On the Ratification of the Convention on Crimes and Certain Other Acts Committed on Board Aircraft and the Protocol Amending the Convention on Crimes and Certain Other Acts Committed on Board Aircraft
The Law of the Republic of Kazakhstan dated December 8, 2018 No. 198-VI SAM.
PRESS RELEASE
To ratify the Convention on Crimes and Certain Other Acts Committed on Board Aircraft, done in Tokyo on September 14, 1963, and the Protocol amending the Convention on Crimes and Certain Other Acts Committed on Board Aircraft, done in Montreal on April 4, 2014.
President of the Republic of Kazakhstan
N. NAZARBAYEV
Convention on Crimes and Certain Other Acts Committed on Board Aircraft
THE States Parties to this Convention HAVE AGREED AS FOLLOWS:
Chapter I. Scope of the Convention
Article 1
1. This Convention applies to:
(a) Criminal offences;
(b) Acts that, regardless of whether they are crimes or not, may endanger or endanger the safety of the aircraft or persons or property on board, or acts that endanger the maintenance of proper order and discipline on board.
2. Except as provided in Chapter III, this Convention applies to offences or acts committed by a person on board any aircraft registered in a Contracting State while such aircraft is in flight or on the surface on the high seas or on the surface in any other area outside the territory of any State..
3. For the purposes of this Convention:
a) an aircraft is considered to be in flight at any time from the moment all its external doors are closed after loading until the moment any of these doors are opened for unloading. In the event of an emergency landing, the flight is considered to take place until the competent authorities assume responsibility for the aircraft, as well as for the persons and property on board.;
(b) If the State of the operator is not the State of registry, the term "State of registry" used in Articles 4, 5 and 13 of this Convention is considered to mean the State of the operator.
4. This Convention does not apply to aircraft used in military, customs or police services.
The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Article 2
Without prejudice to the provisions of Article 4, and except as required by the safety of the aircraft or persons or property on board, nothing in this Convention shall be interpreted as authorizing or prescribing any measures in respect of criminal offences of a political nature or criminal offences based on discrimination based on race, religion, nationality, ethnic origin, political beliefs, or gender.
The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Chapter II. Jurisdiction
Article 3
1. The State of registration of an aircraft is competent to exercise jurisdiction over crimes and acts committed on board.
1 bis. The State is also competent to exercise jurisdiction over crimes and acts committed on board:
(a) As the State of embarkation, if the aircraft on board of which the crime or act has been committed lands on its territory with the alleged offender on board.;
(b) As the State of the operator, if the offence is committed or the act is committed on board an aircraft leased without a crew by a lessee whose main place of business or, if the lessee has no such place of business, whose permanent residence is in that State.
2. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction as the State of registry in respect of offences committed on board aircraft registered in that State.
2 bis. Each Contracting State shall also take such measures as may be necessary to establish its jurisdiction over offences committed on board aircraft in the following cases:
(a) As the State of embarkation, if:
i) the aircraft on board of which the crime was committed has its last take-off point or the next scheduled landing point on its territory and the aircraft then lands on its territory with the alleged offender on board;
ii) endangers the safety of the aircraft or persons or property on board, or the maintenance of proper order and discipline on board;
(b) As the State of the operator, if the offence is committed or the act is committed on board an aircraft leased without a crew by a lessee whose main place of business or, if the lessee has no such place of business, whose permanent residence is in that State.
2 ter. In exercising its jurisdiction as a State of embarkation, any State shall take into account whether the offence in question constitutes an offence in the State of the operator.
3. This Convention does not exclude the exercise of any criminal jurisdiction in accordance with national legislation.
The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Article 3 bis
If a Contracting State exercising its jurisdiction under Article 3 is notified or otherwise informed that one or more other Contracting States are conducting investigations, prosecutions or judicial proceedings in respect of the same crimes or acts, that Contracting State shall, as appropriate, consult with such other Contracting States in order to coordinate their actions.. The obligations specified in this Article shall not prejudice the obligations of a Contracting State under Article 13.
The footnote. The Convention is supplemented by Article 3 bis in accordance with the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Article 4
A Contracting State other than the State of registration may not obstruct an aircraft in flight in order to exercise its criminal jurisdiction over an offence committed on board, except in the following cases:
(a) The crime has consequences in the territory of such a State;
(b) The offence is committed by or against a national of such a State, or by a person permanently residing in such a State, or against such a person;
c) the crime is directed against the security of such a State;
(d) The offence consists in violating any rules or regulations in force in that State relating to the flight or maneuvering of aircraft;
(e) The exercise of jurisdiction is necessary to ensure the fulfillment of any obligation of such a State under a multilateral international agreement.
Chapter III. Authority of The Aircraft Commander
Article 5
1. The provisions of this Chapter shall not apply to crimes and acts committed or prepared to be committed by a person on board an aircraft flying in the airspace of the State of registration or over the high seas or any other area outside the territory of any State, unless the last take-off point or the next scheduled landing point is located in a State other than the State of registration, or if the aircraft does not continue flying in the airspace of a State other than the State of registration, and such person is still on board.
2. Excluded by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI. The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Article 6
1. The commander of an aircraft, if he has sufficient grounds to believe that a person has committed or is preparing to commit on board an aircraft a crime or acts provided for in paragraph 1 of Article 1, may apply reasonable measures to such person, including restrictive measures that are necessary to:
(a) Ensuring the safety of the aircraft or persons or property on board; or
(b) Maintaining proper order and discipline on board; or
(c) To enable him to transfer such person to the competent authorities or to disembark him in accordance with the provisions of this Chapter.
2. The aircraft commander may request or authorize the assistance of other crew members and may request or authorize, but not require, the assistance of security personnel on board or passengers to apply restrictive measures to any person to whom he has the right to apply such measures. Any crew member or passenger may also take reasonable preventive measures without such authorization if they have reasonable grounds to believe that such measures must be taken immediately to ensure the safety of the aircraft or persons or property on board.
3. An on-board security officer employed in accordance with a bilateral or multilateral agreement or arrangement between the relevant Contracting States may take reasonable preventive measures without such authorization if he has reasonable grounds to believe that such measures must be taken immediately to ensure the protection of the aircraft or persons on board from an act of unlawful interference and if an agreement or arrangement allows this, from committing serious crimes.
4. Nothing in this Convention shall be deemed to create an obligation for a Contracting State to establish an in-flight safety program or to agree to a bilateral or multilateral agreement or arrangement allowing foreign on-board security personnel to operate on its territory.
The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Article 7
1. Restrictive measures applied to a person in accordance with Article 6 shall not apply beyond any point at which the aircraft lands, except in cases where:
(a) Such point is located in the territory of a State that is not a party to this Convention and its competent authorities refuse to allow the disembarkation of such person, or such measures have been applied in accordance with paragraph 1 (c). Article 6 in order to ensure its transfer to the competent authorities;
(b) The aircraft makes an emergency landing and the aircraft commander is unable to transfer such person to the competent authorities; or
c) this person agrees to continue the flight with restrictive measures applied to him.
2. The commander of an aircraft carrying a person against whom restrictive measures have been applied in accordance with the provisions of Article 6 shall, as soon as possible and as far as possible before landing on the territory of a State, notify the competent authorities of that State that a person is on board to whom restrictive measures have been applied., and the reasons for applying such measures to him.
Article 8
1. The commander of an aircraft may, to the extent necessary for the purposes of subparagraphs (a) or (b) of paragraph 1 of Article 6, disembark on the territory of any State in which the aircraft is landing any person with respect to whom he has reasonable grounds to believe that he has committed or is preparing to commit an act on board the aircraft, provided for in paragraph 1 (b) of Article 1.
2. The aircraft commander shall notify the competent authorities of the State in which he disembarks any person in accordance with this Article of the fact and reasons for such disembarkation.
Article 9
1. The commander of an aircraft may transfer to the competent authorities of any Contracting State in whose territory the aircraft is landing any person against whom he has reasonable grounds to believe that he has committed an act on board the aircraft that, in his opinion, constitutes a serious crime.
2. The commander of an aircraft, as soon as possible and as far as possible before landing in the territory of a Contracting State with a person on board whom the commander of the aircraft intends to transfer in accordance with the preceding paragraph, shall notify the competent authorities of such State of his intention to transfer such person and of the reasons for the transfer.
3. The aircraft commander shall provide the competent authorities, to whom, in accordance with the provisions of this Article, any alleged offender is transferred, with the evidence and information that he legally possesses.
The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Article 10
For actions taken in accordance with this Convention, the commander of the aircraft, any other crew member, passenger, security officer on board, the owner or operator of the aircraft, or the person on whose behalf the flight was performed, shall not be liable in any court proceedings regarding the treatment of the person against whom the actions were taken. such actions.
The footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Chapter IV. Illegal seizure of an aircraft
Article 11
1. If a person on board an aircraft unlawfully commits, by force or threat of force, an act of interference, seizure or other unlawful exercise of control over an aircraft in flight, or if he is preparing to commit such an act, the Contracting States shall take all appropriate measures to restore the control of the lawful commander over the aircraft or to maintain control over the aircraft. by ship.
2. In the cases provided for in the preceding paragraph, the Contracting State in which the aircraft lands shall, as soon as possible, permit its passengers and crew to continue the flight and return the aircraft and its cargo to their rightful owners.
Chapter V. Rights and obligations of States
Article 12
Any Contracting State shall permit the commander of an aircraft registered in the other Contracting State to disembark any person in accordance with paragraph 1 of Article 8.
Article 13
1. Any Contracting State accepts any person who is transferred by the aircraft commander in accordance with paragraph 1 of Article 9.
2. Having satisfied itself that the circumstances so require, any Contracting State shall detain or take other measures to ensure the presence of any person suspected of having committed an act provided for in paragraph 1 of Article 11 and any person who has been taken by it. Detention and other measures are carried out in accordance with the legislation of that State, but may only last for the time necessary to initiate criminal or extradition proceedings.
3. Any person in custody in accordance with the preceding paragraph shall be assisted in immediately establishing contact with the nearest appropriate representative of the State of which he is a national.
4. Any Contracting State to which a person has been transferred in accordance with paragraph 1 of Article 9 or in whose territory the aircraft lands after the commission of the act provided for in paragraph 1 of Article 11, shall immediately conduct a preliminary investigation of the facts.
5. When a State, in accordance with the provisions of this Article, takes a person into custody, it shall immediately notify the State of registration of the aircraft and the State of nationality of the detained person and, if it deems it appropriate, any other interested State of the fact of the detention of such person and the circumstances that gave rise to his detention. The State that carries out the preliminary investigation provided for in paragraph 4 of this article shall immediately inform the aforementioned States of the data it has received and indicate whether it intends to exercise its jurisdiction.
Article 14
1. If any person has been disembarked in accordance with Article 8, paragraph 1, or transferred in accordance with Article 9, paragraph 1, or disembarked after committing an act provided for in Article 11, paragraph 1, and if such person is unable or unwilling to continue his flight and the State of embarkation refuses to accept him, such State may, if the person If the person in question is not its citizen or a person permanently residing in that State, return him to the territory of the State of which he is a citizen or in which he permanently resides, or to the territory of the State, in which it began its flight.
2. The disembarkation, transfer, detention or other measures provided for in paragraph 2 of Article 13, as well as the return of the said person, shall not be considered as admission to the territory of the State concerned under its legislation concerning the entry or admission of persons, and nothing in this Convention shall affect the legislation of a Contracting State concerning the expulsion of persons from its territory.
Article 15
1. Without prejudice to Article 14, any person who has been disembarked in accordance with Article 8, paragraph 1, or transferred in accordance with Article 9, paragraph 1, or disembarked after performing the act provided for in Article 11, paragraph 1, and who wishes to continue his flight may, as soon as possible, continue the flight to any point at his discretion. of his choice, unless his presence is required by the law of the State of embarkation for the purposes of extradition proceedings or criminal proceedings.
2. Without prejudice to its legislation concerning entry and admission into, extradition or expulsion from its territory, the Contracting State in whose territory a person has been disembarked in accordance with paragraph 1 of Article 8 or transferred in accordance with paragraph 1 of Article 9, or has disembarked and is suspected of having committed an act provided for in paragraph 1 of Article 11, treats such a person with no less benevolence for his protection and safety than citizens of such a Contracting State in similar circumstances.
Article 15 bis
1. Each Contracting State is encouraged to take such measures as may be necessary to institute appropriate criminal, administrative or any other type of legal proceedings against any person who commits an offence or act referred to in paragraph 1 of Article 1 on board an aircraft, in particular:
(a) Physically assaulting or threatening to commit such an attack on a crew member; or
b) failure to comply with lawful instructions given by or on behalf of the aircraft commander in order to ensure the safety of the aircraft, passengers on board, or property.
2. Nothing in this Convention shall prejudice the right of each Contracting State to introduce into its national legislation or to maintain in it appropriate penalties for acts of undisciplined or disruptive conduct committed on board.
The footnote. The Convention is supplemented by Article 15 bis in accordance with the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Chapter VI. Other provisions
Article 16
1. Offences committed on board an aircraft shall be treated for the purposes of extradition between the Contracting States as if they had been committed not only in the place where they were committed, but also in the territories of the Contracting States required to establish their jurisdiction in accordance with paragraphs 2 and 2 bis of Article 3.
2. Without prejudice to the provisions of the preceding paragraph, nothing in this Convention shall be deemed to be binding on extradition.
The footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Article 17
1. In carrying out any investigative or arrest measures or otherwise exercising jurisdiction in connection with any crime committed on board an aircraft, the Contracting States shall pay due attention to the safety and other interests of air navigation and act in such a way as to avoid unjustifiably delaying the aircraft, passengers, crew or cargo.
2. Each Contracting State, in fulfilling its obligations or exercising the permissible freedom of action under this Convention, shall act in accordance with the obligations and obligations of States provided for by international law. In this regard, each Contracting State shall pay attention to the observance of the principles of due process and fair treatment.
The footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Article 18
If the Contracting States establish joint air transport operating organizations or international operating agencies operating aircraft not registered in any of the States, these States, in accordance with the circumstances of the case, designate from among them a State which, for the purposes of this Convention, is considered as the State of registration, and notify the International Civil Aviation Organization, which Shall send such notification to all States Parties to this Convention.
Article 18 bis
Nothing in this Convention shall prevent the exercise of any right to claim, in accordance with national law, compensation for damage suffered from a person who has been disembarked or transferred pursuant to Articles 8 or 9, respectively.
The footnote. The Convention is supplemented by Article 18 bis in accordance with the Law of the Republic of Kazakhstan dated 08.12.2018 No. 198-VI.
Chapter VII. Final provisions
Article 19
Until the date of entry into force of this Convention, in accordance with the provisions of Article 21, it shall remain open for signature on behalf of any State that is a Member of the United Nations or any of its specialized agencies on that date.
Article 20
1. This Convention is subject to ratification by the signatory States in accordance with their constitutional procedures.
2. The instruments of ratification shall be deposited with the International Civil Aviation Organization.
Article 21
1. After the twelve signatory States have deposited their instruments of ratification, this Convention shall enter into force for them on the ninetieth day following the date of deposit of the twelfth instrument of ratification. For each State ratifying it later, it shall enter into force on the ninetieth day after the deposit of that State's instrument of ratification.
2. After the entry into force of this Convention, it shall be registered with the Secretary-General of the United Nations by the International Civil Aviation Organization.
Article 22
1. After the entry into force of this Convention, it remains open for accession by any Member State of the United Nations or any of its specialized agencies.
2. The accession of a State shall be effected by depositing an instrument of accession of the International Civil Aviation Organization and shall enter into force on the ninetieth day after the date of such deposit.
Article 23
1. Any Contracting State may withdraw from this Convention by notification to the International Civil Aviation Organization.
2. Withdrawal from the Convention shall enter into force six months after the date of receipt by the International Civil Aviation Organization of the notification of withdrawal.
Article 24
1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled by 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 or ratifying this Convention, or upon accession thereto, declare that it does not consider itself bound by the provisions of the preceding paragraph. The other Contracting States are not 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 that has made a reservation in accordance with the preceding paragraph may at any time withdraw that reservation by notification to the International Civil Aviation Organization.
Article 25
Except as provided for in Article 24, no reservations may be made to this Convention.
Article 26
The International Civil Aviation Organization notifies all States that are Members of the United Nations or any of its specialized agencies.:
(a) Each signature of this Convention and the date of signature;
(b) The deposit of each instrument of ratification or accession and the date of such deposit;
(c) The date of entry into force of this Convention in accordance with paragraph 1 of Article 21;
(d) The receipt of each withdrawal notice and the date of receipt; and
(e) The receipt of any declaration or notification made in accordance with Article 24 and the date of its receipt.
IN WITNESS WHEREOF, the undersigned representatives, duly authorized, have signed this Convention.
DONE at Tokyo, this fourteenth day of September, one thousand nine hundred and sixty-three, in triplicate in the English, French and Spanish languages, all texts being authentic.
This Convention shall be deposited with the International Civil Aviation Organization, where it remains open for signature in accordance with Article 19, and the said Organization shall transmit certified copies of the Convention to all States that are Members of the United Nations or any of its specialized agencies.
The authenticity of the Russian text corresponds to the original English text.
Deputy Chairman Committee of Civil Aviation Ministry of Investment and Development of the Republic of Kazakhstan
A. Alzhanov
PROTOCOL Amending the Convention on Crimes and Certain Other Acts Committed on Board Aircraft (Done in Montreal, April 4, 2014)
THE CONTRACTING STATES TO THIS PROTOCOL,
NOTING the concern of States about the increasing number and severity of cases of undisciplined behavior on board aircraft, which may endanger the safety of the aircraft or persons or property on board, or endanger the maintenance of proper order and discipline on board,
RECOGNIZING the desire of many States to provide assistance to each other in order to curb undisciplined behavior and restore proper order and discipline on board aircraft,
CONSIDERING that, in order to address such concerns, it is necessary to adopt provisions supplementing the provisions of the Convention on Crimes and Certain Other Acts Committed on Board Aircraft, signed in Tokyo on September 14, 1963,
HAVE AGREED ON THE FOLLOWING:
Article I
This Protocol amends the Convention on Crimes and Certain Other Acts Committed on Board Aircraft, signed in Tokyo on September 14, 1963 (hereinafter referred to as the "Convention").
Article II
Paragraph 3 of Article 1 of the Convention is replaced by the following:
"Article 1
3. For the purposes of this Convention:
a) an aircraft is considered to be in flight at any time from the moment all its external doors are closed after loading until the moment any of these doors are opened for unloading. In the event of an emergency landing, the flight is considered to take place until the competent authorities assume responsibility for the aircraft, as well as for the persons and property on board.;
(b) If the State of the operator is not the State of registry, the term "State of registry" used in Articles 4, 5 and 13 of this Convention is considered to mean the State of the operator."
Article III
Article 2 of the Convention is replaced by the following text:
"Article 2
Without prejudice to the provisions of Article 4, and except as required by the safety of the aircraft or persons or property on board, nothing in this Convention shall be interpreted as authorizing or prescribing any measures in respect of criminal offences of a political nature or criminal offences based on discrimination based on race, religion, nationality, ethnic origin, political beliefs, or gender."
Article IV
Article 3 of the Convention is replaced by the following text:
"Article 3
1. The State of registration of an aircraft is competent to exercise jurisdiction over crimes and acts committed on board.
1 bis. The State is also competent to exercise jurisdiction over crimes and acts committed on board:
(a) As the State of embarkation, if the aircraft on board of which the crime or act has been committed lands on its territory with the alleged offender on board.;
(b) As the State of the operator, if the offence is committed or the act is committed on board an aircraft leased without a crew by a lessee whose main place of business or, if the lessee has no such place of business, whose permanent residence is in that State.
2. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction as the State of registry in respect of offences committed on board aircraft registered in that State.
2 bis. Each Contracting State shall also take such measures as may be necessary to establish its jurisdiction over offences committed on board aircraft in the following cases:
(a) As the State of embarkation, if:
i) the aircraft on board of which the crime was committed has its last take-off point or the next scheduled landing point on its territory and the aircraft then lands on its territory with the alleged offender on board;
ii) endangers the safety of the aircraft or persons or property on board, or the maintenance of proper order and discipline on board;
(b) As the State of the operator, if the offence is committed or the act is committed on board an aircraft leased without a crew by a lessee whose main place of business or, if the lessee has no such place of business, whose permanent residence is in that State.
2 ter. In exercising its jurisdiction as a State of embarkation, any State shall take into account whether the offence in question constitutes an offence in the State of the operator.
3. This Convention does not exclude the exercise of any criminal jurisdiction in accordance with national legislation."
Article V
The following text is added as Article 3 bis of the Convention:
"Article 3 bis
If a Contracting State exercising its jurisdiction under Article 3 is notified or otherwise informed that one or more other Contracting States are conducting investigations, prosecutions or judicial proceedings in respect of the same crimes or acts, that Contracting State shall, as appropriate, consult with such other Contracting States in order to coordinate their actions.. The obligations specified in this Article shall not prejudice the obligations of a Contracting State under Article 13."
Article VI
Paragraph 2 of Article 5 of the Convention is deleted.
Article VII
Article 6 of the Convention is replaced by the following:
"Article 6
1. The commander of an aircraft, if he has sufficient grounds to believe that a person has committed or is preparing to commit on board an aircraft a crime or acts provided for in paragraph 1 of Article 1, may apply reasonable measures to such person, including restrictive measures that are necessary to:
(a) Ensuring the safety of the aircraft or persons or property on board; or
(b) Maintaining proper order and discipline on board; or
(c) To enable him to transfer such person to the competent authorities or to disembark him in accordance with the provisions of this Chapter.
2. The aircraft commander may request or authorize the assistance of other crew members and may request or authorize, but not require, the assistance of security personnel on board or passengers to apply restrictive measures to any person to whom he has the right to apply such measures. Any crew member or passenger may also take reasonable preventive measures without such authorization if they have reasonable grounds to believe that such measures must be taken immediately to ensure the safety of the aircraft or persons or property on board.
3. An on-board security officer employed in accordance with a bilateral or multilateral agreement or arrangement between the relevant Contracting States may take reasonable preventive measures without such authorization if he has reasonable grounds to believe that such measures must be taken immediately to ensure the protection of the aircraft or persons on board from an act of unlawful interference and if an agreement or arrangement allows this, from committing serious crimes.
4. Nothing in this Convention shall be deemed to create an obligation for a Contracting State to establish an in-flight safety program or to agree to a bilateral or multilateral agreement or arrangement allowing foreign on-board security personnel to operate on its territory."
Article VIII
Article 9 of the Convention is replaced by the following text:
"Article 9
1. The commander of an aircraft may transfer to the competent authorities of any Contracting State in whose territory the aircraft is landing any person against whom he has reasonable grounds to believe that he has committed an act on board the aircraft that, in his opinion, constitutes a serious crime.
2. The commander of an aircraft, as soon as possible and as far as possible before landing in the territory of a Contracting State with a person on board whom the commander of the aircraft intends to transfer in accordance with the preceding paragraph, shall notify the competent authorities of such State of his intention to transfer such person and of the reasons for the transfer.
3. The aircraft commander shall provide the competent authorities, to whom, in accordance with the provisions of this Article, any alleged offender is transferred, with the evidence and information that he legally possesses."
Article IX
Article 10 of the Convention is replaced by the following:
"Article 10
For actions taken in accordance with this Convention, the commander of the aircraft, any other crew member, passenger, security officer on board, the owner or operator of the aircraft, or the person on whose behalf the flight was performed, shall not be liable in any court proceedings regarding the treatment of the person against whom the actions were taken. such actions."
Article X
The following is added as Article 15 bis of the Convention:
"Article 15 bis
1. Each Contracting State is encouraged to take such measures as may be necessary to institute appropriate criminal, administrative or any other type of legal proceedings against any person who commits an offence or act referred to in paragraph 1 of Article 1 on board an aircraft, in particular:
(a) Physically assaulting or threatening to commit such an attack on a crew member; or
b) failure to comply with lawful instructions given by or on behalf of the aircraft commander in order to ensure the safety of the aircraft, passengers on board, or property.
2. Nothing in this Convention shall prejudice the right of each Contracting State to introduce into its national legislation or to maintain in it appropriate penalties for acts of undisciplined or disruptive conduct committed on board."
Article XI
Paragraph 1 of Article 16 of the Convention is replaced by the following:
"Article 16
1. Offences committed on board an aircraft shall be treated for the purposes of extradition between the Contracting States as if they had been committed not only in the place where they were committed, but also in the territories of the Contracting States required to establish their jurisdiction in accordance with paragraphs 2 and 2 bis of Article 3."
Article XII
Article 17 of the Convention is replaced by the following:
"Article 17
1. In carrying out any investigative or arrest measures or otherwise exercising jurisdiction in connection with any crime committed on board an aircraft, the Contracting States shall pay due attention to the safety and other interests of air navigation and act in such a way as to avoid unjustifiably delaying the aircraft, passengers, crew or cargo.
2. Each Contracting State, in fulfilling its obligations or exercising the permissible freedom of action under this Convention, shall act in accordance with the obligations and obligations of States provided for by international law. In this regard, each Contracting State shall pay attention to the observance of the principles of due process and fair treatment."
Article XIII
The following is added as Article 18 bis of the Convention:
"Article 18 bis
Nothing in this Convention shall prevent the exercise of any right to claim, in accordance with national law, compensation for damage suffered from a person who has been disembarked or transferred pursuant to Articles 8 or 9, respectively."
Article XIV
The texts of this Convention in Arabic, Chinese and Russian, annexed to this Protocol, together with the texts of the Convention in English, French and Spanish, shall constitute texts equally authentic in these six languages.
Article XV
Between the Contracting States of this Protocol, the Convention and this Protocol will be considered and interpreted as a single document, which will be called the Tokyo Convention, as amended by the Montreal Protocol of 2014.
Article XVI
This Protocol is open for signature in Montreal on April 4, 2014 by the States participating in the International Conference on Air Law in Montreal from March 26 to April 4, 2014. After 4 April 2014, the Protocol will be open for signature by all States at the Headquarters of the International Civil Aviation Organization in Montreal, pending its entry into force in accordance with Article XVIII.
Article XVII
1. This Protocol is subject to ratification, acceptance or approval by signatory States. 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. 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.
3. Ratification, acceptance, approval of this Protocol or accession to it by any State that is not a Contracting State to the Convention shall be deemed to be ratification, acceptance, approval or accession to the Tokyo Convention as amended by the Montreal Protocol of 2014.
Article XVIII
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 XIX
1. Any Contracting State 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 XX
The Depositary shall promptly inform all Contracting States 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 Montreal on the fourth day of April of the year two thousand and fourteenth in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic, having been verified by the secretariat of the Conference within the authority of the President of the Conference within ninety days of the date indicated here for alignment 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.
President
Republic of Kazakhstan
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