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498 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“8. When there are reasonable grounds to suspect that a vessel is engaged inthe smuggling <strong>of</strong> migrants by sea and it is concluded in accordance with the internationallaw <strong>of</strong> the sea that the vessel is without nationality or has been assimilatedto a vessel without nationality, States Parties shall conduct an inspection <strong>of</strong> the vessel,as necessary. If the results <strong>of</strong> the inspection indicate that the vessel is engagedin the smuggling <strong>of</strong> migrants, States Parties shall take appropriate measures in accordancewith relevant domestic and international law. 10“9. When evidence exists that a vessel is engaged in the smuggling <strong>of</strong> migrantsby sea, States Parties shall:“(a) Ensure the safety and the humanitarian handling <strong>of</strong> the persons on board andensure that any actions taken with regard to the vessel are environmentally sound; and“(b) Take appropriate action in accordance with relevant domestic and internationallaw. 11“10. If any measures are taken against a vessel suspected <strong>of</strong> being engaged inthe smuggling <strong>of</strong> migrants by sea, the State Party concerned shall take into accountthe need not to endanger the safety <strong>of</strong> human life at sea and the security <strong>of</strong> the vesseland the cargo or to prejudice the commercial and/or legal interests <strong>of</strong> the flagState or any other interested State. 12“11. States Parties shall take, adopt or implement such measures in conformitywith international law with due regard to:“(a) The authority <strong>of</strong> the flag State to exercise jurisdiction and control in administrative,technical and social matters involving the vessel; and“(b) The rights and obligations and the exercise <strong>of</strong> jurisdiction <strong>of</strong> coastal Statesin accordance with the international law <strong>of</strong> the sea. 13“12. Any action taken at sea pursuant to <strong>this</strong> article shall be carried out onlyby warships or military aircraft, or other ships or aircraft clearly marked and identifiableas being on government service and authorized to that effect. 14“13. Measures taken, adopted or implemented pursuant to <strong>this</strong> Protocol shall bein conformity with the international law <strong>of</strong> the sea and all generally accepted relevantinternational instruments, such as the 1951 Convention relating to the Status <strong>of</strong>Refugees and the 1967 Protocol thereto. 15“14. States Parties shall consider entering into bilateral or regional agreementsto facilitate cooperation in applying appropriate, efficient and effective measures toprevent and suppress the smuggling <strong>of</strong> migrants by sea. 16 States Parties shall alsoencourage the conclusion <strong>of</strong> operational arrangements in relation to specific cases (adhoc arrangements).” 1710The language <strong>of</strong> <strong>this</strong> provision was derived from paragraph 16 <strong>of</strong> the interim measures.11The language <strong>of</strong> <strong>this</strong> provision was derived from paragraph 17 <strong>of</strong> the interim measures.12The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 5, <strong>of</strong> the 1988 Convention and from paragraph7 <strong>of</strong> the interim measures.13The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 11, <strong>of</strong> the 1988 Convention and from paragraph6 <strong>of</strong> the interim measures.14The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 10, <strong>of</strong> the 1988 Convention and from paragraph20 <strong>of</strong> the interim measures.15The language <strong>of</strong> <strong>this</strong> provision was derived from paragraph 5 <strong>of</strong> the interim measures.16The language <strong>of</strong> <strong>this</strong> provision was derived from article 17, paragraph 9, <strong>of</strong> the 1988 Convention and from paragraph9 <strong>of</strong> the interim measures.17The language <strong>of</strong> <strong>this</strong> provision was derived from paragraph 10 <strong>of</strong> the interim measures.

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