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II.3.120 (SUA PROT 1988) PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF FIXED PLATFORMS LOCATED ON THE CONTINENTAL SHELF, 1988

The Ratification of Maritime Conventions

Chapter I.3.120

PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF FIXED PLATFORMS LOCATED ON THE CONTINENTAL SHELF, 1988

ADOPTED: Done at Rome, 10 March 1988
REFERENCE: SUA PROT, 1988
ENTERED INTO FORCE: 1 March 1992
DEPOSITARY: IMO, London
SECRETARY: IMO, London

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, ACCESSION

Article V

1. This Protocol shall be open for signature at Rome on 10 March 1988 and at the Headquarters of the International Maritime Organization (hereinafter referred to as “the Organization”) from 14 March 1988 to 9 March 1989 by any State which has signed the Convention. It shall thereafter remain open for accession.

2. States may express their consent to be bound by this Protocol by:

  • (a) signature without reservation as to ratification, acceptance or approval; or
  • (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
  • (c) accession.

3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

4. Only a State which has signed the Convention without reservation as to ratification, acceptance or approval, or has ratified, accepted, approved or acceded to the Convention may become a Party to this Protocol.

ENTRY INTO FORCE

Article VI

1. This Protocol shall enter into force ninety days following the date on which three States have either signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession in respect thereof. However, this Protocol shall not enter into force before the Convention has entered into force.

2. For a State which deposits an instrument of ratification, acceptance, approval or accession in respect of this Protocol after the conditions for entry into force thereof have been met, the ratification, acceptance, approval or accession shall take effect ninety days after the date of such deposit.

DENUNCIATION

Article VII

1. This Protocol may be denounced by any State at any time after the expiry of one year from the date on which this Protocol enters into force for that State.

2. Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General.

3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.

4. A denunciation of the Convention by a State Party shall be deemed to be a denunciation of this Protocol by that Party.

AMENDMENTS

Article VIII

1. A conference for the purpose of revising or amending this Protocol may be convened by the Organization.

2. The Secretary-General shall convene a conference of the States Parties to this Protocol for revising or amending the Protocol, at the request of one third of the States Parties, or five States Parties, whichever is the higher figure.

3. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Protocol as amended.

DECLARATIONS, RESERVATIONS AND STATEMENTS

Canada

Pursuant to the provisions of article 3, paragraph 2, of the Protocol, the Secretary-General has been informed that Canada has established jurisdiction over offences in all of the cases cited in article 3, paragraph 2, of the Protocol.

China

The following statement was made at the time of signature of the Convention:

[translation] “The People’s Republic of China shall not be bound by paragraph 1 of article XVI of the said Convention”

Egypt

The instrument of ratification of the Arab Republic of Egypt was accompanied by the following reservations:

[translation] “1. A reservation is made to article 16 on the peaceful settlement of disputes because it provides for the binding jurisdiction of the International Court of Justice, and also with regard to the application of the Convention to seagoing ships in internal waters which are scheduled to navigate beyond territorial waters.

2. A reservation is made to article 6, paragraph 2, of the Convention and article 3, paragraph 2, of the Protocol because those articles permit the optional jurisdiction of blackmailed States (which are asked by the perpetrator of an act of terrorism to do or abstain from doing any act).

This is in compliance with the provision of paragraph 4 of each of the two articles.”

France

The instrument of approval of the French Republic contained the following declarations:

[translation] “1. As far as article 3, paragraph 2, is concerned, the French Republic understands by ‘tentative’, ‘incitation’, ‘complicité’ and ‘menace’, la tentative, l’incitation, la complicité’ and la menace as defined in the conditions envisaged by French criminal law.

2. The French Republic does not consider itself bound by the provisions of article 16, paragraph 1, according to which: ‘Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court’.”

German Democratic Republic

The instrument of accession of the German Democratic Republic was accompanied by the following reservation in the German language:

[translation] “In accordance with article XVI, paragraph 2, of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, the provisions of which shall also apply mutatis mutandis to the Protocol according to article I, paragraph 1, of the Protocol, the German Democratic Republic declares that it does not consider itself bound by article XVI, paragraph 1, of the Convention as regards the Protocol.”

Iraq

The following statement was made at the time of signature of the Convention:

[translation] “This signature does not in any way imply recognition of Israel or entry into any relationship with it.”

Mexico

The instrument of accession of the United Mexican States contained the following reservation:

[translation] “Mexico’s accession to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988, and to its Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988, is on the understanding that in matters relating to extradition both article 11 of the Convention and article 3 of the Protocol will be applied in the Republic of Mexico subject to the modalities and procedures laid down in the applicable provisions of national law.”

Netherlands

The instrument of acceptance of the Kingdom of the Netherlands contained the following reservation:

“With regard to the obligation laid down in article 1 of the Protocol in conjunction with article 10 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation to exercise jurisdiction in cases where the judicial authorities of the Netherlands cannot exerise jurisdiction on any of the grounds referred to in article 3, paragraph 1, of the Protocol, the Government of the Kingdom of the Netherlands reserves the right to be bound to exercise such jurisdiction only after the Kingdom has received and rejected a request for extradition from a State Party.”

United Kingdom

The instrument of ratification of the United Kingdom of Great Britain and Northern Ireland was accompanied by the following declaration:

“. . . that until consultations with various territories under the territorial sovereignty of the United Kingdom are completed, the Convention and Protocol will apply in respect of the United Kingdom of Great Britain and Northern Ireland only. Consultations with the territories are in hand and are expected to be completed by the end of 1991.”

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