Статус Протокола 2005 года к Конвенции о борьбе с незаконными актами, направленными против безопасности морского судоходства (SUA 2005) (Лондон, 14 октября 2005 года) [рус., англ.]

[неофициальный перевод]

СТАТУС ПРОТОКОЛА 2005 ГОДА К КОНВЕНЦИИ О БОРЬБЕ С НЕЗАКОННЫМИ АКТАМИ, НАПРАВЛЕННЫМИ ПРОТИВ БЕЗОПАСНОСТИ МОРСКОГО СУДОХОДСТВА (SUA 2005) (ЛОНДОН, 14 ОКТЯБРЯ 2005 ГОДА)

(по состоянию на 9 декабря 2025 года)

Вступление в силу: 28.07.2010

I. Подписи

Соединенные Штаты Америки

Турция

Финляндия

II. Договаривающиеся государства

Число государств-участников: 54

Done at London, 14 October 2005

Status as at: 09.12.2025

Entry into force: 28 July 2010

I. Signatories

II. Contracting States

<1> For the text of a declaration, reservation or statement, see section III.

<2> Denmark declares the Protocol will not apply to the Faroe Islands and Greenland until further notice.

III. Declaration, Reservations and Statements

Denmark

The instrument of ratification by Denmark was accompanied by the following declaration:

«Authorization granted by Danish authorities pursuant to article 8bis denotes only that Denmark will abstain from pleading infringement of Danish sovereignty in connection with the requesting State's boarding of a vessel or a platform. Danish authorities cannot authorize another State to take legal action on behalf of the Kingdom of Denmark.»

Finland

The instrument of ratification by Finland contained the following declaration:

«In accordance with article 21, paragraph 3 of the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, Finland declares that it will apply the provisions of article 3ter of the Convention, as amended by the 2005 Protocol, in accordance with the principles of its criminal law concerning family exemptions of liability.»

France

The instrument of approval of France contained the following reservations and declarations:

«1. Concerning article 4, paragraph 4 of the Protocol replacing article 3, paragraph 2 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, the French Republic understands „threatens“/»threat» to mean a threat [Fr. menace] such as it is defined in the conditions provided for by French criminal legislation.

2. Concerning article 4, paragraph 7 of the Protocol, which inserts an article 3quater in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, the French Republic understands «attempts to commit an offence», «participates as an accomplice in an offence» and «organizes [the commission of] an offence» to mean an attempt [Fr. tentative] and participation as an accomplice [Fr. complicité ] such as they are defined in the conditions provided for by French criminal legislation.

3. Concerning article 4, paragraph 6 of the Protocol, which inserts an article 3ter in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, the French Republic reserves the right not to establish as a criminal offence the fact of unlawfully and intentionally transporting 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 in evading criminal prosecution, where the said person has committed an offence that constitutes a minor offence [Fr. contravention], a misdemeanour [Fr. délit ] or an act of terrorism punishable by less than 10 years' imprisonment. In accordance with article 21, paragraph 3 of the Protocol, the French Republic will apply article 3ter of the Convention in accordance with the principles of French criminal law concerning family exemptions of liability.

4. The French Republic does not consider itself bound by the provisions of article 16, paragraph 1 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, as revised by the present Protocol, according to which «Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.»

Germany

The instrument of accession was accompanied by the following declaration:

«In accordance with Article 21, paragraph 3 of the Protocol, the Federal Republic of Germany declares that it will apply the provisions of Article 3ter in accordance with the principles of German criminal law concerning family exemptions of liability.»

Netherlands

The instrument of acceptance was accompanied by the following declaration:

«The Kingdom of the Netherlands declares that it will apply the provisions of article 3ter of the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, in accordance with the principles of its criminal law concerning family exemptions of liability.»

New Zealand

The instrument of ratification of New Zealand contained the following declaration:

«AND DECLARES that its ratification shall extend to Tokelau.»

Qatar

The instrument of accession was accompanied by the following reservation:

«The State of Qatar does not consider itself bound by the provisions of paragraph 1 of article 16 of this Convention with regards to referrals to the International Court of Justice».

Sweden

The instrument of accession by Sweden contained the following declaration:

«In accordance with article 21.3 of the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation Sweden will apply article 3ter of the Convention in accordance with the principles of Swedish criminal law concerning family exemptions of liability.»

Switzerland

The instrument of accession by Switzerland contained the following declaration:

[Translation]

«Declaration concerning article 2bis of the Convention:»

Switzerland declares that article 2bis of the SUA Convention, as contained in the Protocol of 14 October 2005 must not be interpreted as excusing or rendering lawful any acts in other respects unlawful or as excluding the bringing of an action under other legislation.»

V. Notifications

Article 8bis

Finland

Finland notifies that the national authority designated as the contact point to receive and respond to requests for assistance is as follows:

Maritime Rescue Co-Ordination Centre Turku (MRCC)

SAR Point of Contact

West Finland Coast Guard District

Postal address: P.O. Box 16, 20101 Turku, Finland

Phone: +358 294 1001

Email: mrcc@raja.fi

France

Pursuant to Article 8bis, paragraph 15 of the Protocol, the designated authority to receive and respond to requests for assistance, for confirmation of nationality, and for authorization to take appropriate measures is as follows:

During Office hours (08h00 — 20h00 GTM+1):

Ministère de l'Europe et des Affaires Etrangères

Mission des Conventions et de l'entraide judiciaire

27, rue de la Convention

CS 91533 — 75732 Paris Cedex 15

Email: arraisonnements.fae-saj-cej@diplomatie.gouv.fr

Out of office hours (20h00 — 08h00 GTM+1 as well as weekends and bank holidays):

Ministère de l'Europe et des Affaires Etrangères

Centre de crise et de soutien

37, quai d'Orsay

75007 Paris 07SP

Email: alertes.cdc@diplomatie.gouv.fr

Latvia

Pursuant to the provisions of Article 8bis, paragraph 15 of the Protocol, the Republic of Latvia notifies that the authority to receive and respond to requests for assistance is:

Pursuant to the provisions of Article 8bis, paragraph 15 of the Protocol, the Republic of Latvia further notifies that the authorities to receive and respond to requests for confirmation of nationality and for authorization to take appropriate measures within the scope of their competence are as follows:

San Marino

«In conformity with article 8bis, paragraph 15 of the Protocol, the Republic of San Marino designates, as competent Authority, the Civil Aviation and Maritime Navigation Authority».

Sweden

Pursuant to the provisions of Article 8bis, paragraph 15 of the Protocol, Sweden notifies that the authority to receive and respond to requests for assistance is as follows:

Pursuant to the provisions of Article 8bis, paragraph 15 of the Protocol, the Republic of Sweden further notifies that the authority to receive and respond to requests for confirmation of a ship's nationality is as follows:

Sweden further notifies that the authority to receive and respond to requests on measures against a Swedish ship is as follows:

United States of America

Pursuant to the provisions of article 8bis, paragraph 15 of the Protocol, the United States notifies that the authority to receive and respond to requests for assistance, for confirmation of nationality, and for authorization to take appropriate measures, as follows:

Commander Gregory M. Tozzi

United States Coast Guard Liaison Officer to the United States Department of State's Bureau of International Narcotics and Law Enforcement Affairs