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Part Two. Article 11 409C. Interpretative notesThe interpretative notes on article 11 <strong>of</strong> the protocol approved by the AdHoc Committee and contained in its report on the work <strong>of</strong> its first to eleventhsessions (see A/55/383/Add.1, paras. 79 and 80) are as follows:Paragraph 2(a) Victims <strong>of</strong> trafficking in persons may enter a State legally only to facesubsequent exploitation, whereas in cases <strong>of</strong> smuggling <strong>of</strong> migrants, illegal means<strong>of</strong> entry are more generally used. This may make it more difficult for commoncarriers to apply preventive measures in trafficking cases than in smuggling casesand legislative or other measures taken in accordance with <strong>this</strong> paragraph shouldtake <strong>this</strong> into account.Paragraph 4(b) Measures and sanctions applied in accordance with <strong>this</strong> paragraphshould take into account other international obligations <strong>of</strong> the State party concerned.It should also be noted that <strong>this</strong> article requires States parties to imposean obligation on common carriers only to ascertain whether or not passengers havethe necessary <strong>document</strong>s in their possession and not to make any judgement orassessment <strong>of</strong> the validity or authenticity <strong>of</strong> the <strong>document</strong>s. It should further benoted that <strong>this</strong> paragraph does not unduly limit the discretion <strong>of</strong> States parties notto hold carriers liable for transporting un<strong>document</strong>ed refugees.

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