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576 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“2. If more than one State Party intends to resume jurisdiction over an alleged<strong>of</strong>fender in accordance with paragraph 1 <strong>of</strong> <strong>this</strong> article and with article 9 <strong>of</strong> theConvention, the States Parties concerned shall consult each other with a view torenouncing jurisdiction in order to render possible proceedings in the territory <strong>of</strong> theState Party most directly affected by the commission <strong>of</strong> the smuggling <strong>of</strong> migrants.” 2Notes by the Secretariat2. The <strong>version</strong> <strong>of</strong> article 6 contained in <strong>document</strong> A/AC.254/4/Add.1/Rev.1 remainedunchanged in the intermediate drafts <strong>of</strong> the protocol (A/AC.254/4/Add.1/Revs.2-4).Rolling text (A/AC.254/4/Add.1/Rev.5)Eighth session: 21 February-3 March 2000“Article 6“Jurisdiction“1. Each State Party shall take legislative measures to establish its jurisdictionover the <strong>of</strong>fences mentioned in article 4 <strong>of</strong> <strong>this</strong> Protocol in accordance with article 9<strong>of</strong> the Convention.“2. If more than one State Party intends to assume jurisdiction over an alleged<strong>of</strong>fender in accordance with paragraph 1 <strong>of</strong> <strong>this</strong> article and with article 9 <strong>of</strong> theConvention, the States Parties concerned shall consult each other with a view torenouncing jurisdiction in order to render possible proceedings in the territory <strong>of</strong> theState Party most directly affected by the commission <strong>of</strong> the smuggling <strong>of</strong> migrants.”Notes by the Secretariat3. At the eleventh session <strong>of</strong> the Ad Hoc Committee, it was decided to delete <strong>this</strong>article in view <strong>of</strong> the mutatis mutandis application <strong>of</strong> the corresponding provision <strong>of</strong> theconvention against transnational organized crime in cases related to the protocol.4. The proposal submitted by Austria and Italy (A/AC.254/4/Add.1), contained oneadditional provision related to jurisdictional issues, which read as follows:“Article M“Articles F-K above shall apply when:“(a) The vessel on which the trafficking and transport <strong>of</strong> migrants is under wayis entering into the territorial waters <strong>of</strong> a Contracting Party;“(b) There are reasonable grounds to suspect that such vessel is bound for enteringinto the territorial waters or otherwise procuring the illegal entry <strong>of</strong> migrants intothe territory <strong>of</strong> a Contracting Party.”This provision was eventually dropped and not discussed during the negotiations.2Some delegations were <strong>of</strong> the view that <strong>this</strong> paragraph should be made consistent with article 9 <strong>of</strong> the convention.

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