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Part Three. Article 3 469(b) “Illegal entry” shall mean crossing borders without complying withthe necessary requirements for legal entry into the receiving State;(c) “Fraudulent travel or identity <strong>document</strong>” shall mean any travel oridentity <strong>document</strong>:(i) That has been falsely made or altered in some material way byanyone other than a person or agency lawfully authorized to make orissue the travel or identity <strong>document</strong> on behalf <strong>of</strong> a State; or(ii) That has been improperly issued or obtained through misrepresentation,corruption or duress or in any other unlawful manner; or(iii) That is being used by a person other than the rightful holder;(d) “Vessel” shall mean any type <strong>of</strong> water craft, including non-displacementcraft and seaplanes, used or capable <strong>of</strong> being used as a means <strong>of</strong> transportation onwater, except a warship, naval auxiliary or other vessel owned or operated by a Governmentand used, for the time being, only on government non-commercial service.C. Interpretative notesThe interpretative notes on article 3 <strong>of</strong> the protocol approved by the Ad HocCommittee and contained in its report on the work <strong>of</strong> its first to eleventh sessions(see A/55/383/Add.1, paras. 88-90) are as follows:Subparagraph (a)(a) The reference to “a financial or other material benefit” as an element<strong>of</strong> the definition in subparagraph (a) was included in order to emphasize that theintention was to include the activities <strong>of</strong> organized criminal groups acting for pr<strong>of</strong>it,but to exclude the activities <strong>of</strong> those who provided support to migrants forhumanitarian reasons or on the basis <strong>of</strong> close family ties. It was not the intention<strong>of</strong> the protocol to criminalize the activities <strong>of</strong> family members or support groupssuch as religious or non-governmental organizations.Subparagraph (c)(b) The term “travel <strong>document</strong>” includes any type <strong>of</strong> <strong>document</strong> requiredfor entering or leaving a State under its domestic law and the term “identity<strong>document</strong>” includes any <strong>document</strong> commonly used to establish the identity <strong>of</strong> aperson in a State under the laws or procedures <strong>of</strong> that State.(c) The words “falsely made or altered” should be interpreted as includingnot only the creation <strong>of</strong> false <strong>document</strong>s, but also the alteration <strong>of</strong> legitimate <strong>document</strong>sand the filling in <strong>of</strong> stolen blank <strong>document</strong>s. Furthermore, the intention wasto include both <strong>document</strong>s that had been forged and genuine <strong>document</strong>s that hadbeen validly issued but were being used by a person other than the lawful holder.

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