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Article 8.Measures against the smuggling <strong>of</strong>migrants by seaAustria and Italy (A/AC.254/4/Add.1)A. Negotiation textsFirst session: 19-29 January 1999“Article G“Each State Party that has reasonable grounds to believe that a vessel flying itsflag—or flying no flag, or a vessel which, even if flying a foreign flag or refusingto fly its flag, has actually the same nationality as the vessel exercising the rightunder article F, paragraph 1 (b)—is involved in the trafficking <strong>of</strong> migrants, mayrequest the assistance <strong>of</strong> other States Parties to combat such trafficking. The requestedParties shall <strong>of</strong>fer any reasonable assistance necessary in order to achieve <strong>this</strong> goal.“Article H“Each State Party that has reasonable grounds to believe that a vessel flying theflag <strong>of</strong> or registered with another State Party, navigating freely in accordance with internationallaw, is involved in the trafficking <strong>of</strong> migrants may notify the State whose flagit flies, request a verification <strong>of</strong> the registration and, after receiving confirmation, mayrequest authorization to adopt the necessary measures to guarantee the control and containment<strong>of</strong> the flow <strong>of</strong> individuals bound for its territory, which may include verifyingthe vessel’s right to fly its flag, stopping the vessel, boarding it and diverting it.“Article I“Activities related to verifying the vessel’s right to fly that flag, stopping, boardingand diverting the vessel shall be performed in the following manner:“(a) Verifying the vessel’s right to fly its flag: the vessel may be requested togive information on its nationality and the nationality <strong>of</strong> its crew, its port <strong>of</strong> departureand its destination;“(b) Stopping the vessel: the vessel may be ordered to stop or to change courseand reduce speed appropriately, following the procedures mentioned in subparagraph(a) above, so that a team <strong>of</strong> inspectors may board the vessel to ascertain the truth <strong>of</strong>the information communicated and whether any migrants are on board;“(c) On-board visit: when the vessel is stopped or has changed course as orderedand at the speed ordered, the aforementioned inspection team shall board the vesselto carry out the necessary verification <strong>of</strong> <strong>document</strong>s and inspections, in order to ascertainwhether the vessel is involved in the trafficking <strong>of</strong> migrants;495

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