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Part Three. Article 9 5133. Any measure taken, adopted or implemented in accordance with <strong>this</strong>chapter shall take due account <strong>of</strong> the need not to interfere with or to affect:(a) The rights and obligations and the exercise <strong>of</strong> jurisdiction <strong>of</strong> coastalStates in accordance with the international law <strong>of</strong> the sea; or(b) The authority <strong>of</strong> the flag State to exercise jurisdiction and control inadministrative, technical and social matters involving the vessel.4. Any measure taken at sea pursuant to <strong>this</strong> chapter shall be carried outonly by warships or military aircraft, or by other ships or aircraft clearly markedand identifiable as being on government service and authorized to that effect.C. Interpretative noteNotes by the Secretariat4. The interpretative note on chapter II (Smuggling <strong>of</strong> migrants by sea) <strong>of</strong> the protocolapproved by the Ad Hoc Committee and contained in its report on the work <strong>of</strong> itsfirst to eleventh sessions (A/55/383/Add.1, para. 98), also applies to article 9 (see the interpretativenotes concerning article 7 <strong>of</strong> the protocol).

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