S.I. No. 394/2019 - Extradition (Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and Protocol for the Suppression Of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf) Order 2019

1. This Protocol shall be deposited with the Secretary-General.

2. The Secretary-General shall

(a) inform all States which have signed this Protocol or acceded thereto, and all Members of the Organization, of

(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;

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

(iii) the deposit of any instrument of denunciation of this Protocol together with the date on which it is received and the date on which the denunciation takes effect;

(iv) the receipt of any declaration or notification made under this Protocol or under the Convention, concerning this Protocol.

(b) transmit certified true copies of this Protocol to all States which have signed this Protocol or acceded thereto.

3. As soon as this Protocol enters into force, a certified true copy thereof shall be transmitted by the Depositary 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 10

This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Protocol.

DONE AT ROME this tenth day of March one thousand nine hundred and eighty-eight.

PART B

Afghanistan

Albania

Algeria

Antigua and Barbuda

Andorra

Argentina

Armenia

Australia

Azerbaijan

Bahamas

Bahrain

Bangladesh

Barbados

Belarus

Benin

Bolivia (Plurinational State of)

Bosnia and Herzegovina

Botswana

Brazil

Brunei Darussalam

Burkina Faso

Cabo Verde

Cambodia

Canada

Chile

China

Comoros

Congo

Costa Rica

Côte d‘Ivoire

Cuba

Djibouti

Dominica

Dominican Republic

Ecuador

Egypt

El Salvador

Equatorial Guinea

Eswatini

Fiji

Georgia

Ghana

Grenada

Guatemala

Guinea

Guinea Bissau

Guyana

Honduras

Iceland

India

Iran (Islamic Republic of)

Israel

Jamaica

Japan

Jordan

Kazakhstan

Kenya

Kiribati

Kuwait

Lao People’s Democratic Republic

Lebanon

Lesotho

Liberia

Libya

Liechtenstein

Madagascar

Malawi

Maldives

Mali

Marshall Islands

Mauritania

Mauritius

Mexico

Monaco

Mongolia

Montenegro

Morocco

Mozambique

Myanmar

Namibia

Nauru

New Zealand

Nicaragua

Niger

Nigeria

Niue

Norway

Oman

Pakistan

Palau

Panama

Paraguay

Peru

Philippines

Qatar

Republic of Korea

Republic of Moldova

Republic of North Macedonia

Russian Federation

Saint Lucia

Saint Vincent and the Grenadines

San Marino

Sao Tome and Principe

Saudi Arabia

Senegal

Serbia

Singapore

Seychelles

South Africa

Sudan

Switzerland

Syrian Arab Republic

Tajikistan

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan

Ukraine

United Arab Emirates

United Republic of Tanzania

United States of America

Uruguay

Uzbekistan

Vanuatu

Viet Nam

Yemen

PART C

Reservations and Declarations made by States Parties to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf

(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval, formal confirmation, succession or accession.)

Iran

“[…]

With regard to Article 11, paragraph 4, the Islamic Republic of Iran considers that the extradition would be applicable only to the State Party within the territorial jurisdiction of which the crime has occurred. In the case where an extradition agreement exists between the requesting State and the State in which the crime has occurred, the agreement shall be applied.”

Mexico

Mexico’s accession to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988, and to its Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988, is on the understanding that in matters relating to extradition, both article 11 of the Convention and article 3 of the Protocol will be applied in the Republic of Mexico subject to the modalities and procedures laid down in the applicable provisions of national law.

Moldova

“Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Protocol shall be applied only on the territory controlled by the authorities of the Republic of Moldova.

[…]”

GIVEN under my Official Seal,

18 July, 2019.

SIMON COVENEY,

Minister for Foreign Affairs and Trade.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation.

)

The effect of this Order is to apply the provisions of Part II of the

Extradition Act 1965

to the countries listed in Part B of Schedule 1 to the Order in respect of offences under the 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and to the countries listed in Part B of Schedule 2 to the Order in respect of offences under the 1988 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf. The Convention was acceded to on behalf of the State on 10 September 2004 and the Protocol was acceded to on behalf of the State on 10 September 2004

The countries listed in Part B of Schedule 1 are those states parties to the Convention other than Member States of the European Union because extradition to and from those Member States is regulated by the European Arrest Warrant system. Part C of Schedule 1 lists the reservations and declarations, or parts thereof, made by certain states parties which relate to extradition under the Convention.

The countries listed in Part B of Schedule 2 are those states parties to the Protocol other than Member States of the European Union because extradition to and from those Member States is regulated by the European Arrest Warrant system. Part C of Schedule 2 lists the reservations and declarations, or parts thereof, made by certain states parties which relate to extradition under the Protocol.

4. A denunciation of the Convention by a State Party shall be deemed to be a denunciation of this Protocol by that Party.

Article 8

5. This Protocol does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 4

Nothing in this Protocol shall affect in any way the rules of international law pertaining to fixed platforms located on the continental shelf.

Article 5

6. In considering a request for the extradition of an alleged offender pursuant to this Convention, the requested State shall pay due regard to whether his rights as set forth in article 7, paragraph 3, can be effected in the requesting State.

7. With respect to the offences as defined in this Convention, the provisions of all extradition treaties and arrangements applicable between States Parties are modified as between States Parties to the extent that they are incompatible with this Convention.

Article 12

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

9

th August,

2019.

WHEREAS by the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation done at Rome on 10 March 1988 (referred to subsequently in these recitals as the “Convention”, and the terms of which are set out in Part A of Schedule 1 to the following Order) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention was acceded to on behalf of the State on 10 September 2004;

AND WHEREAS the Convention has also been ratified, or acceded to, by the countries specified in Part B of Schedule 1 to the following Order, subject to the reservations entered and the declarations made by certain of the countries concerned specified in Part C of Schedule 1 to the following Order;

AND WHEREAS by the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf done at Rome on 10 March 1988 (referred to subsequently in these recitals as the “Protocol”, and the terms of which are set out in Part A of Schedule 2 to the following Order) to which the State is a party, an arrangement was made with other countries that are parties to that Protocol for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Protocol was acceded to on behalf of the State on 10 September 2004;

AND WHEREAS the Protocol has also been ratified, or acceded to, by the countries specified in Part B of Schedule 2 to the following Order subject to the reservations and declarations by certain of the countries concerned specified in Part C of that Schedule;

NOW I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 8 (amended by

section 57

(3) of the

Criminal Justice (Terrorist Offences) Act 2005

(No. 2 of 2005)) of the

Extradition Act 1965

(No. 17 of 1965) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2011 (

S.I. No. 246 of 2011

)), and after consultation with the Minister for Justice and Equality, hereby order as follows