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492 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeState Party concerned, is engaged in the smuggling of migrants by sea may requestthe assistance of other States Parties in suppressing the use of the vessel for that purpose.The States Parties so requested shall render such assistance as is reasonableunder the circumstances.” 2Rolling text (A/AC.254/4/Add.1/Rev.4)“II.Smuggling of migrants by sea“Article 7“Cooperation and mutual assistance“1. States Parties shall cooperate to the fullest extent possible to prevent andsuppress the smuggling of migrants by sea, in conformity with international law. 3“2. A State Party that has reasonable grounds to suspect that a vessel, whichis flying its flag or claiming its registry, which is without nationality or which, thoughflying a foreign flag or refusing to show a flag, is in reality of the nationality of theState Party concerned, is engaged in the smuggling of migrants by sea may requestthe assistance of other States Parties in suppressing the use of the vessel for that purpose.The States Parties so requested shall render such assistance within the meansavailable to them.” 4, 5Notes by the Secretariat2. At the eighth session of the Ad Hoc Committee, time did not permit discussionof chapter II of the draft protocol. It was noted that, unlike other elements of the draftprotocols to the convention, article 7, as well as the other articles of the chapter, requiredthe participation of delegates with specific expertise in maritime law. In order to facilitatetheir attendance, it was decided that these articles would be reviewed at the beginning ofthe subsequent session of the Ad Hoc Committee, at which the revised draft migrants protocolwas scheduled for consideration.3. The version of article 7 contained in document A/AC.254/4/Add.1/Rev.4 remainedunchanged in the intermediate draft of the protocol (A/AC.254/4/Add.1/Rev.5).2The language of this provision has been derived from article 17, paragraph 2, of the 1988 Convention and from paragraph11 of the interim measures (see footnote 1).3At the sixth session of the Ad Hoc Committee, a specific reference to the United Nations Convention on the Lawof the Sea (United Nations, Treaty Series, vol. 1833, No. 31363) and other international instruments was deleted at thispoint. There was general agreement that the reference should include both customary and conventional international law andnot just specific instruments to which not all States were parties. Some delegations expressed concern about this and wantedthe words “and in particular the United Nations Convention on the Law of the Sea” added after the reference to internationallaw.4During the sixth session of the Ad Hoc Committee, it was decided to replace the words “as is reasonable under thecircumstances” with the words “within the means available to them”, to bring the language closer to article 17, paragraph2, of the 1988 Convention.5At the sixth session of the Ad Hoc Committee, some delegations proposed moving this provision from article 7 toarticle 7 bis. Discussion on this question was deferred pending final determination of the content of the articles (see alsofootnote 34 concerning article 8 of the present protocol).