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512 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“4. Any measure taken at sea pursuant to this chapter shall be carried out onlyby warships or military aircraft, or by other ships or aircraft clearly marked and identifiableas being on government service and authorized to that effect. 19“5. No measures taken pursuant to this chapter shall be taken in the territorial20, 21sea, except with the permission of or as otherwise authorized by the coastal States.”Notes by the Secretariat3. At its eleventh session, the Ad Hoc Committee considered, finalized and approvedarticle 7 ter, as amended. Former paragraph 5 contained in document A/AC.254/4/Add.1/Rev.6was deleted, provided that an interpretative note was included in the travaux préparatoires(see note 4 by the Secretariat below). The last amendment is reflected in the final text ofthe protocol, as included in the report of the Ad Hoc Committee (A/55/383, sect. IV, draftresolution, annex III), that was submitted to the General Assembly for adoption pursuantto resolution 54/126 of 17 December 1999.B. Approved text adopted by the General Assembly(see resolution 55/25, annex III)Article 9Safeguard clauses1. Where a State Party takes measures against a vessel in accordancewith article 8 of this Protocol, it shall:(a) Ensure the safety and humane treatment of the persons on board;(b) Take due account of the need not to endanger the security of the vesselor its cargo;(c) Take due account of the need not to prejudice the commercial or legalinterests of the flag State or any other interested State;(d) Ensure, within available means, that any measure taken with regard tothe vessel is environmentally sound.2. Where the grounds for measures taken pursuant to article 8 of thisProtocol prove to be unfounded, the vessel shall be compensated for any loss ordamage that may have been sustained, provided that the vessel has not committedany act justifying the measures taken.19As indicated above, the language of this provision was derived from article 17, paragraph 10, of the 1988 Conventionand from paragraph 20 of the interim measures. The words “this chapter” were proposed by the United States at the informalconsultations held during the ninth session of the Ad Hoc Committee (see A/AC.254/L.195).20The informal consultations held during the ninth session of the Ad Hoc Committee recommended the deletion offormer paragraph 6 contained in document A/AC.254/4/Add.1/Rev.5 (former paragraph 5 in documentA/AC.254/4/Add.1/Rev.4).21This was a proposal by the United States at the informal consultations held during the ninth session of the Ad HocCommittee (see A/AC.254/L.195). The Islamic Republic of Iran suggested deletion of the words “or as otherwise authorizedby” and other delegations suggested ending the paragraph at the word “sea”. Another delegation suggested deleting thisparagraph. The word “action” was replaced with the words “measures” as requested for consistency with the revision ofarticle 7 bis, paragraph 7. Mexico agreed with the principle expressed in this paragraph, but voiced concerns about redundancywith the international law of the sea. It suggested that an interpretative note should be prepared and incorporated intothe travaux préparatoires.