are the victims of illicit trafficking in persons on the part of criminal organizations whose only goal is unjust and undue enrichment at the expense of persons wishing to perform honest work abroad.
The provisions of the Protocol must be understood in conjunction with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly of the United Nations in 1990, and with current international instruments on human rights.
Exercising the powers referred to in article 20, paragraph 3, of the Protocol against the Smuggling of Migrants by Land, Sea and Air, the Government of Ecuador makes a reservation with regard to article 20, paragraph 2, relating to the settlement of disputes.
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El Salvador
Upon signature:
Reservation: The Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of article 20, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice. With regard to article 9, paragraph 2, it hereby declares that only in the event of the revision of criminal judgements shall the State, in keeping with its domestic legislation, by law compensate the victims of judicial errors that have been duly proved. With regard to article 18, it states that the return of smuggled migrants shall take place to the extent possible and within the means of the State.
Upon ratification:
Reservation: With regard to article 20, paragraph 3, the Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of this article, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.
Declarations: With regard to article 9, paragraph 2, it hereby declares that only in the event of the revision of criminal judgements shall the State, in keeping with its domestic legislation, by law compensate the victims of judicial errors that have been duly proved.
With regard to article 18, it states that the return of smuggled migrants shall take place to the extent possible and within the means of the State.
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European Community
Declaration:
"Article 21 (3) of the Protocol provides that the instrument of accession of a regional economic integration organisation shall contain a declaration specifying the matters governed by the Protocol in respect of which competence has been transferred to the organisation by its Member States which are Parties to the Protocol.
The Protocol against the smuggling of migrants by land, air and sea shall apply, with regard to the competences transferred to the European Community, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, in particular Article 299 thereof and the Protocols annexed to it.
This declaration is without prejudice to the position of the United Kingdom and Ireland under the Protocol integrating the Schengen acquis into the framework of the European Union and under the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and the Treaty establishing the European Community.
This declaration is equally without prejudice to the position of Denmark under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community.
Pursuant to Article 299, this declaration is also not applicable to the territories of the Member States in which the said Treaty does not apply and is without prejudice to such acts or positions as may be adopted under the Protocol by the Member States concerned on behalf of and in the interests of those territories. In accordance with the provision referred to above, this declaration indicates the competence that the Member States have transferred to the Community under the Treaties in matters governed by the Protocol. The scope and the exercise of such Community competence are, by their nature, subject to continuous development as the Community further adopts relevant rules and regulations, and the Community will complete or amend this declaration, if necessary, in accordance with Article 21 (3) of the Protocol.
The Community points out that it has competence with regard to the crossing of external borders of the Member States, regulating standards and procedures when carrying out checks on persons at such borders and rules on visas for intended stays of no more than three months. The Community is also competent for measures on immigration policy regarding conditions of entry and residence and measures to counter illegal immigration and illegal residence, including repatriation of illegal residents. Moreover, it can take measures to ensure cooperation between the relevant departments of the administrations of the Member States, as well as between those departments and the Commission, in the aforementioned areas. In these fields the Community has adopted rules and regulations and, where it has done so, it is hence solely for the Community to enter into external undertakings with third States or competent international organisations.
In addition, Community policy in the sphere of development cooperation complements policies pursued by Member States and includes provisions to prevent and combat smuggling of migrants."
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Lao People's Democratic Republic
Reservation:
"In accordance with paragraph 3, Article 20 of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention Against Transnational Organized Crime, the Lao People's Democratic Republic does not consider itself bound by paragraph 2, Article 20 of the present Protocol. The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Protocol to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute is necessary."
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Lithuania
Reservation:
"AND WHEREAS, it is provided in paragraph 3 of Article 20 of the Protocol, the Republic of Lithuania would like to declare that it does not consider itself bound by paragraph 2 of Article 20, which provides that any State Party may refer any dispute concerning the interpretation or application of the said Protocol to the International Court of Justice."
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Malawi
Declarations:
"The Government of the Republic of Malawi in its efforts to curb and stamp out offences related to trafficking in persons especially women and children has embarked upon various social and legal reforms to incorporate obligations emanating from this Protocol;
Further, expressly declares its acceptance of Article 20 (2) on settlement of disputes concerning interpretation and application of this Protocol in consonant with Article 20 (3)."
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Moldova
Reservation and declaration :
In accordance with paragraph 3 of article 20 of the Protocol, the Republic of Moldova does not consider itself bound by provisions of the paragraph 2 of article 20 of the Protocol.
Until the full establishment of the territorial integrity of the Republic of Moldova, the provisions of the Protocol will be applied only on the territory controlled by the authorities of the Republic of Moldova.
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Myanmar
Reservation:
"The Government of the Union of Myanmar wishes to express reservation on Article 20 and does not consider itself bound by obligations to refer disputes relating to the interpretation or application of this Protocol to the International Court of Justice."
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Saudi Arabia
Upon signature:
Declaration and reservation: The Kingdom of Saudi Arabia is not a party to the 1951 U.N. Convention or to the 1967 Protocol, dealing with the status of refugees.
The Kingdom of Saudi Arabia does not consider itself bound by paragraph 2 of Article 20 of the Protocol Against the Smuggling of Migrants by Land, Sea and Air.
Reservation upon ratification: ... the Government of the Kingdom of Saudi Arabia does not consider itself obligated to paragraph 2 of article [20] of the Protocol.
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South Africa
Reservation:
"AND WHEREAS pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of Article 20 (2) of the Protocol which provides for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Protocol. The Republic will adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case."
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Tunisia
Reservation:
In ratifying the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, adopted by the General Assembly of the United Nations on 15 November 2000, declares that it does not consider itself bound by article 20, paragraph 2, of the Protocol and affirms that disputes concerning the interpretation or application of the Protocol may be referred to the International Court of Justice only after it has given its prior consent.
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United States of America
Reservation:
"(1) The United States of America criminalizes most but not all forms of attempts to commit the offenses established in accordance with Article 6, paragraph 1 of this Protocol. With respect to the obligation under Article 6, Paragraph 2 (a), the United States of America reserves the right to criminalize attempts to commit the conduct described in Article 6, paragraph 1 (b), to the extent that under its laws such conduct relates to false or fraudulent passports and other specified identity documents, constitutes fraud or the making of a false statement, or constitutes attempted use of a false or fraudulent visa.
(2) In accordance with Article 20, paragraph 3, the United States of America declares that it does not consider itself bound by the obligation set forth in Article 20, paragraph 2.".
Understanding: "The United States of America understands the obligation to establish the offenses in the Protocol as money laundering predicate offenses, in light of Article 6, paragraph 2 (b) of the United Nations Convention Against Transnational Organized Crime, as requiring States Parties whose money laundering legislation sets forth a list of specific predicate offenses to include in such list a comprehensive range of offenses associated with smuggling of migrants."
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Venezuela (Bolivarian Republic of)
Reservation:
The Bolivarian Republic of Venezuela, in accordance with the provision of article 20 (3) of the Protocol against Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime, formulates a reservation with respect to the provision established under paragraph 2 of the said article. Consequently, it does not consider itself obligated to refer to arbitration as a means of settlement of disputes, nor does it recognize the compulsory jurisdiction of the International Court of Justice.
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Notifications made under article 8 (6) (Unless otherwise indicated, the declarations and reservations were made
upon ratification, acceptance, approval or accession.)
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Azerbaijan
"In accordance with paragraph 6 of Article 8 of the Protocol, the Republic of Azerbaijan declares that the Ministry of Transport is designated as an authority to receive and respond to requests for assistance, for conformation of registry or of the right of a vessel to fly its flag and for authorization to take appropriate measures."
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Belgium
In accordance with article 8, paragraph 6 of the supplementary Protocol, the Federal Department of the Interior, rue de Louvain 3, 1000 Brussels (for the coastline, the Maritime coordination and rescue centre) has been designated as the authority.
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Denmark
"Authorization granted by a Danish authority pursuant to Article 8 denotes only that Denmark will abstain from pleading infringement of Danish sovereignty in connection with the requesting State's boarding of a vessel. Danish authorities cannot authorize another state to take legal action on behalf of the Kingdom of Denmark."
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Finland
"In Finland the authorities responsible for suppressing the use of vessels for smuggling of migrants by sea are the Border Guard and the National Bureau of Investigation. The authority responsible for responding to a request concerning confirmation of registry or the right of a vessel to fly the flag is the Finnish Maritime Administration."
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Germany
Germany designates the
Bundesamt für Seeschiffahrt und Hydrographie
[Federal Maritime and Hydrographic Agency]
Bernhard-Nocht-Str. 78
D-20359 Hamburg
Tel. :+49 (0) 40-31900
Fax: +49 (0) 40-31905000
as the responsible authority under Article 8, paragraph 6 of the Protocol.
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Guatemala
2 July 2007
Notification under article 8 (6) of the Protocol:
In accordance with article 8, paragraph 6 of the Protocol, the Government of the Republic of Guatemala has designated the judiciary and the Public Prosecutor's Office as the central authorities for the receipt of requests for mutual legal assistance, with the power either to execute them or to transmit them to the competent authorities for execution.
In addition to the central authorities referred to above, the Government of the Republic of Guatemala has designated the Ministry of Defence, through the Navy, as the authority to receive and respond to requests for assistance, for confirmation of registry or of the right of a vessel to fly the Guatemalan flag and for authorization to take appropriate measures.
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Latvia
"In accordance with article 8, paragraph 6 of the Protocol against Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime, the Republic of Latvia designates the following national authorities to receive and respond to requests for assistance, for confirmation of registry or of the right of a vessel to fly its flag and for authorization to take appropriate measures:
Ministry of Interior
Raina blvd. 6,
Riga, LV-1050
Latvia
Phone; +371 7219263
Fax: +371 7271005
E-mail:
kanceleja@iem.gov.lv
Homepage:
http://www.iem.gov.lv
Ministry of Transport
Gogola iela 3,
Riga, LV-1743
Latvia
Phone: +371 7226922
Fax: +371 7217180
E-mail:
satmin@sam.gov.lv
Homepage:
http://www.iem.gov.lv"
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Malawi
"The Competent Authority charged with the responsibility of coordinating and the rendering of mutual legal assistance is:
The Principal Secretary
Ministry of Home Affairs and Internal Security
Private Bag 331, Lilongwe 3. MALAWI
Fax: 265 1 789509 Tel: 265 1 789 177
The Official Language of communication is English."
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Moldova
In accordance with paragraph 6 of article 8 of the Protocol, the Ministry of Transportation and Communication is designated as a central authority responsible for receiving the requests of legal assistance referred to in this article.
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Netherlands
18 January 2007
"The central authority of the Kingdom of the Netherlands, for the Kingdom in Europe is:
Ministry of Justice
Department of International Legal Assistance in Criminal Matters
P.O. Box 20301
2500, EH The Hague
The Netherlands"
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Panama
13 December 2004
..... in accordance with article 8 (6), the Republic of Panama has designated the Maritime Authority of Panama as the authority to receive and respond to requests for assistance and for confirmation of registry or of the right of a vessel to fly its flag.
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Romania
"In accordance with Article 8 paragraph 6 of the supplementing Protocol against the Smuggling of Migrants by Land, Sea and Air, the Romanian central authority designated to receive the requests for assistance is the Ministry of Public Works, Transports and Housing (Blvd. Dinicu Golescu nr. 38, sector 1 Bucuresti, tel. 223 29 81/fax,223 0272)."
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South Africa
"AND WHEREAS the Secretary-General is hereby notified, in accordance with Article 8 (6) of the Protocol, that the Director-General of the Department of Transport has been designated as the authority to receive and respond to requests for assistance in terms of the Protocol."
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Sweden
"Pursuant to Article 8 (6) of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, Sweden designates the Ministry of Justice, as central authority to receive and respond to requests for assistance referred to in this article.
Furthermore, the Swedish Coast Guard is a designated authority to respond to requests of the right of a vessel to fly a Swedish flag. Such requests should be addressed to:
NCC (National Contact Centre) Sweden at Coast Guard HQ
P.O.Box 536
S-371 23 KARLSKRONA
Sweden
Phone: + 46 455 35 35 35 (24 hours)
Fax: + 46 455 812 75 (24 hours)
E-mail:ncc.sweden@coastguard.se (24 hours)."
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Switzerland
11 October 2007
Pursuant to article 8, paragraph 6, of this Protocol, the following authority has been designated by Switzerland to receive and respond to requests for assistance, for confirmation of registry or of the right of a vessel to fly its flag and for authorization to take appropriate measures:
Swiss Maritime Navigation Office
Nauenstrasse 49 4002 Basel
Tel.: +41 61 270 91 20.
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United Kingdom of Great Britain and Northern Ireland
10 April 2006
"The United Kingdom has the honour to designate the Director of Detection at Her Majesty's Revenue and Customs as the authority for the purposes of paragraph 6 of article 8 of the above-mentioned Protocol. Communications should be addressed as follows:
Director of Detection
Her Majesty's Revenue and Customs
Customs House
20 Lower Thames Street
London EC3R 6EE
Tel No: +44 (0) 870 785 3841 (office hours)
+44 (0) 870 785 3600 (24 hours)
Fax No: +44 (0) 870 240 3738 (24 hours)
(Office house 08:00 - 18:00 GMT:0:language English)
* Please note that requests in languages other than English must be accompanied by a translation in English. Please provide a name; telephone number; fax number; status and requesting authority. Please also provide details of the name of port; registry type; description of vessel; vessel port; last port of call; intended destination; persons on board; nationality (ies); details of reasons for suspicion and intended action."
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United Republic of Tanzania
23 June 2006
".....the notification of the designation of the necessary authority or authorities to receive and respond to request for assistance, for confirmation of registry or of the right of a vessel to fly its flag and for authorization to take appropriate measures under article 8 (6) of the Protocol:
Ministry of Foreign Affairs and International Cooperation P.O. Box 9000
Dar es Salaam, Tanzania.
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United States of America
"Pursuant to Article 8, paragraph 6 of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, I request that you notify the other States concerned with the Protocol that the Operations Center, U.S. Department of State, is designated as the United States authority to receive and respond to requests made under the above-referenced provision of the Protocol."
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End Note
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1.With a territorial exclusion in respect of the Faroe Islands and Greenland.
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2.See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
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3.For the Kingdom in Europe.
Further, on 18 January 2007, the Kingom of the Netherlands informed the Secretary-General that the Protocol would apply to Aruba with the following :
In accordance with article 8, paragraph 6, of the Convention the central authority of Aruba is:
The Procurator-General of Aruba
Havenstraat 2,
Oranjestad
Aruba
Tel: (297) 582 1415
Fax: (297) 583 8891
om.aruba@setarnet.aw
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4.With the following territorial exclusion:
".....consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory....."
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