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496 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“(d) Di<strong>version</strong>: if the vessel refuses to permit an on-board visit or if the on-boardinspection reveals that irregularities are being committed, the vessel shall be orderedto go back to the port <strong>of</strong> departure or to divert to the nearest port <strong>of</strong> a ContractingParty, designated according to article L below, and the State <strong>of</strong> which the migrants arenationals shall be informed <strong>of</strong> the outcome <strong>of</strong> the on-board visit. If the vessel fails tocomply with such order, it shall be escorted to the prescribed destination.“...“Article K“...“2. Any State Party that has undertaken any action under the terms <strong>of</strong> articlesG, H and I above shall promptly notify the flag State <strong>of</strong> its final outcome.“3. Each State Party shall designate the competent authority—or competentauthorities, where necessary—for receiving and responding to the requests referredto in articles G and H above. The designation shall be notified to the Secretary-General <strong>of</strong> the United Nations and to all the other Parties within one month <strong>of</strong> thedesignation.”“Each State Party shall:“Article L“(a) Designate as soon as possible the ports to which vessels caught in flagrantedelicto <strong>of</strong> transporting migrants can be diverted;“(b) Take control <strong>of</strong> the vessels referred to in subparagraph (a) above that arediverted to its ports in order to prevent the commission <strong>of</strong> further illegal activities;“(c) Authorize the vessel or the aircraft that is acting under article I above toredeploy in the ports designated to <strong>this</strong> end for technical purposes;“(d) Provide berthing facilities and water supplies for the port visits referred toin subparagraph (c) above.”Fourth session: 28 June-9 July 1999Rolling text (A/AC.254/4/Add.1/Rev.1)“II.Smuggling <strong>of</strong> migrants by sea“Article 7“Measures against the smuggling <strong>of</strong> migrants by sea“1. States Parties shall cooperate to the fullest extent possible to prevent andsuppress the smuggling <strong>of</strong> migrants by sea, in conformity with the international law<strong>of</strong> the sea and all generally accepted relevant international instruments. 11The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 1, <strong>of</strong> the United Nations Convention againstIllicit Traffic in Narcotic Drugs and Psychotropic Substances <strong>of</strong> 1988 (the 1988 Convention) (United Nations, Treaty Series,vol. 1582, No. 27627) and from paragraph 8 <strong>of</strong> the interim measures for combating unsafe practices associated with thetrafficking or transport <strong>of</strong> migrants by sea (the interim measures), approved in December 1998 by the Maritime SafetyCommittee <strong>of</strong> the <strong>International</strong> Maritime Organization (MSC/Circ.896, annex, and also reproduced in <strong>document</strong>A/AC.254/CRP.3).

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