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Article 11.Border measuresA. Negotiation textsRolling text (A/AC.254/4/Add.1/Rev.1)Fourth session: 28 June-9 July 1999“Article 9“Additional legislative and administrative measures“States Parties shall take such additional legislative or other measures as theyconsider appropriate to prevent means of transportation operated by commercial carriersfrom being used in the commission of offences established under article 4 ofthis Protocol. Such measures shall include, in appropriate cases, fines and forfeitureto ensure that carriers, including any transportation company, or the owner or operatorof any vessel or vehicle, screen all passengers to see that they have valid passportsand visas, if required, or any other documentation necessary for legal entry intothe receiving State.Notes by the Secretariat1. At the sixth session of the Ad Hoc Committee, Germany proposed to make theapplication of article 9 discretionary rather than mandatory (see A/AC.254/L.97). See alsofootnote 3 below.2. See footnote 1 concerning article 17 of the present protocol.3. At the eighth session of the Ad Hoc Committee, the Office of the United NationsHigh Commissioner for Human Rights, the Office of the United Nations HighCommissioner for Refugees, the United Nations Children’s Fund and the InternationalOrganization for Migration emphasized that the strengthening of border controls and othermeasures foreseen in the draft protocol to prevent the smuggling of migrants should beimplemented in such a manner that they would not undermine the rights of individuals toseek asylum or put refugees and asylum seekers at risk of refoulement (see A/AC.254/27and Corr.1, para. 21).4. The version of article 9 contained in document A/AC.254/4/Add.1/Rev.1 remainedunchanged in the intermediate drafts of the protocol (A/AC.254/4/Add.1/Revs.2-5).519