On ratification of the Convention for the Suppression of Unlawful Seizure of Aircraft and the Protocol supplementing the Convention for the Suppression of Unlawful Seizure of Aircraft

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The Law of the Republic of Kazakhstan dated December 8, 2018 No. 199-VI SAM.

PRESS RELEASE

To ratify the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970, and the Protocol supplementing the Convention for the Suppression of Unlawful Seizure of Aircraft, done at Beijing on September 10, 2010.

President Republic of Kazakhstan

N. NAZARBAYEV

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT

THE STATES PARTIES TO THIS CONVENTION,

CONSIDERING that acts of unlawful seizure or control of an aircraft in flight threaten the safety of persons and property, seriously disrupt air traffic and undermine the faith of the peoples of the world in the safety of civil aviation,

CONSIDERING that the existence of such acts is of serious concern,

CONSIDERING that, in order to prevent such acts, there is an urgent need to ensure that appropriate measures are taken to punish the perpetrators,

HAVE AGREED ON THE FOLLOWING:

Article 1

1. Any person commits a crime if that person unlawfully and intentionally hijacks or exercises control over an aircraft in service by violence, threat of violence, or any other form of intimidation, or by any technical means.

2. Any person also commits a crime if that person:

(a) Threatens to commit the offence referred to in paragraph 1 of this Article; or

b) unlawfully and intentionally causes any person to receive a threat to commit such a crime, in circumstances that indicate that the threat is real.

3. Any person also commits a crime if that person:

(a) Attempts to commit the offence referred to in paragraph 1 of this Article; or

(b) Organizes or directs other persons to commit any of the offences referred to in paragraphs 1, 2 or 3 (a) of this Article; or

d) unlawfully and intentionally helps another person to avoid investigation, prosecution and punishment, knowing that this person has committed an act that constitutes an offence specified in paragraphs 1, 2, 3 (a), 3 (b) or 3 (c) of this Article, or that this person is wanted by law enforcement authorities for criminal prosecution for such an offence or convicted of such a crime.

4. Each State Party shall also recognize as criminal, regardless of the actual commission or attempt to commit any of the offences referred to in paragraphs 1 or 2 of this Article, both or one of the following acts, when committed intentionally:

(a) Conspiring with one or more other persons to commit the offence referred to in paragraphs 1 or 2 of this Article, and, if provided for by national law, it is also assumed that one of the participants in the conspiracy has actually committed any act to carry out this conspiracy; or

(b) Assistance in any other way to the commission of one or more of the offences referred to in paragraphs 1 or 2 of this Article by a group of persons acting with a common purpose, and such assistance is provided either:

(i) In order to support the general nature of the criminal activity or purpose of the group, if such activity or purpose is related to the commission of the offence referred to in paragraphs 1 or 2 of this Article; or

(ii) With the knowledge of the intent of the group to commit the offence referred to in paragraphs 1 or 2 of this Article.

The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 2

Each State Party undertakes to impose severe penalties for the offences referred to in Article 1.

The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 2 bis

1. Each State Party may, in accordance with the principles of its domestic law, take the necessary measures to ensure that a legal entity located on its territory or established under its laws can be held accountable in the event of a crime committed by an individual responsible for managing or controlling that legal entity, who acts in that capacity., the crime referred to in Article 1. Such liability may be criminal, civil, or administrative in nature.

2. Such liability is without prejudice to the criminal liability of individuals who have committed these crimes.

3. If a State Party takes the necessary measures to hold a legal entity accountable in accordance with paragraph 1 of this Article, it shall ensure that the criminal, civil or administrative sanctions applied are effective, proportionate and have a deterrent effect. Such sanctions may include financial sanctions.

The footnote. The Law is supplemented by Article 2 bis in accordance with the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 3

1. For the purposes of this Convention, an aircraft is considered to be in service from the beginning of pre-flight training of the aircraft by ground personnel or crew for a particular flight until the expiration of twenty-four hours after any landing. In the event of an emergency landing, the flight is considered to take place until the competent authorities assume responsibility for the aircraft and for the persons and property on board.

2. This Convention does not apply to aircraft engaged in military, customs and police services.

3. This Convention applies only if the place of take-off or actual landing of the aircraft on board of which the offence was committed is located outside the territory of the State of registration of such aircraft; it does not matter whether the aircraft was on an international flight or a domestic flight.

4. This Convention shall not apply in the cases referred to in article 5 if the place of take-off and the place of actual landing of the aircraft on board of which the offence was committed are located in the territory of the same State, when such State is one of those States referred to in the said article.

5. Notwithstanding paragraphs 3 and 4 of this Article, Articles 6, 7, 7 bis, 8, 8 bis, 8 ter and 10 shall apply regardless of the place of take-off or the place of actual landing of the aircraft if the offender or the alleged offender is located in the territory of a State other than the State of registration of the aircraft.

The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 3 bis

1. Nothing in this Convention affects other rights, obligations and obligations of States and individuals in accordance with international law, in particular in accordance with the purposes and principles of the Charter of the United Nations, the Convention on International Civil Aviation and international humanitarian law.

2. The actions of armed forces during an armed conflict, as these terms are understood in international humanitarian law, which are governed by this law, are not governed by this Convention, as well as the actions taken by the military forces of a State in order to exercise their official functions, since they are governed by other norms of international law.

3. The provisions of paragraph 2 of this Article shall not be interpreted as justifying or making lawful otherwise illegal acts or as hindering prosecution on the basis of other laws.

The footnote. The Law is supplemented by Article 3 bis in accordance with the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 4

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in Article 1 and any other acts of violence against passengers or crew committed by the alleged offender in connection with such offence, in the following cases:

(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 of which the offence was committed lands on its territory and the alleged offender is still on board;

(d) When the offence is committed against or on board an aircraft leased without a crew to a lessee whose principal place of business or, if he has no place of business, whose permanent residence is in that State;

f) when the crime is committed by a national of that State.

2. Each State Party may also establish its jurisdiction over any such offence in the following cases::

a) when the crime is committed against a national of that State;

(b) When the offence is committed by a stateless person who habitually resides in the territory of that State.

3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 1 when the alleged offender is present in its territory and it does not extradite that person in accordance with Article 8 to one of the States Parties that have established their jurisdiction in accordance with the applicable paragraphs of this Article in relation to these crimes.

4. This Convention does not exclude the exercise of any criminal jurisdiction in accordance with national legislation.

The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 5

States Parties that establish joint air transport operating organizations or international operating agencies operating aircraft that are subject to joint or international registration shall, in respect of each aircraft, appropriately indicate the State among their number that exercises jurisdiction and acts as the State of registration for the purposes of this Convention and notify the Secretary-General accordingly. The Secretary General of the International Civil Aviation Organization, who shall send such notification to all States. — to the Parties to this Convention.

The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 6

I. Having satisfied himself that the circumstances so require, any Contracting State in whose territory the offender or the alleged offender is located shall imprison him under insurance or take other measures to ensure his presence. Detention and other measures are carried out in accordance with the legislation of such a State, but may only last for the time necessary to take criminal procedural or extradition actions.

2. Such a State shall immediately conduct a preliminary investigation of the facts.

3. Any person in custody pursuant to paragraph I of this article shall be assisted in immediately establishing contact with the nearest appropriate representative of the State of which he is a national.

4. When a State Party takes a person into custody in accordance with this Article, it shall immediately notify the States Parties that have established jurisdiction in accordance with paragraph 1 of Article 4 and have established jurisdiction and notified the depositary in accordance with paragraph 2 of Article 4, and, if it deems it appropriate, any other interested States Parties of the fact that this person is in custody and the circumstances that served as the basis for the detention of this person. The State Party that carries out the preliminary investigation provided for in paragraph 2 of this Article shall immediately inform the aforementioned States Parties of the data it has received and indicate whether it intends to exercise jurisdiction.

The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 7

The Contracting State in whose territory the alleged offender finds himself, if it does not extradite him, is obliged, without any exceptions and regardless of whether the crime was committed in its territory, to transfer the case to its competent authorities for the purposes of criminal prosecution. These authorities take decisions in the same way as in the case of any ordinary crime of a serious nature, in accordance with the legislation of that State.

Article 7 bis

Any person who is taken into custody or against whom any other measures have been taken or proceedings are being conducted in accordance with this Convention is guaranteed fair treatment, including the enjoyment of all rights and guarantees in accordance with the laws of the State in whose territory that person is located and applicable provisions of international law, including provisions on human rights..

The footnote. The Law is supplemented by Article 7 bis in accordance with the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 8

1. The offences referred to in Article 1 shall be deemed to be included as extraditable offences in any extradition treaty concluded between the Participating States. The participating States undertake to include such offences as extraditable offences in any extradition treaty concluded between them.

2. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, it may, at its discretion, consider this Convention, in respect of the offences set forth in Article 1, as the legal basis for extradition. Extradition is carried out in accordance with other conditions stipulated by the legislation of the State to which the extradition request is addressed.

3. States Parties that do not make extradition conditional on the existence of a treaty shall treat the offences referred to in Article 1 as extraditable offences between themselves in accordance with the conditions provided for by the legislation of the State to which extradition is requested.

4. Each of the offences shall be treated by the States Parties for extradition purposes as if it had been committed not only in the place where it was committed, but also in the territory of the States Parties, which are required to establish their jurisdiction in accordance with subparagraphs (b), (c), (d) and (e) of paragraph 1 of Article 4 and which have established jurisdiction in accordance with paragraph 2 of Article 4.

5. Each of the offences referred to in Article 1, paragraph 4 (a) and (b), shall be considered equivalent for the purposes of extradition by the States Parties.

The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 8 bis

None of the offences referred to in Article 1 shall be considered, for the purposes of extradition or mutual legal assistance, as a political offence, or an offence related to a political offence, or an offence motivated by political motives. Therefore, a request for extradition or mutual legal assistance related to such a crime cannot be rejected solely on the grounds that it concerns a political crime or a crime related to a political crime or a crime motivated by political motives.

The footnote. The Law is supplemented by Article 8 bis in accordance with the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 8 ter

Nothing in this Convention shall be interpreted as imposing an obligation to extradite a person or provide mutual legal assistance if the requested State Party has reasonable grounds to believe that the request for extradition in connection with the offences referred to in Article 1 or for mutual legal assistance in respect of such offences is intended to prosecute or punish that person. persons because of their race, religion, nationality, or ethnic origin, of political opinion or gender, or that granting this request would prejudice that person's position for any of these reasons.

The footnote. The Law is supplemented by Article 8 ter in accordance with the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 9

1. When any of the acts referred to in paragraph 1 of Article 1 has been committed or is about to be committed, the Participating States shall take all appropriate measures to restore control of the lawful commander over the aircraft or to maintain control of the aircraft for the commander.

2. In the cases provided for in the preceding paragraph, any Contracting State in which the aircraft, its passengers or crew are located shall assist its passengers and crew in continuing their journey as soon as possible and without delay return the aircraft and its cargo to their rightful owners.

The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 10

1. The Participating States shall provide each other with maximum assistance in connection with criminal procedural actions taken in relation to the offences referred to in Article 1 and other acts referred to in Article 4. In all cases, the legislation of the requested State applies.

2. The provisions of paragraph I of this article shall not affect the obligations under any other treaty, bilateral or multilateral, which regulates or will regulate, in whole or in part, mutual legal assistance in criminal matters.

The footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 10 bis

Any State Party that has reason to believe that one of the offences referred to in Article 1 will be committed shall, in accordance with its national legislation, provide any relevant information at its disposal to those States Parties that, in its opinion, are the States referred to in paragraphs 1 and 2 of Article 4.

The footnote. The Law is supplemented by Article 10 bis in accordance with the Law of the Republic of Kazakhstan dated 08.12.2018 No. 199-VI.

Article 11

Each Contracting State, in accordance with its national legislation, shall communicate to the Council of the International Civil Aviation Organization as soon as possible any relevant information at its disposal concerning:

a) the circumstances of the crime;

(b) Actions taken in accordance with article 9;

(c) The measures taken against the offender or the alleged offender, and in particular the results of any extradition or other legal action.

Article 12

I. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention that 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 reach an agreement on the organization of arbitration, the dispute may, at the request of either Party, be referred to the International Court of Justice in accordance with the Statute of the Court.

2. Each State may, at the time of signing, ratifying or acceding to this Convention, declare that it does not consider itself bound by the provisions of the preceding paragraph. The other Contracting States will not be bound by the provisions of the preceding paragraph in their relations with any Contracting State that has made such a reservation.

3. Any Contracting State which has made a reservation in accordance with the preceding paragraph may at any time withdraw that reservation by notification to the depositary Governments.

Article 13

I. This Convention shall be opened for signature in The Hague on December 16, 1970 by the States participating in the International Conference on Air Law held in The Hague from December 1 to December 16, 1970 (hereinafter referred to as the Hague Conference). After December 31, 1970, the Convention will be open for signature by all States in Moscow, London and Washington. Any State that does not sign this Convention before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.

2. This Convention is subject to ratification by the signatory States. The instruments of ratification and accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, which are hereby designated as the depositary Governments.

3. This Convention shall enter into force thirty days after the date of deposit of instruments of ratification by the ten Signatory States that participated in the Hague Conference.

4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this article or thirty days after the date of deposit of their instruments of ratification or accession, whichever is later.

5. The depositary Governments shall immediately notify all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, as well as other notifications.

6. After the entry into force of this Convention, it must be registered by the depositary Governments in accordance with Article 102 of the Charter of the United Nations and in accordance with Article 83 of the Convention on International Civil Aviation (Chicago, 1944).

Article 14

I. Any Contracting State may withdraw from this Convention by written notification to the depositary Governments.

2. Withdrawal from the Convention shall enter into force six months after the date of receipt of such notification by the depositary Governments.

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

DONE at The Hague on the sixteenth of December, one thousand nine hundred and seventy, in three original copies, each in the Russian, English, Spanish and French languages, all texts being authentic.

PROTOCOL supplementing the Convention for the Suppression of Unlawful Seizure of Aircraft

(Done in Beijing on September 10, 2010)

THE STATES PARTIES TO THIS PROTOCOL,

DEEPLY CONCERNED about the worldwide escalation of acts of unlawful interference in the activities of civil aviation,

RECOGNIZING that new types of threats against civil aviation require new concerted efforts and cooperative policies from States,

CONSIDERING that, in order to more effectively counter these threats, it is necessary to adopt provisions supplementing the provisions of the Convention for the Suppression of Unlawful Seizure of Aircraft, signed in The Hague on December 16, 1970, in order to combat illegal acts of seizure or control of aircraft and enhance the effectiveness of the Convention,

HAVE AGREED ON THE FOLLOWING:

Article I

This Protocol supplements the Convention for the Suppression of Unlawful Acts of Seizure of Aircraft, signed in The Hague on December 16, 1970 (hereinafter referred to as the "Convention").

Article II

Article 1 of the Convention is replaced by the following:

"Article 1

2. Any person also commits a crime if that person:

(a) Threatens to commit the offence referred to in paragraph 1 of this Article; or

b) unlawfully and intentionally causes any person to receive the threat of committing such a crime,

under circumstances that indicate that the threat is real.

3. Any person also commits a crime if that person:

(a) Attempts to commit the offence referred to in paragraph 1 of this Article; or

(b) Organizes or directs other persons to commit any of the offences referred to in paragraphs 1, 2 or 3 (a) of this Article; or

(ii) With the knowledge of the intent of the group to commit the offence referred to in paragraphs 1 or 2 of this Article."

Article III

Article 2 of the Convention is replaced by the following Article:

"Article 2

Each State Party undertakes to impose severe penalties for the offences referred to in Article 1."

Article IV

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

"Article 2 bis

2. Such liability is without prejudice to the criminal liability of individuals who have committed these crimes.

Article V

1. Paragraph 1 of Article 3 of the Convention is replaced by the following:

"Article 3

2. In paragraph 3 of Article 3, in the English text of the Convention, the word "registration" is replaced by the word "registry".

3. In paragraph 4 of Article 3 of the Convention, the word "mentioned" is replaced by the word "indicated".

4. Paragraph 5 of Article 3 of the Convention is replaced by the following:

"5. Notwithstanding paragraphs 3 and 4 of this Article, Articles 6, 7, 7 bis, 8, 8 bis, 8 ter and 10 shall apply regardless of the place of take-off or the place of actual landing of the aircraft, if the offender or the alleged offender is located in the territory of a State other than the State of registration of the aircraft."

Article VI

The following is added as Article 3 bis of the Convention:

"Article 3 bis

2. The actions of armed forces during an armed conflict, as these terms are understood in international humanitarian law, which are governed by this law, are not governed by this Convention, as well as the actions taken by the military forces of a State in order to exercise their official functions, as they are governed by other norms of international law.

3. The provisions of paragraph 2 of this Article shall not be interpreted as justifying or making lawful otherwise illegal acts or as hindering prosecution on the basis of other laws."

Article VII

Article 4 of the Convention is replaced by the following:

"Article 4

(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 of which the offence was committed lands on its territory and the alleged offender is still on board;

f) when the crime is committed by a national of that State.

2. Each State Party may also establish its jurisdiction over any such offence in the following cases::

a) when the crime is committed against a national of that State;

(b) When the offence is committed by a stateless person who habitually resides in the territory of that State.

4. This Convention does not exclude the exercise of any criminal jurisdiction in accordance with national legislation."

Article VIII

Article 5 of the Convention is replaced by the following:

"Article 5

Article IX

Paragraph 4 of Article 6 of the Convention is replaced by the following:

"Article 6

Article X

The following is added as Article 7 bis of the Convention:

"Article 7 bis

Article XI

Article 8 of the Convention is replaced by the following:

"Article 8

5. Each of the offences referred to in Article 1, paragraph 4 (a) and (b), shall be considered equivalent for the purposes of extradition by the States Parties."

Article XII

The following is added as Article 8 bis of the Convention:

"Article 8 bis

Article XIII

The following is added as Article 8 ter of the Convention:

"Article 8 ter

Article XIV

Paragraph 1 of Article 9 of the Convention is replaced by the following:

"Article 9

Article XV

Paragraph 1 of Article 10 of the Convention is replaced by the following:

"Article 10

Article XVI

The following is added as Article 10 bis of the Convention:

"Article 10 bis

Article XVII

1. All references in this Convention to "Contracting State" and "Contracting States" are replaced by references to "State Party" and "States Parties" respectively.

2. All references in this Convention to "he" and "his" are replaced by references to "this person" and "this person" respectively.

Article XVIII

The texts of this Convention in Arabic and Chinese, annexed to this Protocol, together with the texts of the Convention in Russian, English, Spanish and French, constitute texts equally authentic in these six languages.

Article XIX

Between the States Parties to this Protocol, the Convention and this Protocol will be considered and interpreted as a single document, which will be called the Hague Convention, as amended by the Beijing Protocol of 2010.

Article XX

This Protocol is open for signature in Beijing on September 10, 2010 by the States participating in the Diplomatic Conference on Aviation Security held in Beijing from August 30 to September 10, 2010. After September 27, 2010, the Protocol will be open for signature by all States at the Headquarters of the International Civil Aviation Organization in Montreal until its entry into force in accordance with Article XXIII.

Article XXI

1. This Protocol is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the International Civil Aviation Organization, who is hereby designated as the depositary.

2. The ratification, acceptance or approval of this Protocol by any State that is not a party to the Convention is considered to be the ratification, acceptance or approval of the Hague Convention as amended by the Beijing Protocol of 2010.

3. Any State that has not ratified, accepted or approved this Protocol in accordance with paragraph 1 of this Article may accede to it at any time. The documents of accession shall be deposited with the depositary.

Article XXII

After the ratification, acceptance, approval of this Protocol or accession to it, each State Party:

a) notify the depositary of the jurisdiction established by it under its national legislation in accordance with paragraph 2 of Article 4 of the Hague Convention, as amended by the Beijing Protocol of 2010, and immediately notify the depositary of any change;

(b) May declare that it applies the provisions of subparagraph (d) of paragraph 3 of Article 1 of the Hague Convention, as amended by the Beijing Protocol of 2010, in accordance with the principles of its criminal law concerning the exemption of family members from liability.

Article XXIII

1. This Protocol shall enter into force on the first day of the second month following the date of deposit of the twenty-second instrument of ratification, acceptance, approval or accession with the depositary.

2. For each State that has ratified, accepted, approved or acceded to this Protocol after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, this Protocol shall enter into force on the first day of the second month following the date of deposit by such State of the instrument of ratification, acceptance, approval or accession.

3. As soon as this Protocol enters into force, it shall be registered with the United Nations by the depositary.

Article XXIV

1. Any State Party may denounce this Protocol by notifying the depositary in writing.

2. The denunciation takes effect one year after the date of receipt of the notification by the depositary.

Article XXV

The Depositary shall immediately inform all States Parties to this Protocol and all States that have signed or acceded to this Protocol of the date of each signature, the date of deposit of each instrument of ratification, acceptance, approval or accession, and the date of entry into force of this Protocol, and provide them with other relevant information.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, duly authorized, have signed this Protocol.

DONE at Beijing on the tenth day of September of the year two thousand and ten in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic, becoming so after verification by the secretariat of the Conference within the authority of the President of the Conference within ninety days from the date indicated here with a view to bringing them into conformity with each other. a friend. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be sent by the depositary to all Contracting States of this Protocol.

RCPI's note! The text of the Convention and Protocol in Arabic, Spanish, Chinese, French, and English is attached.

President

Republic of Kazakhstan

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