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550 Travaux préparatoires: United Nations Convention against Transnational Organized Crime‘The travaux préparatoires should indicate that nothing in article 15 <strong>of</strong> theProtocol should be interpreted as requiring any State Party to accept the return<strong>of</strong> any person who has been the object <strong>of</strong> conduct described in article 4 <strong>of</strong> theProtocol before that State Party has verified that the person whose return issought by another State Party is one <strong>of</strong> its nationals.’”Recommendations <strong>of</strong> the informal working group on article 15 (A/AC.254/L.274)The informal working group proposed to continue work on article 15 on thebasis <strong>of</strong> the following text:“Article 15“Return <strong>of</strong> smuggled migrants“1. Each State Party agrees to facilitate and accept, without undue or unreasonabledelay, the return <strong>of</strong> a person who has been the object <strong>of</strong> conduct set forth inarticle 4 <strong>of</strong> <strong>this</strong> Protocol and who is a national <strong>of</strong> that State Party or who has theright <strong>of</strong> permanent residence in the territory <strong>of</strong> that State Party at the time <strong>of</strong> return.“[1 bis. Each State Party shall consider the possibility <strong>of</strong> facilitating and acceptingthe return <strong>of</strong> a person who had the right <strong>of</strong> permanent residence in the territory<strong>of</strong> that State Party at the time <strong>of</strong> entry into the receiving State in accordance with itsdomestic law.]“2. At the request <strong>of</strong> the receiving State Party, the State Party concerned shall,without undue or unreasonable delay, verify whether a person who has been the object<strong>of</strong> conduct set forth in article 4 <strong>of</strong> the Protocol is a national <strong>of</strong> the requested StateParty or has the right <strong>of</strong> permanent residence in the territory <strong>of</strong> the requested StateParty.“3. In order to facilitate the return <strong>of</strong> a person who has been the object <strong>of</strong> conductset forth in article 4 <strong>of</strong> the Protocol without proper <strong>document</strong>ation, the StateParty <strong>of</strong> which the person is a national or in the territory <strong>of</strong> which the person hasthe right <strong>of</strong> permanent residence shall agree to issue, at the request <strong>of</strong> the receivingState Party, such travel <strong>document</strong>s or other authorization as may be necessary toenable the person’s travel to and re-entry into its territory.“4. Each State Party involved with the return <strong>of</strong> a person who has been theobject <strong>of</strong> conduct set forth in article 4 <strong>of</strong> the Protocol shall take all appropriate measuresto carry out the return in an orderly manner and with due regard for the safetyand dignity <strong>of</strong> the person.“5. This article shall not affect the obligations entered into under any otherapplicable treaty, bilateral or multilateral, or any other applicable operational agreementor arrangement that governs, in whole or in part, the return <strong>of</strong> persons whohave been the subject <strong>of</strong> conduct set forth in article 4 <strong>of</strong> <strong>this</strong> Protocol.“6. States Parties may cooperate with relevant international organizationsregarding the implementation <strong>of</strong> <strong>this</strong> article.“7. The provisions <strong>of</strong> <strong>this</strong> article shall be without prejudice to any right affordedto the smuggled migrant by any domestic law <strong>of</strong> the receiving State.”

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