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Part Four. Deleted articles 729Canada (A/AC.254/4/Add.2)JurisdictionNegotiation textsFirst session: 19-29 January 1999“Article VI“Jurisdiction“Each State Party shall adopt such measures as may be necessary to establishits jurisdiction, in accordance with article 9 <strong>of</strong> the Convention, over the <strong>of</strong>fences thatit has established pursuant to <strong>this</strong> Protocol.”Rolling text (A/AC.254/4/Add.2/Rev.1)“Option 1“Article VI“Jurisdiction 4“Each State Party shall adopt such measures as may be necessary [within its ownnational legislation] 5 to establish its jurisdiction, in accordance with article 9 <strong>of</strong> theConvention, over the <strong>of</strong>fences that it has established pursuant to <strong>this</strong> Protocol.“Option 2 6“1. Each State Party shall adopt such measures as may be necessary to establishits jurisdiction over the <strong>of</strong>fences that it has established in accordance with <strong>this</strong>Protocol when the <strong>of</strong>fence in question is committed in its territory.“2. Each State Party may adopt such measures as may be necessary to establishits jurisdiction over the <strong>of</strong>fences that it has established in accordance with <strong>this</strong>Convention when the <strong>of</strong>fence is committed by one <strong>of</strong> its nationals or by a personwho habitually resides in its territory.“3. Each State Party shall adopt such measures as may be necessary to establishits jurisdiction over the <strong>of</strong>fences that it has established in accordance with <strong>this</strong>Convention when the alleged criminal is present in its territory and it does not extraditesuch person to another country on the basis <strong>of</strong> the nationality <strong>of</strong> the alleged<strong>of</strong>fender.“4. This Protocol does not preclude the application <strong>of</strong> any other rule <strong>of</strong>criminal jurisdiction established by a State Party under its domestic law.”4It was considered that, depending on the final draft <strong>of</strong> the convention, <strong>this</strong> provision might not be necessary or mightrequire modification.5Addition proposed by Ecuador.6Alternative proposed by Mexico (see A/AC.254/5/Add.1 and Corr.1). The United Kingdom <strong>of</strong> Great Britain andNorthern Ireland also suggested that <strong>this</strong> provision could be extended to include a provision allowing States parties to maintainjurisdiction over their nationals who had committed no <strong>of</strong>fence in their home country but had engaged in illicit armstrafficking abroad (see A/AC.254/5/Add.1 and Corr.1).

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