1 | Ratificatie door Letland onder de volgende verklaring: Pursuant to the provisions of Article 8bis, paragraph 15 of the Protocol, the Republic of Latvia notifies that the authority to receive and respond to requests for assistance is:
Naval Forces Coast Guard Service of the National Armed Forces of the Pursuant to the provisions of Article 8bis, paragraph 15 of the Protocol, the Republic of Latvia further notifies that the authorities to receive and respond to requests for confirmation
of nationality and for authorization to take appropriate measures within the scope of their competence are:
Prosecutor General's Office E-mail: webmaster@lrp.gov.lv |
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2 | Ratificatie door het Koninkrijk der Nederlanden onder de volgende verklaring: The Kingdom of the Netherlands declares that it will apply the provisions of article 3ter of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, in accordance with
the principles of its criminal law concerning family exemptions of liability.
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3 | Ratificatie door Zwitserland onder de volgende verklaring: Switzerland declares that article 2bis of the SUA Convention, as contained in the Protocol of 14 October 2005 must not be interpreted as excusing or rendering lawful
any acts in other respects unlawful or as excluding the bringing of an action under other legislation.
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4 | Ratificatie door Zweden onder de volgende verklaring: In accordance with article 21.3 of the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
Sweden will apply article 3ter of the Convention in accordance with the principles of Swedish criminal law concerning family exemptions of liability.
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5 | Ratificatie door de Verenigde Staten van Amerika onder de volgende verklaring: Consistent with article 16(2) of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, the United States
of America declares that it does not consider itself bound by article 16(1) of the Convention with respect to disputes concerning the interpretation or application of the 2005 SUA Protocol.
- 1)
The United States of America understands that the term ‘armed conflict’ in article 3 of the 2005 SUA Protocol (which adds, inter alia, paragraph 2 of article 2bis to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation) does not include internal
disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature.
- 2)
The United States of America understands that the term ‘international humanitarian law,’ in article 3 of the 2005 SUA Protocol (which adds, inter alia, paragraph 1 and 2 of article 2bis to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation) has the same substantive
meaning as the ‘law of war.’
- 3)
The United States of America understands that, pursuant to article 3 of the 2005 SUA Protocol (which adds, inter alia, paragraph 2 of article 2bis to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation), the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 2005, does not apply to: (a) the military forces of a State, which are the armed forces of a State organized, trained, and equipped
under its internal law for the primary purpose of national defence or security, in the exercise of their official duties;
(b) civilians who direct or organize the official activities of military forces of a State; or (c) civilians acting in support
of the official activities of the military forces of a State, if the civilians are under the formal command, control, and
responsibility of those forces.
- 4)
The United States of America understands that: - A.
Article 3 and article 4(5) of the 2005 SUA Protocol (which add, inter alia, article 2bis(3) and article 3bis(2), respectively, to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (together
referred to as "the NPT savings clauses")) protect from criminal sanction under the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, the transport of source material, special fissionable material, or equipment or material especially designed or prepared
for the processing, use, or production of special fissionable material:
- (i)
from the territory of, or otherwise under the control of, a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons (‘NPT’) to the territory of, or otherwise under the control of, another NPT State Party or a State that is not an NPT party;
and
- (ii)
from the territory of, or otherwise under the control of, a state that is not an NPT party to the territory of, or otherwise
under the control of, an NPT State Party, where the resulting transfer or receipt of such items or materials is not contrary
to the NPT obligations of the NPT State Party.
- B.
- (i)
Transport of source material or special fissionable material (from either an NPT State Party or a State that is not an NPT
party) to an NPT nuclear-weapon State Party, as that term is defined in the NPT, regardless of whether the source material or special fissionable material will be under safeguards in the NPT nuclear-weapon
State Party, because the resulting receipt of the material is not contrary to the NPT obligations of the nuclear-weapon State
Party;
- (ii)
Transport of source material or special fissionable material to a non-nuclear-weapon State Party, as such term is used in
the NPT, for non-nuclear use without safeguards, in accordance with the provisions of the recipient country's IAEA comprehensive
safeguards agreement allowing for exemption of the source material or special fissionable material from safeguards or the
non-application or termination of safeguards (e.g. for specified de minimis amounts, or for use in a non-proscribed military
activity which does not require the application of IAEA safeguards or in a non-nuclear use such as the production of alloys
or ceramics);
- (iii)
Transport of source material or special fissionable material or especially designed or prepared equipment, as described in
article 4(5) of the 2005 SUA Protocol (which adds article 3bis(1) (b) (iii) to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation), from an NPT
State Party to a State that is not an NPT party, so long as the relevant material is for peaceful purposes and placed under
IAEA safeguards, consistent with the NPT State Party's obligations under article III.2 of the NPT. If the source or special fissionable material transferred for peaceful purposes is subject to an IAEA safeguards
agreement but is not required by that agreement actually to be under safeguards (e.g. under an exemption for de minimis amounts
or a provision permitting safeguards termination for non-nuclear use), the transport would not constitute an offense under
article 3bis(1) (b) (iii) of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,
2005.
- 5)
The United States of America understands that current United States law with respect to the rights of persons in custody and
persons charged with crimes fulfills the requirement in article 9 of the 2005 SUA Protocol and, accordingly, the United States does not intend to enact new legislation to fulfill its obligations
under this article.
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6 | Toetreding door Duitsland onder de volgende verklaring: In accordance with Article 21, paragraph 3 of the Protocol, the Federal Republic of Germany declares that it will apply the provisions of Article 3ter in accordance with the principles of German criminal law concerning family exemptions of liability.
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7 | Toepasselijkverklaring door Nieuw-Zeeland voor Tokelau-eilanden vanaf 27-05-2018. |
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8 | Ratificatie door Frankrijk onder de volgende verklaring: - 1.
Concerning article 4, paragraph 4 of the Protocol replacing article 3, paragraph 2 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, the French Republic understands
‘threatens’/’threat’ to mean a threat [Fr. menace] such as it is defined in the conditions provided for by French criminal
legislation.
- 2.
Concerning article 4, paragraph 7 of the Protocol, which inserts an article 3quater in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, the French Republic understands
‘attempts to commit an offence’, ‘participates as an accomplice in an offence’ and ‘organizes [the commission of] an offence’
to mean an attempt [Fr. tentative] and participation as an accomplice [Fr. complicité] such as they are defined in the conditions
provided for by French criminal legislation.
- 3.
Concerning article 4, paragraph 6 of the Protocol, which inserts an article 3ter in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, the French Republic reserves
the right not to establish as a criminal offence the fact of unlawfully and intentionally transporting another person on board
a ship knowing that the person has committed an act that constitutes an offence set forth in article 3, 3bis or 3quater or an offence set forth in any treaty listed in the annex, and intending to assist that person in evading criminal prosecution,
where the said person has committed an offence that constitutes a minor offence [Fr. contravention], a misdemeanour [Fr. délit]
or an act of terrorism punishable by less than 10 years' imprisonment. In accordance with article 21, paragraph 3 of the Protocol, the French Republic will apply article 3ter of the Convention in accordance with the principles of French criminal law concerning family exemptions of liability.
- 4.
The French Republic does not consider itself bound by the provisions of article 16, paragraph 1 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, as revised by the present
Protocol, according to which ‘Any dispute between two or more States Parties concerning the interpretation or application
of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them,
be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to
agree on the organization of the arbitration any one of those parties may refer the dispute to the International Court of
Justice by request in conformity with the Statute of the Court.
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9 | Ratificatie door Denemarken onder de volgende verklaring: Denmark declares the Protocol will not apply to the Faroe Islands and Greenland until further notice. |
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10 | Ratificatie door Finland onder de volgende verklaring: In accordance with article 21, paragraph 3 of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, Finland
declares that it will apply the provisions of article 3ter of the Convention, as amended by the 2005 Protocol, in accordance with the principles of its criminal law concerning family
exemptions of liability.
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