12.07.2015 Views

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Part Two. Article 11 405“2. States Parties shall 13 take [legislative or other] [appropriate] measures toprevent the means <strong>of</strong> transport operated by commercial carriers 14 from being used inthe commission <strong>of</strong> <strong>of</strong>fences covered by article 3 <strong>of</strong> <strong>this</strong> Protocol. 15“3. Such measures shall include, where appropriate, the establishment, withoutprejudice to applicable international conventions, <strong>of</strong> the obligation that commercialcarriers, including any transportation company or the owner or operator <strong>of</strong> anyvessel or vehicle, ascertain that all passengers travelling by [land] [land other thanrail] [road], 16 air or sea have a valid 17 passport and visa, 18 if required, or any other<strong>document</strong>ation necessary for legal 19 entry into the receiving State.“4. States Parties shall take the necessary measures, in conformity with theirdomestic law, to provide for sanctions 20 in cases <strong>of</strong> violation <strong>of</strong> the obligation set outin paragraph 3 <strong>of</strong> <strong>this</strong> article. 21 [Such sanctions may include fines and forfeiture <strong>of</strong>the vehicles or means <strong>of</strong> transport used.] 22“5. States Parties shall consider adopting measures that permit [, in conformitywith their domestic law,] [and in appropriate cases,] 23 the [revocation or denial <strong>of</strong>visas] [denial <strong>of</strong> entry] 24 to persons [, including foreign <strong>of</strong>ficials,] 25 [known on reasonablegrounds to be implicated] [implicated] 26 in crimes covered by <strong>this</strong> Protocol.” 2713At the sixth session <strong>of</strong> the Ad Hoc Committee, some delegations proposed that <strong>this</strong> provision should not be obligatory.14At the sixth session <strong>of</strong> the Ad Hoc Committee, some delegations expressed concern about placing obligations oncommon carriers. Several delegations suggested that tourist organizations and other related travel agencies should be includedin <strong>this</strong> paragraph.15Paragraphs 2 to 4 were proposed by France and the United States (see A/AC.254/L.107) at the sixth session <strong>of</strong> theAd Hoc Committee on the basis <strong>of</strong> the text <strong>of</strong> article 8, paragraph 1, contained in <strong>document</strong> A/AC.254/5/Add.13.16At the sixth session <strong>of</strong> the Ad Hoc Committee, it became apparent that there were substantive differences betweenthe various language texts regarding the words “travelling by land”. There was general agreement that these variations shouldbe placed in square brackets in all languages.17At the sixth session <strong>of</strong> the Ad Hoc Committee, many delegations expressed concern that common carriers had noresources or expertise to ascertain the authenticity <strong>of</strong> the <strong>document</strong>s (i.e. whether they had been forged or falsified). Therewas general agreement that using the word “valid” would require common carriers to check only for obvious defects on thesurface <strong>of</strong> the <strong>document</strong>s, such as <strong>document</strong>s that were blank or had expired.18At the sixth session <strong>of</strong> the Ad Hoc Committee, several delegations suggested changing the words “passport and visa”to the words “travel <strong>document</strong>s”.19At the sixth session <strong>of</strong> the Ad Hoc Committee, some delegations suggested deleting the word “legal”.20At the sixth session <strong>of</strong> the Ad Hoc Committee, consensus was reached on replacing the word “penalties” with theword “sanction”.21At the sixth session <strong>of</strong> the Ad Hoc Committee, Argentina suggested incorporating a provision on cooperation mechanisms(A/AC.254/L.99).22At the sixth session <strong>of</strong> the Ad Hoc Committee, several delegations suggested deleting <strong>this</strong> sentence. Some delegationssuggested that reference to imprisonment should be made in <strong>this</strong> paragraph if the second sentence <strong>of</strong> <strong>this</strong> paragraphwas retained.23At the sixth session <strong>of</strong> the Ad Hoc Committee, several delegations suggested replacing the words “in appropriatecases” with the words “in conformity with their domestic law”, while other delegations suggested retaining the words “inappropriate cases”.24At the sixth session <strong>of</strong> the Ad Hoc Committee, delegations expressed the view that <strong>this</strong> paragraph should be revisedin order to take into account the many travellers who did not require visas to enter into a territory. The United States proposedreplacing the words “revocation or denial <strong>of</strong> visas” with the words “denial <strong>of</strong> entry”.25At the sixth session <strong>of</strong> the Ad Hoc Committee, several delegations suggested that the words “including foreign <strong>of</strong>ficials”needed to be clarified. Some delegations suggested deleting the words.26At the sixth session <strong>of</strong> the Ad Hoc Committee, many delegations expressed concern about the standards set by thewords “known to be”. Some delegations suggested including the words “on reasonable grounds”, while other delegations supporteddeleting the words “known to be”. In addition, one delegation proposed inserting the words “who have committed”.27This paragraph appeared as article 14, paragraph 3, in the previous text (A/AC.254/4/Add.3/Rev.4).

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!