On the Ratification of the 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf

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The Law of the Republic of Kazakhstan dated March 15, 2016 No. 473-V SAM.

 To ratify the 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done in London on October 14, 2005.

President

Republic of Kazakhstan

N. NAZARBAYEV

THE 2005 PROTOCOL TO THE PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF FIXED PLATFORMS LOCATED ON THE CONTINENTAL SHELF

THE STATES PARTIES to this Protocol,

 BEING PARTIES TO the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, adopted on March 10, 1988,

 RECOGNIZING that the reasons for the elaboration of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation also apply to fixed platforms located on the continental shelf,

CONSIDERING the provisions of these Protocols,

HAVE AGREED on the following:

ARTICLE 1

For the purposes of this Protocol:

 1 "Protocol of 1988" means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, adopted in Rome on March 10, 1988.

2 "Organization" means the International Maritime Organization.

3 "Secretary-General" means the Secretary-General of the Organization.

ARTICLE 2

Paragraph 1 of article 1 of the 1988 Protocol is replaced by the following text:

 1 The provisions of paragraphs 1 (c), (d), (e), (f), (g), (h) and 2 (a) of article 1, as well as articles 2bis, 5, 5bis and 7 and articles 10-16, including articles 11 bis, 11ter and 12bis of the Convention for the Suppression of Unlawful Acts against the Safety of maritime Navigation, as amended by the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, shall also apply mutatis mutandis to the offences referred to in articles 2, 2bis and 2ter of this Protocol when such offences are committed on board or against fixed platforms., located on the continental shelf.

ARTICLE 3

1 Paragraph 1 (d) of article 2 of the 1988 Protocol is replaced by the following text:

(d) Places or commits acts for the purpose of placing on a fixed platform in any way a device or substance that may destroy that fixed platform or endanger its safety.

2 Paragraph 1 (e) of article 2 of the 1988 Protocol is deleted.

3 Paragraph 2 of article 2 of the 1988 Protocol is replaced by the following text:

2 Any person also commits an offence if he threatens, with or without condition, as provided for by national legislation, in order to compel a natural or legal person to commit or refrain from any act, to commit any of the offences referred to in subparagraphs (b) and (c) of paragraph 1, if this The threat may pose a danger to the stationary platform.

ARTICLE 4

1 The following text is included as article 2bis:

Article 2bis

Any person commits an offence within the meaning of this Protocol if he unlawfully and intentionally, when the purpose of this act, by its nature or content, is to intimidate a population or compel a Government or an international organization to commit or refrain from any action.:

(a) Uses any explosive substance, radioactive material or weapon against or on a stationary platform or drops it from a stationary platform in such a way that it causes or is likely to cause death or serious bodily injury or damage; or

(b) Dumps oil, liquefied natural gas or other dangerous or harmful substance not mentioned in subparagraph (a) from a stationary platform in such quantity or concentration that it causes or is likely to cause death or serious bodily injury or damage; or

(c) Threatens, with or without condition, as provided for by national law, to commit the offence referred to in subparagraph (a) or (b).

2 The following text is included as article 2ter:

Article 2ter

Any person also commits an offence within the meaning of this Protocol if he:

 (a) Unlawfully and intentionally injures or kills a person in connection with the commission of any of the offences referred to in article 2, paragraph 1, or article 2bis; or

 (b) Attempts to commit an offence referred to in paragraph 1 of article 2, subparagraph (a) or (b) of article 2bis, or subparagraph (a) of this article; or

 (c) Participates as an accomplice in the commission of an offence referred to in article 2, article 2bis or in subparagraph (a) or (b) of this article; or

 (d) Organizes or directs other persons to commit an offence referred to in article 2, article 2bis or subparagraph (a) or (b) of this article; or

 (e) Contributes to the commission of one or more of the offences referred to in article 2, article 2bis or subparagraph (a) or (b) of this article by a group of persons acting with a common purpose, intentionally and:

 (i) For the purpose of supporting the criminal activity or criminal purpose of the group, when such activity or purpose involves the commission of an offence referred to in article 2 or 2bis; or

 (ii) With the knowledge of the intent of the group to commit the offence referred to in article 2 or 2bis.

ARTICLE 5

1 Paragraph 1 of article 3 of the 1988 Protocol 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 2, 2bis and 2ter, when the offence is committed:

(a) Against or on board a fixed platform when it is located on the continental shelf of that State; or

b) a national of that State.

2 Paragraph 3 of article 3 of the 1988 Protocol is replaced by the following text:

3 Any State Party that has established the jurisdiction referred to in paragraph 2 shall notify the Secretary-General accordingly. If such a State Party subsequently renounces such jurisdiction, it shall notify the Secretary-General accordingly.

3 Paragraph 4 of article 3 of the 1988 Protocol 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 2, 2bis and 2ter in cases where the alleged offender is present in its territory and it does not extradite him to any of the States Parties that have established their jurisdiction in accordance with paragraphs 1 and 2.

ARTICLE 6 Interpretation and application

 1 In relations between the Parties to this Protocol, the 1988 Protocol and this Protocol shall be read and interpreted together as a single document.

 2 Articles 1-4 of the 1988 Protocol, as amended by this Protocol, together with articles 8-13 of this Protocol, are and are referred to as the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 2005 (BNA Protocol on Fixed Platforms 2005).

ARTICLE 7

The following text is added as article 4bis of the Protocol:

Final articles of the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 2005

 The final articles of the 2005 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf are articles 8-13 of the 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. References in this Protocol to States Parties are considered to mean references to States Parties to the 2005 Protocol.

FINAL ARTICLES ARTICLE 8 Signature, ratification, acceptance, approval and accession

1 This Protocol is open for signature at the headquarters of the Organization from February 14, 2006 to February 13, 2007 and thereafter remains 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) Signatures subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

c) Accessions.

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

 4 Only a State that has signed the 1988 Protocol without reservation regarding ratification, acceptance or approval, or has ratified, accepted, approved or acceded to the 1988 Protocol may become a Party to this Protocol.

ARTICLE 9 Entry into force

 1 This Protocol shall enter into force ninety days after the date on which three States have either signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General. However, this Protocol shall not enter into force until the entry into force of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.

2 For a State which has deposited an instrument of ratification, acceptance, approval or accession to this Protocol after the conditions specified in paragraph 1 for its entry into force have been fulfilled, the ratification, acceptance, approval or accession shall enter into force ninety days after the date of such deposit.

ARTICLE 10 Denunciation

1 This Protocol may be denounced by any State Party at any time after the date of entry into force of this Protocol for that State.

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

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

ARTICLE 11 Revision and amendment

1 The Organization may convene a conference for the purpose of revising or amending this Protocol.

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

 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 considered as relating to the Protocol as amended.

ARTICLE 12 The Depositary

 1 This Protocol and any amendments adopted pursuant to article 11 shall be deposited with the Secretary-General.

2 The General Secretary:

(a) Inform all States that have signed or acceded to this Protocol of:

(i) Each new signature or deposit of an instrument of ratification, acceptance, approval or accession, indicating their date;

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

(iii) The deposit of any instrument of denunciation of this Protocol, indicating the date of receipt of that instrument and the date on which the denunciation takes effect;

(iv) Any communication required under any article of this Protocol; and

(b) Transmit certified copies of this Protocol to all States that have signed or acceded to this Protocol.

3 As soon as this Protocol enters into force, the Secretary-General shall transmit a certified copy of its text 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 13 Languages

This Protocol has been drawn up in a single original in Arabic, Chinese, English, French, Russian and Spanish, all texts being equally authentic.

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

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

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

President

Republic of Kazakhstan

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