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Part One. Article 15 135United States <strong>of</strong> America (A/AC.254/L.192 and A/AC.254/5/Add.23)“Paragraph 1“Article 9“Jurisdiction“1. Each State Party shall take such measures as may be necessary to establishits jurisdiction over the <strong>of</strong>fences established in articles 3, 4, 4 ter and 17 bis <strong>of</strong><strong>this</strong> Convention when:“(a) The <strong>of</strong>fence is committed within the territory <strong>of</strong> that State; or“(b) The <strong>of</strong>fence is committed on board a vessel that is flying the flag <strong>of</strong> thatState or an aircraft that is registered under the laws <strong>of</strong> that State at the time the<strong>of</strong>fence is committed, where, under the domestic laws <strong>of</strong> that State, such vessel oraircraft would be considered also to be within its territorial jurisdiction.”Rolling text (A/AC.254/4/Rev.8)“Article 9 17“Jurisdiction“1. Each State Party shall take such measures as may be necessary to establishits jurisdiction over the <strong>of</strong>fences established in articles 3, 4, 4 ter and 17 bis <strong>of</strong><strong>this</strong> Convention when: 18“(a) The <strong>of</strong>fence is committed in the territory <strong>of</strong> that State; or“(b) The <strong>of</strong>fence is committed on board a vessel that is flying the flag <strong>of</strong> thatState or an aircraft that is registered under the laws <strong>of</strong> that State at the time the<strong>of</strong>fence is committed. 19“2. Subject to paragraphs 3 and 4 <strong>of</strong> article 2 <strong>of</strong> <strong>this</strong> Convention, a State Partymay also establish its jurisdiction over any such <strong>of</strong>fence when:“(a) The <strong>of</strong>fence is committed against a national <strong>of</strong> that State; 20“(b)The <strong>of</strong>fence is committed by a national or a habitual resident 21 <strong>of</strong> that State; or17The text <strong>of</strong> <strong>this</strong> article was revised at the informal consultations held during the eighth session <strong>of</strong> the Ad HocCommittee and was recommended by the Chairmen <strong>of</strong> those informal consultations to the Ad Hoc Committee for considerationat its ninth session.18At the informal consultations held during the eighth session <strong>of</strong> the Ad Hoc Committee, the Islamic Republic <strong>of</strong> Iranand Pakistan suggested the inclusion <strong>of</strong> the words “subject to the fundamental principles <strong>of</strong> their legal system”.19At the informal consultations held during the eighth session <strong>of</strong> the Ad Hoc Committee, the United States expresseda preference for a more flexible formulation <strong>of</strong> <strong>this</strong> paragraph in view <strong>of</strong> the broad scope <strong>of</strong> the draft convention (seeA/AC.254/L.192, as above).20Following extensive discussion at the informal consultations held during the eighth session <strong>of</strong> the Ad Hoc Committee,it was agreed to delete the reference to habitual residents from <strong>this</strong> subparagraph on the understanding that States shouldtake into consideration the need to extend possible protection that might stem from the establishment <strong>of</strong> jurisdiction to statelesspersons who might be habitual or permanent residents in their countries.21At the informal consultations held during the eighth session <strong>of</strong> the Ad Hoc Committee, several delegations suggestedthat reference to habitual residents should be deleted.

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