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Part Three. Article 11 521B. Approved text adopted by the General Assembly(see resolution 55/25, annex III)Article 11Border measures1. Without prejudice to international commitments in relation to the freemovement of people, States Parties shall strengthen, to the extent possible, such bordercontrols as may be necessary to prevent and detect the smuggling of migrants.2. Each State Party shall adopt legislative or other appropriate measuresto prevent, to the extent possible, means of transport operated by commercial carriersfrom being used in the commission of the offence established in accordancewith article 6, paragraph 1 (a), of this Protocol.3. Where appropriate, and without prejudice to applicable internationalconventions, such measures shall include establishing the obligation of commercialcarriers, including any transportation company or the owner or operator ofany means of transport, to ascertain that all passengers are in possession of thetravel documents required for entry into the receiving State.4. Each State Party shall take the necessary measures, in accordance withits domestic law, to provide for sanctions in cases of violation of the obligationset forth in paragraph 3 of this article.5. Each State Party shall consider taking measures that permit, in accordancewith its domestic law, the denial of entry or revocation of visas of personsimplicated in the commission of offences established in accordance with this Protocol.6. Without prejudice to article 27 of the Convention, States Parties shallconsider strengthening cooperation among border control agencies by, inter alia,establishing and maintaining direct channels of communication.C. Interpretative noteThe interpretative note on article 11 of the protocol approved by the AdHoc Committee and contained in its report on the work of its first to eleventhsessions (see A/55/383/Add.1, para. 103) is as follows:Paragraph 2Measures and sanctions applied in accordance with this paragraph shouldtake into account other international obligations of the State party concerned. Itshould also be noted that this paragraph requires States parties to impose an obligationon commercial carriers only to ascertain whether or not passengers havethe necessary documents in their possession and not to make any judgement orassessment of the validity or authenticity of the documents. It should further benoted that this paragraph does not unduly limit the discretion of States parties notto hold carriers liable for transporting undocumented refugees and that article 19preserves the general obligations of States parties under international law in thisregard, making specific reference to the 1951 Convention 5 and 1967 Protocol 6relating to the Status of Refugees. Article 11 was also adopted on the understandingthat it would not be applied in such a way as to induce commercial carriersto impede unduly the movement of legitimate passengers.5United Nations, Treaty Series, vol. 189, No. 2545.6Ibid., vol. 606, No. 8791.