2005 PROTOCOL TO THE CONVENTION FOR THE SUPPRESSION

OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME

NAVIGATION
Adopted in London, United Kingdom on 14 October 2005

PREAMBLE ............................................................................................................................................. 2
ARTICLE 1 .............................................................................................................................................. 3
ARTICLE 2 .............................................................................................................................................. 4
ARTICLE 3 .............................................................................................................................................. 5
ARTICLE 4 .............................................................................................................................................. 6
ARTICLE 5 .............................................................................................................................................. 8
ARTICLE 6 .............................................................................................................................................. 8
ARTICLE 7 .............................................................................................................................................. 9
ARTICLE 8 ............................................................................................................................................ 10
ARTICLE 9 ............................................................................................................................................ 14
ARTICLE 10 .......................................................................................................................................... 14
ARTICLE 11 .......................................................................................................................................... 15
ARTICLE 12 .......................................................................................................................................... 16
ARTICLE 13 .......................................................................................................................................... 16
ARTICLE 14 .......................................................................................................................................... 16
ARTICLE 15 .......................................................................................................................................... 16
ARTICLE 16 .......................................................................................................................................... 17
FINAL CLAUSES .................................................................................................................................. 17
ARTICLE 17 SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION ......... 17
ARTICLE 18 ENTRY INTO FORCE ..................................................................................................... 17
ARTICLE 19 DENUNCIATION.............................................................................................................. 18
ARTICLE 20 REVISION AND AMENDMENT ....................................................................................... 18
ARTICLE 21 DECLARATIONS ............................................................................................................. 18
ARTICLE 22 AMENDMENTS TO THE ANNEX.................................................................................... 19
ARTICLE 23 DEPOSITARY .................................................................................................................. 19
ARTICLE 24 LANGUAGES................................................................................................................... 20

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2005 PROTOCOL TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF
MARITIME NAVIGATION

2005 PROTOCOL TO THE CONVENTION FOR THE SUPPRESSION

OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME
NAVIGATION
Adopted in London, United Kingdom on 14 October 2005

PREAMBLE
THE STATES PARTIES to this Protocol,

BEING PARTIES to the Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation done at Rome on 10 March 1988,

ACKNOWLEDGING that terrorist acts threaten international peace and security,

MINDFUL of resolution A.924 (22) of the Assembly of the International Maritime Organization
requesting the revision of existing international legal and technical measures and the consideration of
new measures in order to prevent and suppress terrorism against ships and to improve security
aboard and ashore, and thereby to reduce the risk to passengers, crews and port personnel on board
ships and in port areas and to vessels and their cargoes,

CONSCIOUS of the Declaration on Measures to Eliminate International Terrorism, annexed to United

Nations General Assembly resolution 49/60 of 9 December 1994, in which, inter alia, the States
Members of the United Nations solemnly reaffirm their unequivocal condemnation of all acts, methods
and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed,
including those which jeopardize the friendly relations among States and peoples and threaten the
territorial integrity and security of States,

NOTING United Nations General Assembly resolution 51/210 of 17 December 1996 and the
Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism
annexed thereto,

RECALLING resolutions 1368 (2001) and 1373 (2001) of the United Nations Security Council, which
reflect international will to combat terrorism in all its forms and manifestations, and which assigned
tasks and responsibilities to States, and taking into account the continued threat from terrorist attacks,

RECALLING ALSO resolution 1540 (2004) of the United Nations Security Council, which recognizes
the urgent need for all States to take additional effective measures to prevent the proliferation of
nuclear, chemical or biological weapons and their means of delivery,

RECALLING FURTHER the Convention on Offences and Certain Other Acts Committed on Board
Aircraft, done at Tokyo on 14 September 1963; the Convention for the Suppression of Unlawful
Seizure of Aircraft, done at The Hague on 16 December 1970; the Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971; the
Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons,
including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14
December 1973; the International Convention against the Taking of Hostages, adopted by the
General Assembly of the United Nations on 17 December 1979; the Convention on the Physical
Protection of Nuclear Material, done at Vienna on 26 October 1979 and amendments thereto adopted

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on 8 July 2005; the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts
against the Safety of Civil Aviation, done at Montreal on 24 February 1988; the Protocol for the
Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf,
done at Rome on 10 March 1988; the Convention on the Marking of Plastic Explosives for the
Purpose of Detection, done at Montreal on 1 March 1991; the International Convention for the
Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15
December 1997; the International Convention for the Suppression of the Financing of Terrorism,
adopted by the General Assembly of the United Nations on 9 December 1999, and the International
Convention for the Suppression of Acts of Nuclear Terrorism adopted by the General Assembly of the
United Nations on 13 April 2005,

BEARING IN MIND the importance of the United Nations Convention on the Law of the Sea done at
Montego Bay, on 10 December 1982, and of the customary international law of the sea,

CONSIDERING resolution 59/46 of the United Nations General Assembly, which reaffirmed that
international co-operation as well as actions by States to combat terrorism should be conducted in
conformity with the principles of the Charter of the United Nations, international law and relevant
international conventions, and resolution 59/24 of the United Nations General Assembly, which urged
States to become parties to the Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation and its Protocol, invited States to participate in the review of those instruments by
the Legal Committee of the International Maritime Organization to strengthen the means of combating
such unlawful acts, including terrorist acts, and also urged States to take appropriate measures to
ensure the effective implementation of those instruments, in particular through the adoption of
legislation, where appropriate, aimed at ensuring that there is a proper framework for responses to
incidents of armed robbery and terrorist acts at sea,

CONSIDERING ALSO the importance of the amendments to the International Convention for the
Safety of Life at Sea, 1974, and of the International Ship and Port Facility Security (ISPS) Code, both
adopted by the 2002 Conference of Contracting Governments to that Convention, in establishing an
appropriate international technical framework involving co-operation between Governments,
Government agencies, national and local administrations and the shipping and port industries to
detect security threats and take preventative measures against security incidents affecting ships or
port facilities used in international trade,

CONSIDERING FURTHER resolution 58/187 of the United Nations General Assembly, which
reaffirmed that States must ensure that any measure taken to combat terrorism complies with their
obligations under international law, in particular international human rights, refugee and humanitarian
law,

BELIEVING that it is necessary to adopt provisions supplementary to those of the Convention, to

suppress additional terrorist acts of violence against the safety and security of international maritime
navigation and to improve its effectiveness,

HAVE AGREED as follows:

ARTICLE 1
For the purposes of this Protocol:

1 “Convention” means the Convention for the Suppression of Unlawful Acts against the Safety
of Maritime Navigation, done at Rome on 10 March 1988.

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2 “Organization” means the International Maritime Organization (IMO).

3 “Secretary-General” means the Secretary-General of the Organization.

ARTICLE 2
Article 1 of the Convention is amended to read as follows:

Article 1

1. For the purposes of this Convention:

(a) “ship” means a vessel of any type whatsoever not permanently attached to the sea-bed,
including dynamically supported craft, submersibles, or any other floating craft.

(b) “transport” means to initiate, arrange or exercise effective control, including decision-
making authority, over the movement of a person or item.

(c) “serious injury or damage” means:

(i) serious bodily injury; or

(ii) extensive destruction of a place of public use, State or government facility,

infrastructure facility, or public transportation system, resulting in major economic
loss; or

(iii) substantial damage to the environment, including air, soil, water, fauna, or flora.

(d) “BCN weapon” means:

(i) “biological weapons”, which are:

(1) microbial or other biological agents, or toxins whatever their origin or method of
production, of types and in quantities that have no justification for prophylactic,
protective or other peaceful purposes; or

(2) weapons, equipment or means of delivery designed to use such agents or toxins
for hostile purposes or in armed conflict.

(ii) “chemical weapons”, which are, together or separately:

(1) toxic chemicals and their precursors, except where intended for:

(A) industrial, agricultural, research, medical, pharmaceutical or other peaceful

purposes; or

(B) protective purposes, namely those purposes directly related to protection

against toxic chemicals and to protection against chemical weapons; or

(C) military purposes not connected with the use of chemical weapons and not
dependent on the use of the toxic properties of chemicals as a method of
warfare; or

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(D) law enforcement including domestic riot control purposes, as long as the
types and quantities are consistent with such purposes;

(2) munitions and devices specifically designed to cause death or other harm through
the toxic properties of those toxic chemicals specified in subparagraph (ii)(1),
which would be released as a result of the employment of such munitions and
devices;

(3) any equipment specifically designed for use directly in connection with the
employment of munitions and devices specified in subparagraph (ii)(2).

(iii) nuclear weapons and other nuclear explosive devices.

(e) “toxic chemical” means any chemical which through its chemical action on life processes
can cause death, temporary incapacitation or permanent harm to humans or animals.
This includes all such chemicals, regardless of their origin or of their method of
production, and regardless of whether they are produced in facilities, in munitions or
elsewhere.

(f) “precursor” means any chemical reactant which takes part at any stage in the production
by whatever method of a toxic chemical. This includes any key component of a binary or
multicomponent chemical system.

(g) “Organization” means the International Maritime Organization (IMO).

(h) “Secretary-General” means the Secretary-General of the Organization.

2. For the purposes of this Convention:

(a) the terms “place of public use”, “State or government facility”, “infrastructure facility”, and
“public transportation system” have the same meaning as given to those terms in the
International Convention for the Suppression of Terrorist Bombings, done at New York on
15 December 1997; and

(b) the terms “source material” and “special fissionable material” have the same meaning as
given to those terms in the Statute of the International Atomic Energy Agency (IAEA),
done at New York on 26 October 1956.

ARTICLE 3
The following text is added as article 2bis of the Convention:

Article 2bis

1. Nothing in this Convention shall affect other rights, obligations and responsibilities of States
and individuals under international law, in particular the purposes and principles of the
Charter of the United Nations and international human rights, refugee and humanitarian law.

2. This Convention does not apply to the activities of armed forces during an armed conflict, as
those terms are understood under international humanitarian law, which are governed by that
law, and the activities undertaken by military forces of a State in the exercise of their official
duties, inasmuch as they are governed by other rules of international law.

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3. Nothing in this Convention shall affect the rights, obligations and responsibilities under the
Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London and
Moscow on 1 July 1968, the Convention on the Prohibition of the Development, Production
and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction,
done at Washington, London and Moscow on 10 April 1972, or the Convention on the
Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and
on their Destruction, done at Paris on 13 January 1993, of States Parties to such treaties.

ARTICLE 4
1 The chapeau of article 3, paragraph 1 of the Convention is replaced by the following text:

Any person commits an offence within the meaning of this Convention if that person
unlawfully and intentionally:

2 Article 3, paragraph 1(f) of the Convention is replaced by the following text:

(f) communicates information which that person knows to be false, thereby endangering the
safe navigation of a ship.

3 Article 3, paragraph 1(g) of the Convention is deleted.

4 Article 3, paragraph 2 of the Convention is replaced by the following text:

2. Any person also commits an offence if that person threatens, with or without a condition,
as is provided for under national law, aimed at compelling a physical or juridical person to
do or refrain from doing any act, to commit any of the offences set forth in paragraphs 1
(b), (c), and (e), if that threat is likely to endanger the safe navigation of the ship in
question.

5 The following text is added as article 3bis of the Convention:

Article 3bis

1. Any person commits an offence within the meaning of this Convention if that person
unlawfully and intentionally:

(a) when the purpose of the act, by its nature or context, is to intimidate a population, or
to compel a government or an international organization to do or to abstain from
doing any act:

(i) uses against or on a ship or discharges from a ship any explosive, radioactive
material or BCN weapon in a manner that causes or is likely to cause death or
serious injury or damage; or

(ii) discharges, from a ship, oil, liquefied natural gas, or other hazardous or noxious
substance, which is not covered by subparagraph (a)(i), in such quantity or
concentration that causes or is likely to cause death or serious injury or damage;
or

(iii) uses a ship in a manner that causes death or serious injury or damage; or

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(iv) threatens, with or without a condition, as is provided for under national law, to
commit an offence set forth in subparagraph (a)(i), (ii) or (iii); or

(b) transports on board a ship:

(i) any explosive or radioactive material, knowing that it is intended to be used to cause,
or in a threat to cause, with or without a condition, as is provided for under national
law, death or serious injury or damage for the purpose of intimidating a population, or
compelling a government or an international organization to do or to abstain from
doing any act; or

(ii) any BCN weapon, knowing it to be a BCN weapon as defined in article 1; or (iii) any
source material, special fissionable material, or equipment or material especially
designed or prepared for the processing, use or production of special fissionable
material, knowing that it is intended to be used in a nuclear explosive activity or in any
other nuclear activity not under safeguards pursuant to an IAEA comprehensive
safeguards agreement; or

(iii) any equipment, materials or software or related technology that significantly

contributes to the design, manufacture or delivery of a BCN weapon, with the
intention that it will be used for such purpose.

2. It shall not be an offence within the meaning of this Convention to transport an item or
material covered by paragraph 1(b)(iii) or, insofar as it relates to a nuclear weapon or
other nuclear explosive device, paragraph 1(b)(iv), if such item or material is transported
to or from the territory of, or is otherwise transported under the control of, a State Party to
the Treaty on the Non-Proliferation of Nuclear Weapons where:

(a) the resulting transfer or receipt, including internal to a State, of the item or material is not
contrary to such State Party's obligations under the Treaty on the Non-Proliferation of
Nuclear Weapons and,

(b) if the item or material is intended for the delivery system of a nuclear weapon or other
nuclear explosive device of a State Party to the Treaty on the Non-Proliferation of Nuclear
Weapons, the holding of such weapon or device is not contrary to that State Party’s
obligations under that Treaty.

6 The following text is added as article 3ter of the Convention:

Article 3ter

Any person commits an offence within the meaning of this Convention if that person unlawfully and
intentionally transports another person on board a ship knowing that the person has committed an act
that constitutes an offence set forth in article 3, 3bis or 3quater or an offence set forth in any treaty
listed in the Annex, and intending to assist that person to evade criminal prosecution.

7 The following text is added as article 3quater of the Convention:

Article 3quater

Any person also commits an offence within the meaning of this Convention if that person:

(a) unlawfully and intentionally injures or kills any person in connection with the commission
of any of the offences set forth in article 3, paragraph 1, article 3bis, or article 3ter; or

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(b) attempts to commit an offence set forth in article 3, paragraph 1, article 3bis, paragraph
1(a)(i), (ii) or (iii), or subparagraph (a) of this article; or

(c) participates as an accomplice in an offence set forth in article 3, article 3bis, article 3ter,
or subparagraph (a) or (b) of this article; or

(d) organizes or directs others to commit an offence set forth in article 3, article 3bis, article
3ter, or subparagraph (a) or (b) of this article; or

(e) contributes to the commission of one or more offences set forth in article 3, article 3bis,
article 3ter or subparagraph (a) or (b) of this article, by a group of persons acting with a
common purpose, intentionally and either:

(i) with the aim of furthering the criminal activity or criminal purpose of the group, where
such activity or purpose involves the commission of an offence set forth in article 3,
3bis or 3ter; or

(ii) in the knowledge of the intention of the group to commit an offence set forth in article
3, 3bis or 3ter.

ARTICLE 5
1 Article 5 of the Convention is replaced by the following text:

Each State Party shall make the offences set forth in articles 3, 3bis, 3ter and 3quater punishable by
appropriate penalties which take into account the grave nature of those offences.

2 The following text is added as article 5bis of the Convention:

Article 5bis

1. Each State Party, in accordance with its domestic legal principles, shall take the
necessary measures to enable a legal entity located in its territory or organized under its
laws to be held liable when a person responsible for management or control of that legal
entity has, in that capacity, committed an offence set forth in this Convention. Such
liability may be criminal, civil or administrative.

2. Such liability is incurred without prejudice to the criminal liability of individuals having
committed the offences.

3. Each State Party shall ensure, in particular, that legal entities liable in accordance with
paragraph 1 are subject to effective, proportionate and dissuasive criminal, civil or
administrative sanctions. Such sanctions may include monetary sanctions.

ARTICLE 6
1 The chapeau of article 6, paragraph 1 of the Convention is replaced by the following text:

1. Each State Party shall take such measures as may be necessary to establish its
jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater when the
offence is committed:

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2 Article 6, paragraph 3 of the Convention is replaced by the following text:

3. Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify
the Secretary-General. If such State Party subsequently rescinds that jurisdiction, it shall
notify the Secretary-General.

3 Article 6, paragraph 4 of the Convention is replaced by the following text:

4. Each State Party shall take such measures as may be necessary to establish its
jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater in cases where
the alleged offender is present in its territory and it does not extradite the alleged offender
to any of the States Parties which have established their jurisdiction in accordance with
paragraphs 1 and 2 of this article.

ARTICLE 7
The following text is added as the Annex to the Convention:

ANNEX

1. Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16
December 1970.

2. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at
Montreal on 23 September 1971.

3. Convention on the Prevention and Punishment of Crimes against Internationally Protected

Persons, including Diplomatic Agents, adopted by the General Assembly of the United
Nations on 14 December 1973.

4. International Convention against the Taking of Hostages, adopted by the General Assembly
of the United Nations on 17 December 1979.

5. Convention on the Physical Protection of Nuclear Material, done at Vienna on 26 October

1979.

6. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation, done at Montreal on 24 February 1988.

7. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located
on the Continental Shelf, done at Rome on 10 March 1988.

8. International Convention for the Suppression of Terrorist Bombings, adopted by the General
Assembly of the United Nations on 15 December 1997.

9. International Convention for the Suppression of the Financing of Terrorism, adopted by the
General Assembly of the United Nations on 9 December 1999.

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ARTICLE 8
1 Article 8, paragraph 1 of the Convention is replaced by the following text:

1. The master of a ship of a State Party (the “flag State”) may deliver to the authorities of
any other State Party (the “receiving State”) any person who the master has reasonable
grounds to believe has committed an offence set forth in article 3, 3bis, 3ter, or 3quater.

2 The following text is added as article 8bis of the Convention:

Article 8bis

1. States Parties shall co-operate to the fullest extent possible to prevent and suppress
unlawful acts covered by this Convention, in conformity with international law, and shall
respond to requests pursuant to this article as expeditiously as possible.

2. Each request pursuant to this article should, if possible, contain the name of the suspect
ship, the IMO ship identification number, the port of registry, the ports of origin and
destination, and any other relevant information. If a request is conveyed orally, the
requesting Party shall confirm the request in writing as soon as possible. The requested
Party shall acknowledge its receipt of any written or oral request immediately.

3. States Parties shall take into account the dangers and difficulties involved in boarding a
ship at sea and searching its cargo, and give consideration to whether other appropriate
measures agreed between the States concerned could be more safely taken in the next
port of call or elsewhere.

4. A State Party that has reasonable grounds to suspect that an offence set forth in article 3,
3bis, 3ter or 3quater has been, is being or is about to be committed involving a ship flying
its flag, may request the assistance of other States Parties in preventing or suppressing
that offence. The States Parties so requested shall use their best endeavours to render
such assistance within the means available to them.

5. Whenever law enforcement or other authorized officials of a State Party (“the requesting
Party”) encounter a ship flying the flag or displaying marks of registry of another State
Party (“the first Party”) located seaward of any State’s territorial sea, and the requesting
Party has reasonable grounds to suspect that the ship or a person on board the ship has
been, is or is about to be involved in the commission of an offence set forth in article 3,
3bis, 3ter or 3quater, and the requesting Party desires to board

(a) it shall request, in accordance with paragraphs 1 and 2 that the first Party confirm the
claim of nationality, and

(b) if nationality is confirmed, the requesting Party shall ask the first Party (hereinafter
referred to as “the flag State”) for authorization to board and to take appropriate
measures with regard to that ship which may include stopping, boarding and
searching the ship, its cargo and persons on board, and questioning the persons on
board in order to determine if an offence set forth in article 3, 3bis, 3ter or 3quater has
been, is being or is about to be committed, and

(c) the flag State shall either:

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(i) authorize the requesting Party to board and to take appropriate measures set out
in subparagraph (b), subject to any conditions it may impose in accordance with
paragraph 7; or

(ii) conduct the boarding and search with its own law enforcement or other officials;
or

(iii) conduct the boarding and search together with the requesting Party, subject to
any conditions it may impose in accordance with paragraph 7; or

(iv) decline to authorize a boarding and search.

The requesting Party shall not board the ship or take measures set out in
subparagraph (b) without the express authorization of the flag State.

(d) Upon or after depositing its instrument of ratification, acceptance, approval or

accession, a State Party may notify the Secretary-General that, with respect to ships
flying its flag or displaying its mark of registry, the requesting Party is granted
authorization to board and search the ship, its cargo and persons on board, and to
question the persons on board in order to locate and examine documentation of its
nationality and determine if an offence set forth in article 3, 3bis, 3ter or 3quater has
been, is being or is about to be committed, if there is no response from the first Party
within four hours of acknowledgement of receipt of a request to confirm nationality.

(e) Upon or after depositing its instrument of ratification, acceptance, approval or

accession, a State Party may notify the Secretary-General that, with respect to ships
flying its flag or displaying its mark of registry, the requesting Party is authorized to
board and search a ship, its cargo and persons on board, and to question the
persons on board in order to determine if an offence set forth in article 3, 3bis, 3ter or
3quater has been, is being or is about to be committed.

The notifications made pursuant to this paragraph can be withdrawn at any time.

6. When evidence of conduct described in article 3, 3bis, 3ter or 3quater is found as the
result of any boarding conducted pursuant to this article, the flag State may authorize the
requesting Party to detain the ship, cargo and persons on board pending receipt of
disposition instructions from the flag State. The requesting Party shall promptly inform the
flag State of the results of a boarding, search, and detention conducted pursuant to this
article. The requesting Party shall also promptly inform the flag State of the discovery of
evidence of illegal conduct that is not subject to this Convention.

7. The flag State, consistent with the other provisions of this Convention, may subject its
authorization under paragraph 5 or 6 to conditions, including obtaining additional
information from the requesting Party, and conditions relating to responsibility for and the
extent of measures to be taken. No additional measures may be taken without the
express authorization of the flag State, except when necessary to relieve imminent
danger to the lives of persons or where those measures derive from relevant bilateral or
multilateral agreements.

8. For all boardings pursuant to this article, the flag State has the right to exercise
jurisdiction over a detained ship, cargo or other items and persons on board, including
seizure, forfeiture, arrest and prosecution. However, the flag State may, subject to its

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constitution and laws, consent to the exercise of jurisdiction by another State having
jurisdiction under article 6.

9. When carrying out the authorized actions under this article, the use of force shall be
avoided except when necessary to ensure the safety of its officials and persons on board,
or where the officials are obstructed in the execution of the authorized actions. Any use
of force pursuant to this article shall not exceed the minimum degree of force which is
necessary and reasonable in the circumstances.

10. Safeguards:

(a) Where a State Party takes measures against a ship in accordance with this
article, it shall:

(i) take due account of the need not to endanger the safety of life at sea;

(ii) ensure that all persons on board are treated in a manner which preserves
their basic human dignity, and in compliance with the applicable provisions of
international law, including international human rights law;

(iii) ensure that a boarding and search pursuant to this article shall be conducted
in accordance with applicable international law;

(iv) take due account of the safety and security of the ship and its cargo;

(v) take due account of the need not to prejudice the commercial or legal
interests of the flag State;

(vi) ensure, within available means, that any measure taken with regard to the
ship or its cargo is environmentally sound under the circumstances;

(vii) ensure that persons on board against whom proceedings may be

commenced in connection with any of the offences set forth in article 3, 3bis,
3ter or 3quater are afforded the protections of paragraph 2 of article 10,
regardless of location;

(viii) ensure that the master of a ship is advised of its intention to board, and is, or
has been, afforded the opportunity to contact the ship’s owner and the flag
State at the earliest opportunity; and

(ix) take reasonable efforts to avoid a ship being unduly detained or delayed.

(b) Provided that authorization to board by a flag State shall not per se give rise to its
liability, States Parties shall be liable for any damage, harm or loss attributable to
them arising from measures taken pursuant to this article when:

(i) the grounds for such measures prove to be unfounded, provided that the ship
has not committed any act justifying the measures taken; or

(ii) such measures are unlawful or exceed those reasonably required in light of
available information to implement the provisions of this article. States Parties
shall provide effective recourse in respect of such damage, harm or loss.

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(c) Where a State Party takes measures against a ship in accordance with this
Convention, it shall take due account of the need not to interfere with or to affect:

(i) the rights and obligations and the exercise of jurisdiction of coastal States in
accordance with the international law of the sea; or

(ii) the authority of the flag State to exercise jurisdiction and control in
administrative, technical and social matters involving the ship.

(d) Any measure taken pursuant to this article shall be carried out by law
enforcement or other authorized officials from warships or military aircraft, or from
other ships or aircraft clearly marked and identifiable as being on government
service and authorized to that effect and, notwithstanding articles 2 and 2bis, the
provisions of this article shall apply.

(e) For the purposes of this article “law enforcement or other authorized officials”
means uniformed or otherwise clearly identifiable members of law enforcement or
other government authorities duly authorized by their government. For the
specific purpose of law enforcement under this Convention, law enforcement or
other authorized officials shall provide appropriate government-issued
identification documents for examination by the master of the ship upon boarding.

11. This article does not apply to or limit boarding of ships conducted by any State Party
in accordance with international law, seaward of any State’s territorial sea, including
boardings based upon the right of visit, the rendering of assistance to persons, ships
and property in distress or peril, or an authorization from the flag State to take law
enforcement or other action.

12. States Parties are encouraged to develop standard operating procedures for joint
operations pursuant to this article and consult, as appropriate, with other States
Parties with a view to harmonizing such standard operating procedures for the
conduct of operations.

13. States Parties may conclude agreements or arrangements between them to facilitate
law enforcement operations carried out in accordance with this article.

14. Each State Party shall take appropriate measures to ensure that its law enforcement
or other authorized officials, and law enforcement or other authorized officials of other
States Parties acting on its behalf, are empowered to act pursuant to this article.

15. Upon or after depositing its instrument of ratification, acceptance, approval or

accession, each State Party shall designate the authority, or, where necessary,
authorities to receive and respond to requests for assistance, for confirmation of
nationality, and for authorization to take appropriate measures. Such designation,
including contact information, shall be notified to the Secretary-General within one
month of becoming a Party, who shall inform all other States Parties within one month
of the designation. Each State Party is responsible for providing prompt notice
through the Secretary-General of any changes in the designation or contact
information.

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ARTICLE 9
Article 10, paragraph 2 is replaced by the following text:

2. Any person who is taken into custody, or regarding whom any other measures are taken or
proceedings are being carried out pursuant to this Convention, shall be guaranteed fair
treatment, including enjoyment of all rights and guarantees in conformity with the law of the
State in the territory of which that person is present and applicable provisions of international
law, including international human rights law.

ARTICLE 10
1 Article 11, paragraphs 1, 2, 3 and 4 are replaced by the following text:

1. The offences set forth in articles 3, 3bis, 3ter and 3quater shall be deemed to be included
as extraditable offences in any extradition treaty existing between any of the States
Parties. States Parties undertake to include such offences as extraditable offences in
every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives
a request for extradition from another State Party with which it has no extradition treaty,
the requested State Party may, at its option, consider this Convention as a legal basis for
extradition in respect of the offences set forth in articles 3, 3bis, 3ter and 3quater.
Extradition shall be subject to the other conditions provided by the law of the requested
State Party.

3. States Parties which do not make extradition conditional on the existence of a treaty shall
recognize the offences set forth in articles 3, 3bis, 3ter and 3quater as extraditable
offences between themselves, subject to the conditions provided by the law of the
requested State Party.

4. If necessary, the offences set forth in articles 3, 3bis, 3ter and 3quater shall be treated,
for the purposes of extradition between States Parties, as if they had been committed not
only in the place in which they occurred but also in a place within the jurisdiction of the
State Party requesting extradition.

2 The following text is added as article 11bis, of the Convention:

Article 11bis

None of the offences set forth in article 3, 3bis, 3ter or 3quater shall be regarded for the purposes of
extradition or mutual legal assistance as a political offence or as an offence connected with a political
offence or as an offence inspired by political motives. Accordingly, a request for extradition or for
mutual legal assistance based on such an offence may not be refused on the sole ground that it
concerns a political offence or an offence connected with a political offence or an offence inspired by
political motives.

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3 The following text is added as article 11ter of the Convention:

Article 11ter

Nothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford

mutual legal assistance, if the requested State Party has substantial grounds for believing that the
request for extradition for offences set forth in article 3, 3bis, 3ter or 3quater or for mutual legal
assistance with respect to such offences has been made for the purpose of prosecuting or punishing
a person on account of that person’s race, religion, nationality, ethnic origin, political opinion or
gender, or that compliance with the request would cause prejudice to that person’s position for any of
these reasons.

ARTICLE 11
1 Article 12, paragraph 1 of the Convention is replaced by the following text:

1. States Parties shall afford one another the greatest measure of assistance in connection
with criminal proceedings brought in respect of the offences set forth in articles 3, 3bis,
3ter and 3quater, including assistance in obtaining evidence at their disposal necessary
for the proceedings.

2 The following text is added as article 12bis of the Convention:

Article 12bis

1. A person who is being detained or is serving a sentence in the territory of one State Party
whose presence in another State Party is requested for purposes of identification,
testimony or otherwise providing assistance in obtaining evidence for the investigation or
prosecution of offences set forth in article 3, 3bis, 3ter or 3quater may be transferred if the
following conditions are met:

(a) the person freely gives informed consent; and

(b) the competent authorities of both States agree, subject to such conditions as those
States may deem appropriate.

2. For the purposes of this article:

(a) the State to which the person is transferred shall have the authority and obligation to
keep the person transferred in custody, unless otherwise requested or authorized by
the State from which the person was transferred;

(b) the State to which the person is transferred shall without delay implement its
obligation to return the person to the custody of the State from which the person was
transferred as agreed beforehand, or as otherwise agreed, by the competent
authorities of both States;

(c) the State to which the person is transferred shall not require the State from which the
person was transferred to initiate extradition proceedings for the return of the person;

(d) the person transferred shall receive credit for service of the sentence being served in
the State from which the person was transferred for time spent in the custody of the
State to which the person was transferred.

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3. Unless the State Party from which a person is to be transferred in accordance with this
article so agrees, that person, whatever that person’s nationality, shall not be prosecuted
or detained or subjected to any other restriction of personal liberty in the territory of the
State to which that person is transferred in respect of acts or convictions anterior to that
person’s departure from the territory of the State from which such person was transferred.

ARTICLE 12
Article 13 of the Convention is replaced by the following text:

1. States Parties shall co-operate in the prevention of the offences set forth in articles 3, 3bis,
3ter and 3quater, particularly by:

(a) taking all practicable measures to prevent preparation in their respective territories for the
commission of those offences within or outside their territories;

(b) exchanging information in accordance with their national law, and co-ordinating
administrative and other measures taken as appropriate to prevent the commission of
offences set forth in articles 3, 3bis, 3ter and 3quater.

2. When, due to the commission of an offence set forth in article 3, 3bis, 3ter or 3quater, the
passage of a ship has been delayed or interrupted, any State Party in whose territory the ship
or passengers or crew are present shall be bound to exercise all possible efforts to avoid a
ship, its passengers, crew or cargo being unduly detained or delayed.

ARTICLE 13
Article 14 of the Convention is replaced by the following text:

Any State Party having reason to believe that an offence set forth in article 3, 3bis, 3ter or 3quater will
be committed shall, in accordance with its national law, furnish as promptly as possible any relevant
information in its possession to those States which it believes would be the States having established
jurisdiction in accordance with article 6.

ARTICLE 14
Article 15, paragraph 3 of the Convention is replaced by the following text:

3. The information transmitted in accordance with paragraphs 1 and 2 shall be communicated by

the Secretary-General to all States Parties, to Members of the Organization, to other States
concerned, and to the appropriate international intergovernmental organizations.

ARTICLE 15
Interpretation and application

1. The Convention and this Protocol shall, as between the Parties to this Protocol, be read and
interpreted together as one single instrument.

2. Articles 1 to 16 of the Convention, as revised by this Protocol, together with articles 17 to 24

of this Protocol and the Annex thereto, shall constitute and be called the Convention for the

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Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005 (2005 SUA
Convention).

ARTICLE 16
The following text is added as article 16bis of the Convention:

Final clauses of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, 2005

The final clauses of the Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation, 2005 shall be articles 17 to 24 of the Protocol of 2005 to the Convention for the
Suppression of Unlawful Acts against the Safety of Maritime Navigation. References in this
Convention to States Parties shall be taken to mean references to States Parties to that Protocol.

FINAL CLAUSES

ARTICLE 17
SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND
ACCESSION
1. This Protocol shall be open for signature at the Headquarters of the Organization from 14
February 2006 to 13 February 2007 and 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.

ARTICLE 18
ENTRY INTO FORCE
1. This Protocol shall enter into force ninety days following the date on which twelve States have
either signed it without reservation as to ratification, acceptance or approval, or have
deposited an instrument of ratification, acceptance, approval or accession with the Secretary-
General.

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2. For a State which deposits an instrument of ratification, acceptance, approval or accession in

respect of this Protocol after the conditions in paragraph 1 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.

ARTICLE 19
DENUNCIATION
1. This Protocol may be denounced by any State Party at any time after 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 deposit of the instrument with the Secretary-General.

ARTICLE 20
REVISION AND AMENDMENT
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 States Parties to this Protocol for
revising or amending the Protocol, at the request of one third of the States Parties, or ten
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 Protocol shall be deemed to apply to the Protocol as
amended.

ARTICLE 21
DECLARATIONS
1. Upon depositing its instrument of ratification, acceptance, approval or accession, a State
Party which is not a party to a treaty listed in the Annex may declare that, in the application of
this Protocol to the State Party, the treaty shall be deemed not to be included in article 3ter.
The declaration shall cease to have effect as soon as the treaty enters into force for the State
Party, which shall notify the Secretary-General of this fact.

2. When a State Party ceases to be a party to a treaty listed in the Annex, it may make a
declaration as provided for in this article, with respect to that treaty.

3. Upon depositing its instrument of ratification, acceptance, approval or accession, a State

Party may declare that it will apply the provisions of article 3ter in accordance with the
principles of its criminal law concerning family exemptions of liability.

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ARTICLE 22
AMENDMENTS TO THE ANNEX
1. The Annex may be amended by the addition of relevant treaties that:

(a) are open to the participation of all States;

(b) have entered into force; and

(c) have been ratified, accepted, approved or acceded to by at least twelve States Parties to
this Protocol.

2. After the entry into force of this Protocol, any State Party thereto may propose such an
amendment to the Annex. Any proposal for an amendment shall be communicated to the
Secretary-General in written form. The Secretary-General shall circulate any proposed
amendment that meets the requirements of paragraph 1 to all members of the Organization
and seek from States Parties to this Protocol their consent to the adoption of the proposed
amendment.

3. The proposed amendment to the Annex shall be deemed adopted after more than twelve of
the States Parties to this Protocol consent to it by written notification to the Secretary-
General.

4. The adopted amendment to the Annex shall enter into force thirty days after the deposit with
the Secretary-General of the twelfth instrument of ratification, acceptance or approval of such
amendment for those States Parties to this Protocol that have deposited such an instrument.
For each State Party to this Protocol ratifying, accepting or approving the amendment after
the deposit of the twelfth instrument with the Secretary-General, the amendment shall enter
into force on the thirtieth day after deposit by such State Party of its instrument of ratification,
acceptance or approval.

ARTICLE 23
DEPOSITARY
1. This Protocol and any amendments adopted under articles 20 and 22 shall be deposited with
the Secretary-General.

2. The Secretary-General shall:

(a) inform all States which have signed this Protocol or acceded to this Protocol of:

(i) each new signature or deposit of an instrument of ratification, acceptance, approval

or accession together with the date thereof;

(ii) the date of the entry into force of this Protocol;

(iii) the deposit of any instrument of denunciation of this Protocol together with the date
on which it is received and the date on which the denunciation takes effect;

(iv) any communication called for by any article of this Protocol;

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(v) any proposal to amend the Annex which has been made in accordance with article
22, paragraph 2;

(vi) any amendment deemed to have been adopted in accordance with article 22,
paragraph 3;

(vii) any amendment ratified, accepted or approved in accordance with article 22,
paragraph 4, together with the date on which that amendment shall enter into force;
and

(b) transmit certified true copies of this Protocol to all States which have signed or acceded
to this Protocol.

3. As soon as this Protocol enters into force, a certified true copy of the text shall be transmitted
by the Secretary-General to the Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the Charter of the United Nations.

ARTICLE 24
LANGUAGES
This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and
Spanish languages, each text being equally authentic.

DONE AT LONDON this fourteenth day of October two thousand and five.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for
that purpose, have signed this Protocol.

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