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Algeria
Reservations:
The Government of the Algerian People's Democratic Republic does not
consider itself bound by the provisions of article 15, paragraph 2,
of this Protocol, which provides that any dispute between two or more
States concerning the interpretation or application of the said Protocol
that cannot be settled through negotiation shall, at the request of one
of those States, be submitted to arbitration or referred to the
International Court of Justice.
The Government of the Algerian People's Democratic Republic believes that
any dispute of this kind can only be submitted to arbitration or referred
to the International Court of Justice with the consent of all parties to
the dispute.
Declarations:
Ratification of this Protocol by the Algerian People's
Democratic Republic in no way signifies recognition of Israel.
Such ratification cannot be construed as leading to the establishment of
any kind of relations with Israel.
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Australia
Declaration made upon signature and confirmed upon
ratification:
"The Government of Australia hereby declares that nothing in the
Protocol shall be seen to be imposing obligations on Australia to admit
or retain within its borders persons in respect of whom Australia would
not otherwise have an obligation to admit or retain within its
borders."
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Azerbaijan
Declaration:
"The Republic of Azerbaijan declares that it is unable to guarantee
the application of the provisions of the Protocol in the territories
occupied by the Republic of Armenia until these territories are liberated
from that occupation."
Reservation:
"In accordance with paragraph 3 of Article 15 of
the Protocol, the Republic of Azerbaijan declares that it does not
consider itself bound by paragraph 2 of Article 15."
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Bahrain
Reservation:
"... the Kingdom of Bahrain does not consider itself bound by
paragraph 2 of article 15 of the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children."
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Belgium
Upon
signature:
Declaration:
The French, Flemish and German-speaking Communities
and the Regions of Wallonia, Flanders and Brussels-Capital are also bound
by this signature.
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Bolivia
Declaration:
The Republic of Bolivia declares that it does not consider itself bound
by the provisions of paragraph 2 of article 15, which deals with the
settlement of disputes concerning this Protocol.
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Colombia
Reservation:
In accordance with article 15, paragraph 3, of the Protocol, Colombia
declares that it does not consider itself bound by paragraph 2 of that
article.
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Ecuador
Reservation:
Exercising the powers referred to in article 15, paragraph 3, of the
Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, the Government of Ecuador makes a
reservation with regard to article 15, paragraph 2, relating to the settlement
of disputes.
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El Salvador
Upon
signature:
Reservation:
The
Government of the Republic of El Salvador does not consider itself bound
by paragraph 2 of article 15, inasmuch as it does not recognize the
compulsory jurisdiction of the International Court of Justice.
Upon ratification:
Reservation:
With respect to the provisions of article 15,
paragraph 3, the Government of the Republic of El Salvador declares that
it does not consider itself bound by article 15, paragraph 2, inasmuch as
it does not recognize the compulsory jurisdiction of the International
Court of Justice.
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European Community
Declaration:
"Article 16 (3) of the Protocol to prevent, suppress and punish
trafficking in persons, especially women and children, provides that the
instrument of ratification, acceptance or approval of a regional economic
integration organisation shall contain a declaration specifying the
matters governed by the Protocol in respect of which competence has been
transferred to the organisation by its Member States which are Parties to
the Protocol.
The Protocol to prevent, suppress and punish trafficking in persons,
especially women and children, shall apply, with regard to the
competences transferred to the European Community, to the territories in
which the Treaty establishing the European Community is applied and under
the conditions laid down in that Treaty, in particular Article 299
thereof and the Protocols annexed to it.
This declaration is without prejudice to the position of the United
Kingdom and Ireland under the Protocol integrating the Schengen acquis
into the framework of the European Union and under the Protocol on the
position of the United Kingdom and Ireland, annexed to the Treaty on
European Union and the Treaty establishing the European Community.
This declaration is equally without prejudice to the position of Denmark
under the Protocol on the position of Denmark annexed to the Treaty on
European Union and the Treaty establishing the European Community.
Pursuant to Article 299, this declaration is also not applicable to the
territories of the Member States in which the said Treaty does not apply
and is without prejudice to such acts or positions as may be adopted
under the Protocol by the Member States concerned on behalf of and in the
interests of those territories. In accordance with the provision
referred to above, this declaration indicates the competence that the
Member States have transferred to the Community under the Treaties in
matters governed by the Protocol. The scope and the exercise of
such Community competence are, by their nature, subject to continuous
development as the Community further adopts relevant rules and
regulations, and the Community will complete or amend this declaration,
if necessary, in accordance with Article 16 (3) of the Protocol.
The Community points out that it has competence with regard to the
crossing of external borders of the Member States, regulating standards
and procedures when carrying out checks on persons at such borders and
rules on visas for intended stays of no more than three months.
The Community is also competent for measures on immigration policy
regarding conditions of entry and residence and measures to counter
illegal immigration and illegal residence, including repatriation of
illegal residents. Moreover, it can take measures to ensure
cooperation between the relevant departments of the administrations of
the Member States, as well as between those departments and the
Commission, in the aforementioned areas. In these fields the
Community has adopted rules and regulations and, where it has done so, it
is hence solely for the Community to enter into external undertakings
with third States or competent international organisations.
In addition, Community policy in the sphere of development cooperation
complements policies pursued by Member States and includes provisions to
prevent and combat trafficking in persons."
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Lao People's Democratic Republic
Reservation:
"In accordance with paragraph 3, Article 15 of the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, especially Women and
Children, Supplementing the United Nations Convention Against
Transnational Organized Crime, the Lao People's Democratic Republic does
not consider itself bound by paragraph 2, Article 15 of the present
Protocol. The Lao People's Democratic Republic declares that to
refer a dispute relating to interpretation and application of the present
Protocol to arbitration or [the] International Court of Justice, the agreement
of all parties concerned in the dispute is necessary."
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Lithuania
Reservation:
"AND WHEREAS, it is provided in paragraph 3 of Article 15 of
the Protocol, the Seimas of the Republic of Lithuania would like to
declare that the Republic of Lithuania does not consider itself bound by
paragraph 2 of Article 15, which provides that any State Party may refer
any dispute concerning the interpretation or application of the said
Protocol to the International Court of Justice."
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Malawi
Declarations:
"The Government of the Republic of Malawi in its efforts to curb and
stamp out offences related to trafficking in persons especially women and
children has embarked upon various social and legal reforms to
incorporate obligations emanating from this Protocol (Article 16 (4)).
Further, declares expressly its acceptance of Article 15 (2) on
settlement of disputes concerning interpretation and application of this
Protocol.
The Competent Authority charged with the responsibility of
coordinating and rendering of mutual legal assistance is:
The
Principal Secretary
Ministry of Home Affairs and Internal Security
Private Bag 331, Lilongwe 3. MALAWI
Fax: 265 1 789509 Tel: 265 1 789 177
The Official Language of communication is
English."
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Moldova
Reservation and declaration:
In accordance with paragraph 3 of article 15 of the Protocol, the
Republic of Moldova does not consider itself bound by paragraph 2 of
article 15 of the Protocol.
Until the full establishment of the territorial integrity of the Republic
of Moldova, the provisions of the Protocol will be applied only on the
territory controlled by the authorities of the Republic of Moldova.
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Myanmar
Reservation:
"The Government of the Union of Myanmar wishes to express reservation
on Article 20 and does not consider itself bound by obligations to refer
disputes relating to the interpretation or application of this Protocol
to the International Court of Justice."
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Saudi Arabia
Upon
signature:
Declaration and reservation:
The
public order of the Kingdom of Saudi Arabia prohibits trafficking in
persons for the purpose referred to in paragraph (a) of Article 3 of the
Protocol to Prevent, Suppress, and Punish Trafficking in Persons,
Especially Women and Children.
The Kingdom does not consider itself bound by paragraph 2 of Article 15
of the said Protocol. It makes reservations regarding the contents
of paragraph 3d of Article Six and paragraph 1 of Article 7 of the said
protocol.
Reservation upon ratification:
... the Government of the Kingdom of Saudi Arabia does
not consider itself obligated to paragraph 2 of article 15 of the
Protocol.
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South Africa
Reservation:
"AND WHEREAS pending a decision by the Government of the Republic of
South Africa on the compulsory jurisdiction of the International Court of
Justice, the Government of the Republic does not consider itself bound by
the terms of Article 15 (2) of the Protocol which provides for
the compulsory jurisdiction of the International Court of Justice in differences
arising out of the interpretation or application of the Protocol.
The Republic will adhere to the position that, for the submission
of a particular dispute for settlement by the International Court, the
consent of all the parties to the dispute is required in every individual
case."
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Tunisia
Reservation:
In ratifying the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime, adopted by the General
Assembly of the United Nations on 15 November 2000, declares that it does
not consider itself bound by article 15, paragraph 2, of the Protocol and
affirms that disputes concerning the interpretation or application of the
Protocol may be referred to the International Court of Justice only after
it has given its prior consent.
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United States of America
Reservations:
" (1) The United States of America reserves the right not to apply
in part the obligation set forth in Article 15,
paragraph 1 (b), of the United Nations Convention Against
Transnational Organized Crime with respect to the offenses established in
the Trafficking Protocol. The United States does not provide for
plenary jurisdiction over offenses that are committed on board ships
flying its flag or aircraft registered under its laws. However, in
a number of circumstances, U.S. law provides for jurisdiction over such
offenses committed on board U.S. - flagged ships or aircraft registered
under U.S. law. Accordingly, the United States will implement
paragraph 1 (b) of the Convention to the extent provided for under its
federal law.
(2) The United States of America reserves the right to assume obligations
under this Protocol in a manner consistent with its fundamental
principles of federalism, pursuant to which both federal and state
criminal laws must be considered in relation to conduct addressed in the
Protocol. U.S. federal criminal law, which regulates conduct based
on its effect on interstate or foreign commerce, or another federal
interest, such as the Thirteen Amendment's prohibition of
"slavery" and "involuntary servitude," serves as the
principal legal regime within the United States for combating the conduct
addressed in this Protocol, and is broadly effective for this purpose.
Federal criminal law does not apply in the rare case where such criminal
conduct does not so involve interstate or foreign commerce, or otherwise
implicate another federal interest, such as the Thirteenth Amendment.
There are a small number of conceivable situations involving such rare
offenses of a purely local character where U.S. federal and state
criminal law may not be entirely adequate to satisfy an obligation under
the Protocol. The United States of America therefore reserves to the
obligations set forth in the Protocol to the extent they addrs conduct
which would fall within this narrow category of highly localized
activity. This reservation does not affect in any respect the
ability of the United States to provide international cooperation to
other Parties as contemplated in the Protocol.
(3) In accordance with Article 15, paragraph 3, the United States of
America declares that it does not consider itself bound by the obligation
set forth in Article 15, paragraph 2."
Understanding:
"The United States of America understands the
obligation to establish the offenses in the Protocol as money laundering
predicate offenses, in light of Article 6, paragraph 2 (b) of the United
Nations Convention Against Transnational Organized Crime, as requiring
States Parties whose money laundering legislation sets forth a list of
specific predicate offenses to include in such list a comprehensive range
of offenses associated with trafficking in persons."
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