S.I. No. 474/2000 - Extradition Act, 1965 (Application of Part II) Order, 2000

Article 14

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their Governments, have signed this Convention.

DONE at The Hague, this sixteenth day of December, one thousand nine hundred and seventy, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

Second Schedule: Part II

List of Reservations and Declarations to the CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT

Algeria:

Reservation: “The People's Democratic Republic of Algeria does not consider itself bound by the provisions of articles 24.1, 12.1 and 14.1 respectively of the Tokyo, The Hague and Montreal Conventions, which provide for the mandatory referral of any dispute to the International Court of Justice. The People's Democratic Republic of Algeria states that in each case the prior consent of all the parties concerned shall be required in order to refer a dispute to the International Court of Justice.”

Argentina:

The instrument of ratification by Argentina contains a declaration which reads: “The application of this Convention to territories the sovereignty of which may be disputed among two or more States, whether Parties to the Convention or not, may not be interpreted as alteration, renunciation or waiver of the position upheld by each up to the present time”.

Bulgaria:

On 9 May 1994, a Note was deposited with the Government of the United States by the Government of Bulgaria whereby that Government withdraws the reservation made at the time of ratification with regard to paragraph 1 of Article 12 of the Convention. The withdrawal of the reservation took effect on 9 May 1994.

China:

The instrument of accession by the Government of the People's Republic of China contains the following declaration: “The Chinese Government declares illegal and null and void the signature and ratification of the above-mentioned Convention by the Taiwan authorities in the name of China”.

Denmark:

A notification was received by the Government of the United Kingdom from the Government of the Kingdom of Denmark whereby the latter withdraws, with effect from 1 June 1980, the reservation made at the time of ratification that this Convention should not apply to Greenland.

Hungary:

On 10 January 1990, instruments were deposited with the Government of the United Kingdom and the Government of the United States by the Government of Hungary whereby that Government withdraws the reservation made at the time of ratification with regard to paragraph 1 of Article 12 of the Convention. The withdrawal of the reservation took effect on 10 January 1990.

Kuwait:

Ratification by Kuwait was accompanied by an Understanding stating that ratification of the Convention does not mean in any way recognition of Israel by the State of Kuwait. Furthermore, no treaty relations will arise between the State of Kuwait and Israel.

Libyan Arab Jamahiriya:

The instrument of accession deposited by the Libyan Arab Jamahiriya contains a disclaimer regarding recognition of Israel.

Morocco:

“In case of a dispute, all recourse must be made to the International Court of Justice on the basis of the unanimous consent of the parties concerned.”

Netherlands:

The Convention cannot enter into force for the Netherlands Antilles until thirty days after the date on which the Government of the Kingdom of the Netherlands shall have notified the depositary Governments that the necessary measures to give effect to the provisions of the Convention have been taken in the Netherlands Antilles.

On 11 June 1974, a declaration was deposited with the Government of the United States by the Government of the Kingdom of the Netherlands stating that in the interim the measures required to implement the provisions of the Convention have been taken in the Netherlands Antilles and, consequently, the Convention will enter into force for the Netherlands Antilles on the thirtieth day after the date of deposit of this declaration.

By a Note dated 9 January 1986 the Government of the Kingdom of the Netherlands informed the Government of the United States that as of 1 January 1986 the Convention is applicable to the Netherlands Antilles (without Aruba) and to Aruba.

Oman:

Accession to the said Convention by the Government of the Sultanate of Oman does not mean or imply, and shall not be interpreted as recognition of Israel generally or in the context of this Convention.

Portugal:

By a Note dated 9 August 1999, the Government of the United Kingdom notified the International Civil Aviation Organization of the wish of the Government of Portugal to extend the Convention to the Territory of Macao, the extension taking effect on 19 July 1999.

By a Note dated 27 October 1999, the Government of Portugal advised the Government of the United Kingdom as follows:

“In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macao signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macao until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999.

From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macao.”

Republic of Korea:

The accession by the Government of the Republic of Korea to the present Convention does not, in any way, mean or imply the recognition of any territory or regime which has not been recognized by the Government of the Republic of Korea as a State or Government.

Saudi Arabia:

Approval by Saudi Arabia does not mean and could not be interpreted as recognition of Israel generally or in the context of this Convention.

United Arab Emirates:

“In accepting the said Convention, the Government of the United Arab Emirates takes the view that its acceptance of the said Convention does not in any way imply its recognition of Israel, nor does it oblige to apply the provisions of the Convention in respect of the said Country.”

United Kingdom:

The Convention is ratified “in respect of the United Kingdom of Great Britain and Northern Ireland and Territories under territorial sovereignty of the United Kingdom as well as the British Solomon Islands Protectorate”.

Bahrain, Belarus, Brazil, China, Guatemala, India, Indonesia, Malawi, Oman, Papua New Guinea, Peru, Poland, Qatar, Romania, Russian Federation, Saudi Arabia, South Africa, Syrian Arab Republic, Tunisia, Ukraine, and Vietnam.

Reservation made with respect to paragraph 1 of Article 12 of the Convention.

Third Schedule: Part I

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION

SIGNED AT MONTREAL ON 23 SEPTEMBER 1971 ENTRY INTO FORCE: 26 January 1973

THE STATES PARTIES to the Convention

Considering that unlawful acts against the safety of civil aviation jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;

Considering that the occurrence of such acts is a matter of grave concern;

Considering that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

Have agreed as follows:

Article 1

a. performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or

b. destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or

c. places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or

d. destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or

e. communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight.

a. attempts to commit any of the offences mentioned in paragraph 1 of this Article; or

b. is an accomplice of a person who commits or attempts to commit any such offence.

Article 2

For the purposes of this Convention:

a. an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board;

b. an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this Article.

Article 3

Each Contracting State undertakes to make the offences mentioned in Article 1 punishable by severe penalties.

Article 4

a. the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory of the State of registration of that aircraft; or

b. the offence is committed in the territory of a State other than the State of registration of the aircraft.

Article 5

a. when the offence is committed in the territory of that State;

b. when the offence is committed against or on board an aircraft registered in that State;

c. when the aircraft on board which the offence is committed lands in its territory with the alleged offenders still on board;

d. when the offence is committed against or on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.

Article 6

Article 7

The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

Article 8

Article 9

The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

Article 10

Article 11

Article 12

Any Contracting State having reason to believe that one of the offences mentioned in Article 1 will be committed shall, in accordance with its national law, furnish any relevant information in its possession to those States which it believes would be the States mentioned in Article 5, paragraph 1.

Article 13

Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession concerning: (a) the circumstances of the offence; (b) the action taken pursuant to Article 10, paragraph 2; (c) the measures taken in relation to the offender or the alleged offender and, in particular, the results of any extradition proceedings or other legal proceedings.

Article 14

Article 15

Article 16

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Convention.

DONE at Montreal, this twenty-third day of September, one thousand nine hundred and seventy-one, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

Third Schedule: Part II

List of reservations and declarations to the CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION, Montreal 23 September 1971

Algeria:

Reservation: “The People's Democratic Republic of Algeria does not consider itself bound by the provisions of articles 24.1, 12.1 and 14.1 respectively of the Tokyo, The Hague and Montreal Conventions, which provide for the mandatory referral of any dispute to the International Court of Justice. The People's Democratic Republic of Algeria states that in each case the prior consent of all the parties concerned shall be required in order to refer a dispute to the International Court of Justice.”

Bulgaria:

On 9 May 1994, a Note was deposited with the Government of the United States by the Government of Bulgaria whereby that Government withdraws the reservation made at the time of ratification with regard to paragraph 1 of Article 14 of the Convention. The withdrawal of the reservation took effect on 9 May 1994.

Cameroon:

“In accordance with the provisions of the Convention of 23 September 1971, for the Suppression of Unlawful Acts directed against the Security of Civil Aviation, the Government of the United Republic of Cameroon declares that in view of the fact that it does not have any relations with South Africa and Portugal, it has no obligation toward these two countries with regard to the implementation of the stipulations of the Convention.”

China:

The instrument of accession by the Government of the People's Republic of China contains the following declaration: “The Chinese Government declares illegal and null and void the signature and ratification of the above-mentioned Convention by the Taiwan authorities in the name of China”.

Denmark:

A notification was received by the Government of the United Kingdom from the Government of the Kingdom of Denmark whereby the latter withdraws, with effect from 1 June 1980, the reservation made at the time of ratification that this Convention should not apply to Greenland.

The Government of the United Kingdom subsequently received, on 21 September 1994, a notification from the Government of the Kingdom of Denmark whereby the latter withdraws, with effect from 1 October 1994, the reservation made at the time of ratification that this Convention should not apply to the Faroe Islands.

Hungary:

On 10 January 1990, instruments were deposited with the Government of the United Kingdom and the Government of the United States by the Government of Hungary whereby that Government withdraws the reservation made at the time of ratification with regard to paragraph 1 of Article 14 of the Convention. The withdrawal of the reservation took effect on 10 January 1990.

Kuwait:

It is understood that accession to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal, 1971, does not mean in any way recognition of Israel by the State of Kuwait. Furthermore, no treaty relation will arise between the State of Kuwait and Israel.

Morocco:

“In case of a dispute, all recourse must be made to the International Court of Justice on the basis of the unanimous consent of the parties concerned”.

Netherlands:

The Convention cannot enter into force for the Netherlands Antilles until thirty days after the date on which the Government of the Kingdom of the Netherlands shall have notified the depositary Governments that the necessary measures to give effect to the provisions of the Convention have been taken in the Netherlands Antilles.

On 11 June 1974, a declaration was deposited with the Government of the United States by the Government of the Kingdom of the Netherlands stating that in the interim the measures required to implement the provisions of the Convention have been taken in the Netherlands Antilles and, consequently, the Convention will enter into force for the Netherlands Antilles on the thirtieth day after the date of deposit of this declaration.

By a note dated 9 January 1986 the Government of the Kingdom of the Netherlands informed the Government of the United States that as of 1 January 1986 the Convention is applicable to the Netherlands Antilles (without Aruba) and to Aruba.

Oman:

Accession to the said Convention by the Government of the Sultanate of Oman does not mean or imply, and shall not be interpreted as recognition of Israel generally or in the context of this Convention.

Portugal:

By a Note dated 9 August 1999, the Government of the United Kingdom notified the International Civil Aviation Organization of the wish of the Government of Portugal to extend the Convention to the Territory of Macao, the extension taking effect on 19 July 1999.

By a Note dated 27 October 1999, the Government of Portugal advised the Government of the United Kingdom as follows:

“In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macao signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macao until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999.

From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macao.”

Republic of Korea:

The accession by the Government of the Republic of Korea to the present Convention does not mean in any way or imply the recognition of any territory or regime which has not been recognised by the Government of the Republic of Korea as a State or Government.

Saudi Arabia:

Approval by Saudi Arabia does not mean and could not be interpreted as recognition of Israel generally or in the context of this Convention.

United Arab Emirates:

“In accepting the said Convention, the Government of the United Arab Emirates takes the view that its acceptance of the said Convention does not in any way imply its recognition of Israel, nor does it oblige to apply the provisions of the Convention in respect of the said Country.”

United Kingdom:

The Convention is ratified “in respect of the United Kingdom of Great Britain and Northern Ireland and Territories under territorial sovereignty of the United Kingdom as well as the British Solomon Islands Protectorate”.

By a Note dated 20 November 1990, the Government of the United Kingdom declared that Anguilla has been included under the ratification of the Convention by that Government with effect from 7 November 1990.

Venezuela:

The instrument of ratification by the Government of Venezuela contains the following reservation regarding Articles 4, 7 and 8 of the Convention:

“Venezuela will take into consideration clearly political motives and the circumstances under which offences described in Article 1 of this Convention are committed, in refusing to extradite or prosecute an offender, unless financial extortion or injury to the crew, passengers, or other persons has occurred”.

The Government of the United Kingdom of Great Britain and Northern Ireland made the following declaration in a Note dated 6 August 1985 to the Department of State of the Government of the United States:

“The Government of the United Kingdom of Great Britain and Northern Ireland do not regard as valid the reservation made by the Government of the Republic of Venezuela insofar as it purports to limit the obligation under Article 7 of the Convention to submit the case against an offender to the competent authorities of the State for the purpose of prosecution”.

With reference to the above declaration by the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of Venezuela, in a Note dated 21 November 1985, informed the Department of State of the Government of the United States of the following:

“The reserve made by the Government of Venezuela to Articles 4, 7 and 8 of the Convention is based on the fact that the principle of asylum is contemplated in Article 116 of the Constitution of the Republic of Venezuela. Article 116 reads:

‘The Republic grants asylum to any person subject to persecution or which finds itself in danger, for political reasons, within the conditions and requirements established by the laws and norms of international law.’

It is for this reason that the Government of Venezuela considers that in order to protect this right, which would be diminished by the application without limits of the said articles, it was necessary to request the formulation of the declaration contemplated in Art. 2 of the Law approving the Convention for the Suppression of Unlawful Acts Against the Security (sic) of Civil Aviation”.

The Government of Italy made the following declaration in a Note dated 21 November 1985 to the Department of State of the Government of the United States:

“The Government of Italy does not consider as valid the reservation formulated by the Government of the Republic of Venezuela due to the fact that it may be considered as aiming to limit the obligation under Article 7 of the Convention to submit the case against an offender to the competent authorities of the State for the purpose of prosecution”.

Afghanistan, Bahrain, Belarus, Brazil, China, Egypt, Ethiopia, France, Guatemala, Indonesia, Malawi, Mongolia, Oman, Papua New Guinea, Peru, Poland, Qatar, Romania, Russian Federation, Saudi Arabia, South Africa, Syrian Arab Republic, Tunisia, Ukraine.

Reservation made with respect to paragraph 1 of Article 14 of the Convention.

Fourth Schedule: Part I

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 23 September 1971 Done at Montreal on 24 February 1988

The States Parties to this Protocol

CONSIDERING that unlawful acts of violence which endanger or are likely to endanger the safety of persons at airports serving international civil aviation or which jeopardize the safe operation of such airports undermine the confidence of the peoples of the world in safety at such airports and disturb the safe and orderly conduct of civil aviation for all States;

CONSIDERING that the occurrence of such acts is a matter of grave concern to the international community and that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

CONSIDERING that it is necessary to adopt provisions supplementary to those of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, to deal with such unlawful acts of violence at airports serving international civil aviation;

Have Agreed as follows:

Article I

This Protocol supplements the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971 (hereinafter referred to as “the Convention”), and, as between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument.

Article II

“1 bis. Any person commits an offence if he unlawfully and intentionally, using any device, substance or weapon:

a. performs an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; or

b. destroys or seriously damages the facilities of an airport serving international civil aviation or aircraft not in service located thereon or disrupts the services of the airport,

if such an act endangers or is likely to endanger safety at that airport.”

“or paragraph 1 bis”.

Article III

In Article 5 of the Convention, the following shall be added as paragraph 2 bis:

“2 bis. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 bis, and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to the State mentioned in paragraph 1 (a) of this Article.”

Article IV

This Protocol shall be open for signature at Montreal on 24 February 1988 by States participating in the International Conference on Air Law held at Montreal from 9 to 24 February 1988. After 1 March 1988, the Protocol shall be open for signature to all States in London, Moscow, Washington and Montreal, until it enters into force in accordance with Article VI.

Article V

Article VI

Article VII

Article VIII

Article IX

a. of the date of each signature and the date of deposit of each instrument of ratification of, or accession to, this Protocol, and

b. of the receipt of any notification of denunciation of this Protocol and the date thereof.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Protocol.

DONE at Montreal on the twenty-fourth day of February of the year One Thousand Nine Hundred and Eighty-eight, in four originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

Fourth Schedule: Part II

List of Reservations and Declarations to 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

China:

Notification issued by the Government of the People's Republic of China dated 12 June 1997:

“It is provided both in Section XI of Annex 1 to the Joint Declaration, ‘Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong’, and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, ..., that international agreements to which the People's Republic of China is not a party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.

In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:

The Protocol..., which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997.

Within the above ambit, responsibility for the international rights and obligations of a party to the Protocol will be assumed by the Government of the People's Republic of China.”

The Government of the People's Republic of China made the following reservation at the time of ratification of the Protocol: “the reservation made by the People's Republic of China, when it adhered to the Convention, on paragraph 1 of Article 14 of the ‘Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation’ done at Montreal on 23 September 1971 is also applicable to this Protocol.”

Denmark:

The Government of Denmark made the following reservation at the time of ratification of the Protocol: “Until later decision, the Protocol will not be applied to the Faroe Islands.”

On 27 September 1994, a declaration dated 22 September 1994 was deposited with the International Civil Aviation Organization by the Government of Denmark whereby that Government withdraws the above reservation, with effect from 1 October 1994.

France:

The Government of France made the following declaration at the time of signature of the Protocol:

“The French Republic recalls the declaration made at the time of its accession to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 23 September 1971, when it stated that: ‘In accordance with Article 14, paragraph 2, the French Republic does not consider itself bound by the provisions of paragraph 1 of that Article under which any dispute between two or more contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, 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.’

The above declaration is applicable to 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 of 23 September 1971.”

In addition, the following declaration was made by that Government at the time of ratification:

“In depositing its instrument of ratification of the Protocol of 24 February 1988 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 23 September 1971, the French Republic recalls and confirms the declaration made at the time of its accession to the said Convention, when it stated that: ‘In accordance with Article 14, paragraph 2, the French Republic does not consider itself bound by the provisions of paragraph 1 of that Article under which any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation 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.’

The above declaration is applicable to 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 of 23 September 1971.”

Kuwait:

It is understood that the ratification of this Protocol does not mean in any way a recognition of Israel by the Government of the State of Kuwait. Furthermore, no treaty relations will arise between the State of Kuwait and Israel.

Netherlands:

The Government of the Kingdom of the Netherlands made the following interpretative statement at the time of signature of the Protocol:

“The Government of the Kingdom of the Netherlands hereby declares that, in the light of the preamble, it understands the provisions laid down in Articles II and III of the Protocol to signify the following:

— only those acts which, in view of the nature of the weapons used and the place where they are committed, cause or are likely to cause incidential loss of life or serious injury among the general public or users of international civil aviation in particular, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (a), as contained in Article II of the Protocol;

— only those acts which, in view of the damage which they cause to buildings or aircraft at the airport or their disruption of the services provided by the airport, endanger or are likely to endanger the safe operation of the airport in relation to international civil aviation, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (b), as contained in Article II of the Protocol.”

On depositing its instrument of ratification, the Kingdom of the Netherlands made the following declaration:

“The Government of the Kingdom of the Netherlands hereby declares that, in the light of the preamble, it understands the provisions laid down in Article II and III of the Protocol to signify the following:

— only those acts which, in view of the nature of the weapons used and the place where they are committed, cause or are likely to cause incidental loss of life or serious injury among the general public or users of international civil aviation in particular, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (a), as contained in Article II of the Protocol;

— only those acts which, in view of the damage which they cause to buildings or aircraft at the airport or their disruption of the services provided by the airport, endanger or are likely to endanger the safe operation of the airport in relation to international civil aviation, shall be classed as acts of violence within the meaning of the new paragraph 1 bis (b), as contained in Article II of the Protocol.”

United Kingdom:

The Government of the United Kingdom made the following declaration at the time of ratification of the Protocol: “... the United Kingdom declares that until consultations with various territories under the territorial sovereignty of the United Kingdom are completed, the 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.”

Declaration made at the time of ratification by the Isle of Man: “... subsequent to the deposit of the United Kingdom's Instrument of Ratification in the Treaty Archives on 15 November 1990 The Isle of Man, for whose international relations the United Kingdom is responsible and whose Government has informed the Government of the United Kingdom that they wish to participate in the Protocol, has been included under the United Kingdom's ratification of the Protocol...to take effect from 14 February 1997.”

Statement issued by the Government of the United Kingdom of Great Britain and Northern Ireland, dated 18 June 1997:

“... in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Protocol to Hong Kong.”

Fifth Schedule: Part I

THE CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

Signed at Vienna on 3 March 1980

Entered into force on 8 February 1987

CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

THE STATES PARTIES TO THIS CONVENTION

RECOGNIZING the right of all States to develop and apply nuclear energy for peaceful purposes and their legitimate interests in the potential benefits to be derived from the peaceful application of nuclear energy,

CONVINCED of the need for facilitating international co-operation in the peaceful application of nuclear energy,

DESIRING to avert the potential dangers posed by the unlawful taking and use of nuclear material,

CONVINCED that offences relating to nuclear material are a matter of grave concern and that there is an urgent need to adopt appropriate and effective measures to ensure the prevention, detection and punishment of such offences,

AWARE OF THE NEED FOR international co-operation to establish, in conformity with the national law of each State Party and with this Convention, effective measures for the physical protection of nuclear material,

CONVINCED that this Convention should facilitate the safe transfer of nuclear material,

STRESSING also the importance of the physical protection of nuclear material in domestic use, storage and transport,

RECOGNIZING the importance of effective physical protection of nuclear material used for military purposes, and understanding that such material is and will continue to be accorded stringent physical protection,

HAVE AGREED as follows:

Article 1

For the purposes of this Convention:

a. “nuclear material” means plutonium except that with isotopic concentration exceeding 80% in plutonium-238; uranium-233; uranium enriched in the isotope 235 or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore-residue; any material containing one or more of the foregoing;

b. “uranium enriched in the isotope 235 or 233” means uranium containing the isotope 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature;

c. “international nuclear transport” means the carriage of a consignment of nuclear material by any means of transportation intended to go beyond the territory of the State where the shipment originates beginning with the departure from a facility of the shipper in that State and ending with the arrival at a facility of the receiver within the State of ultimate destination.

Article 2

Article 3

Each State Party shall take appropriate steps within the framework of its national law and consistent with international law to ensure as far as practicable that, during international nuclear transport, nuclear material within its territory, or on board a ship or aircraft under its jurisdiction insofar as such ship or aircraft is engaged in the transport to or from that State, is protected at the levels described in Annex I.

Article 4

Article 5

a. a State Party shall take appropriate steps to inform as soon as possible other States, which appear to it to be concerned, of any theft, robbery or other unlawful taking of nuclear material or credible threat thereof and to inform, where appropriate, international organizations;

b. as appropriate, the States Parties concerned shall exchange information with each other or international organizations with a view to protecting threatened nuclear material, verifying the integrity of the shipping container, or recovering unlawfully taken nuclear material and shall:

i. co-ordinate their efforts through diplomatic and other agreed channels;

ii. render assistance; if requested;

iii. ensure the return of nuclear material stolen or missing as a consequence of the above-mentioned events.

The means of implementation of this co-operation shall be determined by the States Parties concerned.

Article 6

Article 7

a. an act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or serious injury to any person or substantial damage to property;

b. a theft of robbery of nuclear material;

c. an embezzlement or fraudulent obtaining of nuclear material;

d. an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation;

e. a threat:

i. to use nuclear material to cause death or serious injury to any person or substantial property damage, or

ii to commit an offence described in sub-paragraph (b) in order to compel a natural or legal person, international organization or State to do or to refrain from doing any act;

f. an attempt to commit any offence described in paragraphs (a), (b) or (c); and

g. an act which constitutes participation in any offence described in paragraphs (a) to (f) shall be made a punishable offence by each State Party under its national law.

Article 8

a. when the offence is committed in the territory of that State or on board a ship or aircraft registered in that State;

b. when the alleged offender is a national of that State.

Article 9

Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take appropriate measures, including detention, under its national law to ensure his presence for the purpose of prosecution or extradition. Measures taken according to this article shall be notified without delay to the States required to establish jurisdiction pursuant to article 8 and, where appropriate, all other States concerned.

Article 10

The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.

Article 11

Article 12

Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in article 7 shall be guaranteed fair treatment at all stages of the proceedings.

Article 13

Article 14

Article 15

The Annexes constitute an integral part of this Convention.

Article 16

Article 17

Article 18

b. In matters within their competence, such organizations shall, on their own behalf, exercise the rights and fulfil the responsibilities which this Convention attributes to States Parties.

c. When becoming party to this Convention such an organization shall communicate to the depositary a declaration indicating which States are members thereof and which articles of this Convention do not apply to it.

d. Such an organization shall not hold any vote additional to those of its Member States.

Article 19

Article 20

Article 21

Article 22

The depositary shall promptly notify all States of:

a. each signature of this Convention;

b. each deposit of an instrument of ratification, acceptance, approval or accession;

c. any reservation or withdrawal in accordance with article 17;

d. any communication made by an organization in accordance with paragraph 4(c) of article 18;

e. the entry into force of this Convention;

f. the entry into force of any amendment to this Convention; and

g. any denunciation made under article 21.

Article 23

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency who shall send certified copies thereof to all States.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Convention, opened for signature at Vienna and at New York on 3 March 1980.

ANNEX I

LEVELS OF PHYSICAL PROTECTION TO BE APPLIED IN INTERNATIONAL TRANSPORT OF NUCLEAR MATERIAL AS CATEGORIZED IN ANNEX II

• (a) For Category III materials, storage within an area to which access is controlled.

• (b) For Category II materials, storage within an area under constant surveillance by guards or electronic devices, surrounded by a physical barrier with a limited number of points of entry under appropriate control or any area with an equivalent level of physical protection.

• (c) For Category I material, storage within a protected area as defined for Category II above, to which, in addition, access is restricted to persons whose trustworthiness has been determined, and which is under surveillance by guards who are in close communication with appropriate response forces. Specific measures taken in this context should have as their object the detection and prevention of any assault, unauthorized access or unauthorized removal of material.

• (a) For Category II and III materials, transportation shall take place under special precautions including prior arrangements among sender, receiver, and carrier, and prior agreement between natural or legal persons subject to the jurisdiction and regulation of exporting and importing States, specifying time, place and procedures for transferring transport responsibility;