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Part Three. Article 8 497“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 <strong>of</strong> the nationality <strong>of</strong> theState Party concerned is engaged in the smuggling <strong>of</strong> migrants by sea may requestthe assistance <strong>of</strong> other States Parties in suppressing the use <strong>of</strong> the vessel for that purpose.The States Parties so requested shall render such assistance as is reasonableunder the circumstances. 2“3. A State Party that has reasonable grounds to suspect that a vessel exercisingfreedom <strong>of</strong> navigation in accordance with international law and flying the flag ordisplaying marks <strong>of</strong> registry <strong>of</strong> another State Party is engaged in the smuggling <strong>of</strong>migrants may so notify the flag State, request confirmation <strong>of</strong> registry and, if confirmed,request authorization from the flag State to take appropriate measures withregard to that vessel. 3 The flag State may authorize the requesting State, inter alia:“(a) To board the vessel;“(b) To inspect the vessel; and“(c) If evidence is found that the vessel is engaged in the smuggling <strong>of</strong> migrants,to take appropriate action with respect to the vessel, persons and cargo on board, asauthorized by the flag State. 4“4. A State Party that has taken any action in accordance with paragraph 3 <strong>of</strong><strong>this</strong> article shall promptly inform the flag State concerned <strong>of</strong> the results <strong>of</strong> that action. 5“5. A State Party shall respond expeditiously to a request from another StateParty to determine whether a vessel that is claiming its registry or flying its flag isentitled to do so and to a request for authorization made pursuant to paragraph 3 <strong>of</strong><strong>this</strong> article. 6“6. A flag State may, consistent with paragraph 1 <strong>of</strong> <strong>this</strong> article, subject itsauthorization to conditions to be agreed by it and the requesting State, including conditionsrelating to responsibility 7 and the extent <strong>of</strong> effective measures to be taken,including the use <strong>of</strong> force. A State Party shall take no additional actions without theexpress authorization <strong>of</strong> the flag State, except those necessary to relieve imminentdanger or those which follow from relevant bilateral or multilateral agreements. 8“7. Each State Party shall designate an authority or, where necessary, authoritiesto receive reports <strong>of</strong> the smuggling <strong>of</strong> migrants and to respond to requests forassistance, confirmation <strong>of</strong> registry or the right <strong>of</strong> a vessel to fly its flag and authorizationto take appropriate measures. 92The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 2, <strong>of</strong> the 1988 Convention and from paragraph11 <strong>of</strong> the interim measures.3The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 3, <strong>of</strong> the 1988 Convention.4The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 4, <strong>of</strong> the 1988 Convention.5The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 8, <strong>of</strong> the 1988 Convention and from paragraph12 <strong>of</strong> the interim measures.6The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 7, <strong>of</strong> the 1988 Convention and from paragraph14 <strong>of</strong> the interim measures.7The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 6, <strong>of</strong> the 1988 Convention.8The language <strong>of</strong> <strong>this</strong> provision was derived from paragraph 13 <strong>of</strong> the interim measures. Some delegations expressedconcern that the exceptions did not cover all the operational scenarios that might arise.9The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 7, <strong>of</strong> the 1988 Convention and from paragraph21 <strong>of</strong> the interim measures.

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