Partijen en gegevens

Reservation:

The Government of the Algerian People's Democratie Republic does not consider itself bound by the provisions of article 15, 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.

Declaration:

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.

The Government of the State of Israel has noted that the instrument of ratification of the Algerian People's Republic of the abovenmentioned Protocol which appears in the Depository Notification Ref. C.N.225.2004.TREATIES-3 of 12 March 2004, contains a declaration with respect to the State of Israel.

The Government of the State of Israel considers that such declaration, which is explicitly of a political nature, is incompatible with the purposes and objectives of the Protocol.

The Government of the State of Israel therefore objects to the aforesaid declaration made by the Algerian People's Democratic Republic.

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 15 of the Protocol, the Republic of Azerbaijan declares that it does not consider itself bound by paragraph 2 of Article 15.

…the Kingdom of Bahrain does not consider itself bound by Paragraph 2 of Article 15 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Woman[lees: Women]and Children.

In accordance with article 15, paragraph 3, of the Protocol, Colombia declares that it does not consider itself bound by paragraph 2 of that article.

‛ With a territorial exclusion in respect of the Faroe Islands and Greenland. ’

Exercising the powers referred to in article 15, paragraph 3, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, the Government of Ecuador makes a reservation with regard to article 15, paragraph 2, relating to the settlement of disputes.

With respect to the provisions of article 15, paragraph 3, the Government of the Republic of El Salvador declares that it does not consider itself bound by article 15, paragraph 2, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.

In accordance with paragraph 3, Article 15 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, the Lao People's Democratic Republic does not consider itself bound by paragraph 2, Article 15 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.

And whereas, it is provided in paragraph 3 of Article 20[lees: 15] of the Protocol, the Republic of Lithuania would like to declare that it does not consider itself bound by paragraph 2 of Article 20[lees: 15], 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.

The Government of the Union of Myanmar wishes to express reservation on Article 15 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.

… 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 …

In ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 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 15, 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.

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 15 (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.

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 (Article 16 (4)). Further, declares expressly its acceptance of Article 15 (2) on settlement of disputes concerning interpretation and application of this Protocol.

The Competent Authority charged with the responsibility of coordinating and 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.

In accordance with paragraph 3 of article 15 of the Protocol, the Republic of Moldova does not consider itself bound by paragraph 2 of article 15 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.

The United States Mission to the United Nations presents its compliments to the Executive Office of the Secretary-General of the United Nations and refers to the U.N. Secretary-General’s depositary notification C.N.794.2017.TREATIES-XVIII.12.a, dated January 2, 2018, regarding the purported accession of the ‘State of Palestine’ to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000 (the Protocol), for which the Secretary-General of the United Nations is the depositary.

The Government of the United States of America does not believe the ‘State of Palestine’ qualifies as a sovereign State and does not recognize it as such. Accession to the Protocol is limited to sovereign States and regional economic integration organizations. Therefore, the Government of the United States of America believes that the ‘State of Palestine’ is not qualified to accede to the Protocol and affirms that it will not consider itself to be in a treaty relationship with the ‘State of Palestine’ under the Protocol.

The Republic of Bolivia declares that it does not consider itself bound by the provisions of paragraph 2 of article 15, which deals with the settlement of disputes concerning this Protocol.

Article 16 (3) of the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, provides that the instrument of ratification, acceptance or approval 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 to prevent, suppress and punish trafficking in persons, especially women and children, 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 16 (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 trafficking in persons.

This information concerns the modifications to the competences of the European Union (‘EU’ or ‘Union’) with regard to matters governed by the United Nations Convention against Transnational Organised Crime (UNTOC) and the Protocols thereto since the entry into force of the Treaty of Lisbon.

With the entry into force of the Treaty of Lisbon, the powers of the European Union that succeeded the European Community have changed. This change creates the legal obligation to inform the depositary of the new competences and to specify the scope and extent of the EC (now EU) competences, pursuant to Article 36(3) UNTOC, Article 21(3) of the Protocol against Migrant Smuggling, and Article 16(3) of the Protocol against Trafficking in Persons. The information contained below supplements the information contained in the notification of 8 March 2010 to the Secretary-General of the United Nations, in his capacity as depositary of the UN conventions.

Notably, the UNTOC and its Protocols are mixed competence agreements. They contain provisions that fall both within exclusive competence of the EU and within shared competence jointly together with EU Member States.

The EU acquired new competences under Title V of the Treaty of the Functioning of the European Union (Articles 82 and 83 TFEU). These new competences comprise important aspects of judicial cooperation in criminal matters (including mutual recognition of judicial decisions between EU Member States) and of police cooperation (Articles 87(2) and (3), and 89 TFEU). As regards substantive criminal law, competences under Article 83(1) TFEU extend to particularly serious crime with a cross-border dimension, including terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime. The EU has exercised its competence by legislating in most of these policy areas, but also other policy areas that are relevant to the Convention and its Protocols, including in relation to smuggling of migrants, environmental crimes and the freezing and confiscation of assets. Furthermore, the EU has established bodies responsible for investigating, prosecuting crimes against the Union’s financial interests.

The Union notes that it has also competence to counter fraud .and any other illegal activities affecting the financial interests of the Union (Article 325 of the Treaty on the Functioning of the European Union, and in relation to criminal matters, Article 83(2) TFEU), including in questions relating to anti-corruption. It has exercised its competence in this area, notably with the establishment of the European Anti-Fraud Office, and the adoption of detailed rules on aspects of the fight against illegal activities affecting the financial interests of the Union.

The Union has also acquired the competence to establish the European Public Prosecutor’s Office (EPPO) (Article 86 TFEU). Established with Regulation (EU) 2017/1939, the EPPO is competent to investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting the Union’s financial interests, notably money laundering involving property derived from such offences, fraud affecting the Union’s financial interests, corruption that damages or is likely to damage the Union’s financial interests, and misappropriation that damages such interests. The EPPO is also competent for offences regarding participation in a criminal organisation as defined in Framework Decision 2008/841/JHA, as implemented in national law, if the focus of the criminal activity of such a criminal organisation is to commit any of the above-mentioned offences affecting the Union’s financial interests.

In the areas mentioned above, it is for the Union alone to enter into international agreements with other countries or competent international organisations if such undertakings were to affect common rules or alter their scope.

In the sphere of development cooperation, the European Union has competence to carry out activities and conduct a common policy. This includes support to partner countries in the ratification and implementation of the United Nations Convention against Transnational Organised Crime (UNTOC) and the use of provisions to combat cross-border crime in agreements with partner countries. The exercise of this competence shall not prevent Member States from exercising their competences. The Union’s development cooperation policy and that of the Member States complement and reinforce each other.

The public order of the Kingdom of Saudi Arabia prohibits trafficking in persons for the purpose referred to in paragraph (a) of Article 3 of the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children.

The Kingdom does not consider itself bound by paragraph 2 of Article 15 of the said Protocol. It makes reservations regarding the contents of paragraph 3d of Article Six and paragraph 1 of Article 7 of the said protocol.

… the Government of the Kingdom of Saudi Arabia does not consider itself obligated to paragraph 2 of article 15 of the Protocol.

The Republic of Uzbekistan does not consider itself bound by provisions of paragraph 2 of article 15 of this Protocol.

In accordance with Article 15 paragraph 3, the Commonwealth of The Bahamas enters a specific reservation to the procedure established under Article 15 paragraph 2 of the Protocol on the basis that referral of a dispute concerning the application or interpretation of the provisions of the Protocol to arbitration or to the International Court of Justice must be by consent of all the parties to the dispute.

… the Government of the United Arab Emirates … formally accedes thereto, with a reservation to article 15, paragraph 2, concerning arbitration. It does not therefore consider itself bound by article 15, paragraph 2.

1.

First - The State of Qatar has reservations on the following:

Second - The State of Qatar declares that it does not consider itself bound by the provisions of Paragraph 2 of Article 15 which deals with the issue of settlement of disputes concerning the interpretation or application of this Protocol.

Reservation:

The Syrian Arab Republic expresses reservations with respect to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, article 7, paragraph 1, and article 15, paragraph 2.

Declaration:

…The Government of the Syrian Arab Republic interprets the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, article 6, paragraph 3, subparagraph (a), as follows:

’Appropriate housing' means ’ensuring appropriate temporary shelter for victims of trafficking in persons until such time as they are returned to their countries'.

Declaration:

… the Government of the Republic of Indonesia declares that the provisions of Article 5 paragraph (2) Sub-paragraph c of the Protocol will have to be implemented in strict compliance with the principle of the sovereignty and territorial integrity of a state; …

Reservation:

… the Government of the Republic of Indonesia conveys her reservation not to be bound by the provision of Article 15 (2) and takes the position that dispute[s] relating to the interpretation and application on the Protocol which have not been settled through the channel provided for in Paragraph (1) of the said Article, may be referred to the International Court of Justice only with the concern of all Parties to the dispute; …

Reservation:

The People's Republic of China shall not bound by paragraph 2 of Article 15 of the Protocol. Unless otherwise notified by the Government, the Protocol shall not apply to the Hong Kong Special Administrative Region of the People's Republic of China.

Declaration:

Unless otherwise notified by the Government, the Protocol shall not apply to the Hong Kong Special Administrative Region of the People's Republic of China.

The French, Flemish and German-speaking Communities and the Regions of Wallonia, Flanders and Brussels-Capital are also bound by this signature.

The Greek State ratifies Article 13 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, … without prejudice to Articles 9A of the Constitution, 19(3) of the Constitution, 8(1) of the European Convention on Human Rights, 436-457 of the Code of Criminal Procedure and 352B of the Criminal Code, as added by Article Second (12) of Law 3625/2007 (Government Gazette 290A), Law 2472/1997, as amended by Articles 8 of Law 2819/2000 (Government Gazette 84A), 10 of Law 3090/2002 (Government Gazette 329A) and Eighth of Law 3625/2007, Law 3471/2006 (Government Gazette 133A) and Presidential Decree 47/2005 (Government Gazette 64A).

In accordance with Article 15, paragraph 3, the Federated States of Micronesia declares that it does not consider itself bound by Article 15 paragraph 2 of the Protocol.

The Socialist Republic of Viet Nam does not consider itself bound by paragraph 2 of Article 15 of this Protocol.

Ethiopia does not accept the jurisdiction of the International Court of Justice which is provided under Article 15(2) of the said Protocol.

The Government of Australia hereby declares that nothing in the Protocol shall be seen to be imposing obligations on Australia to admit or retain within its borders persons in respect of whom Australia would not otherwise have an obligation to admit or retain within its borders.

The Republic of Cuba declares that, in accordance with the provisions of Article 15, paragraph 3 of the Protocol, it does not consider itself bound by the provisions of paragraph 2 of that Article.

[I]n accordance with paragraph 3 of Article 15 of the Protocol, the Kingdom of Thailand does not consider itself bound by paragraph 2 of the same Article.

Notification under Article 8 (6):

National Police

Crime Investigation Division

Gewerbeweg 4

P.O. Box 684

9490 Vaduz

Principality of Liechtenstein

Phone: +423 236 79 79 (24 hours) Fax: +423 236 79 70

E-Mail: kripo(a)landespolizei.li, ipk.lp@llv.li

Languages: German, English

Office hours: 08:30 - 16:30 GMT: +1

Request by Interpol: yes

The Government of the Republic of Zimbabwe hereby declares that it enters a reservation to Article 15 (2) which provides that where Parties fail to resolve their dispute through arbitration any Party may refer the dispute to the International Court of Justice.

The State of Eritrea declares that it does not consider itself bound by the provisions of paragraph 2 of article 15, which deals with the settlement of disputes concerning this Protocol.

… [T]he Government of the Democratic Socialist Republic of Sri Lanka does not consider itself bound by paragraph 2 of Article 15 as provided for in paragraph 3 of Article 15.

The Government of the Republic of Singapore declares that nothing in the Protocol shall impose obligations on Singapore to admit or retain within its territory, persons in respect of whom Singapore would not otherwise have an obligation to admit or retain within its territory.

Pursuant to Article 15, paragraph 3 of the above-mentioned Protocol, the Government of the Republic of Singapore does not consider itself bound by Article 15, paragraph 2 of the said Protocol.

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine.

These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.

The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.

In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above [Convention], as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.

Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.

The provisions of the [Convention] regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The procedure of the relevant communication is determined by the central authorities of Ukraine in Kyiv.

… Ukraine … is unable to guarantee full implementation of its obligations [under the above Protocol] due to the Armed aggression of the Russian Federation and with the imposition of martial law until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of Ukraine.

[The aforementioned treaty is] implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under [this treaty] as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.

The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is at the link below:

https://zakon.rada.gov.ua/laws/show/z1668-22#Text ...

Fiji reserves waiving its sovereign rights and declares that it does not consider itself bound by the provisions of paragraph 2 of article 15.

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.183.2018.TREATIES-XVIII.12.a, dated 4 April 2018, conveying a communication of Israel regarding the accession of the State of Palestine to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000.

The Government of the State of Palestine regrets the position of Israel and wishes to recall the United Nations General Assembly resolution 67/19 of 29 November 2012 according to which Palestine was accorded a ‘Non-member Observer State status in the United Nations’. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.

As a State Party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000, which entered into force on 2[8] January 2018 for the State of Palestine, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.186.2018.TREATIES-XVIII.12.a, dated 4 April 2018, conveying a communication of the United States of America regarding the accession of the State of Palestine to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000.

The Government of the State of Palestine regrets the position of the United States of America and wishes to recall the United Nations General Assembly resolution 67/19 of 29 November 2012 according to which Palestine was accorded a ‘Non-member Observer State status in the United Nations’. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.

As a State Party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000, which entered into force on 28 January 2018 for the State of Palestine, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

[…] subject to a Reservation to paragraph 2 of Article 15 of the Protocol.

Pursuant to paragraph 3 of Article 15 of the Protocol, the Government of Brunei Darussalam does not consider itself bound by paragraph 2 of Article 15 of the said Protocol.

In accordance with Article 15 (3), the Government of Nepal declares that it does not consider itself bound by the obligation set forth in Article 15 (2).

The Principality of Andorra considers that any dispute [concerning the interpretation or application of the Protocol] can only be submitted to arbitration or referred to the International Court of Justice with the consent of all parties to the dispute.

The Kingdom of Bhutan does not consider itself bound by … Article 15, paragraph 2 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime.