General information
- Entry into force: 28-07-2010
Kingdom part
Netherlands (in Europe)
- Entry into force: 30-05-2011
Netherlands (Bonaire)
- Entry into force: 30-05-2011
Netherlands (Sint Eustatius)
- Entry into force: 30-05-2011
Netherlands (Saba)
- Entry into force: 30-05-2011
Party
Algeria
- Ratification: 25-01-2011 (A)
- Entry into force: 25-04-2011
Antigua and Barbuda
- Ratification: 24-11-2015 (A)
- Entry into force: 22-02-2016
Australia
Austria
- Signature: 12-05-2006
- Ratification: 18-06-2010 (R)
- Entry into force: 16-09-2010
Barbados
- Ratification: 08-03-2023 (A)
- Entry into force: 06-06-2023
Belgium
- Ratification: 02-07-2019 (A)
- Entry into force: 30-09-2019
Benin
- Ratification: 28-06-2018 (A)
- Entry into force: 26-09-2018
Bulgaria
- Signature: 11-09-2006
- Ratification: 07-10-2010 (R)
- Entry into force: 05-01-2011
Cook Islands
- Ratification: 12-03-2007 (A)
- Entry into force: 28-07-2010
Côte d'Ivoire
- Ratification: 23-03-2012 (A)
- Entry into force: 21-06-2012
Cuba
- Ratification: 10-04-2014 (A)
- Entry into force: 09-07-2014
Djibouti
- Ratification: 23-04-2014 (A)
- Entry into force: 22-07-2014
Dominican Republic
- Ratification: 09-03-2010 (A)
- Entry into force: 28-07-2010
Estonia
- Signature: 08-02-2007
- Ratification: 16-05-2008 (R)
- Entry into force: 28-07-2010
Fiji
- Ratification: 21-05-2008 (A)
- Entry into force: 28-07-2010
Ghana
- Ratification: 18-11-2019 (A)
- Entry into force: 16-02-2020
Greece
- Signature: 12-02-2007
- Ratification: 11-09-2013 (R)
- Entry into force: 10-12-2013
Guyana
- Ratification: 20-02-2019 (A)
- Entry into force: 21-05-2019
Iraq
- Ratification: 19-07-2021 (A)
- Entry into force: 17-10-2021
Italy
Jamaica
- Ratification: 28-11-2013 (A)
- Entry into force: 26-02-2014
Kazakhstan
- Ratification: 03-05-2019 (A)
- Entry into force: 01-08-2019
Latvia
- Ratification: 16-11-2009 (A)
- Entry into force: 28-07-2010
Liechtenstein
- Ratification: 28-08-2009 (A)
- Entry into force: 28-07-2010
Marshall Islands
- Ratification: 09-05-2008 (A)
- Entry into force: 28-07-2010
Mauritania
- Ratification: 21-08-2013 (A)
- Entry into force: 19-11-2013
Montenegro
- Ratification: 06-01-2020 (A)
- Entry into force: 05-04-2020
Nauru
- Ratification: 29-04-2010 (A)
- Entry into force: 28-07-2010
New Zealand
- Signature: 24-01-2007
- Ratification: 26-02-2018 (R)
- Entry into force: 27-05-2018
- Tokelau Islands
Entry into force: 27-05-2018
Nigeria
- Ratification: 18-06-2015 (A)
- Entry into force: 16-09-2015
Norway
- Signature: 14-02-2006
- Ratification: 30-09-2013 (R)
- Entry into force: 29-12-2013
Palau
- Ratification: 29-09-2011 (A)
- Entry into force: 28-12-2011
Panama
- Ratification: 24-02-2011 (A)
- Entry into force: 25-05-2011
Portugal
- Signature: 14-06-2006
- Ratification: 01-09-2015 (R)
- Entry into force: 30-11-2015
Republic of the Congo
- Ratification: 28-05-2015 (A)
- Entry into force: 26-08-2015
Saint Kitts and Nevis
- Ratification: 29-03-2007 (A)
- Entry into force: 28-07-2010
Saint Lucia
- Ratification: 08-11-2012 (A)
- Entry into force: 06-02-2013
Saint Vincent and the Grenadines
- Ratification: 05-07-2010 (A)
- Entry into force: 03-10-2010
San Marino
- Ratification: 15-12-2014 (A)
- Entry into force: 15-03-2015
Saudi Arabia
- Ratification: 31-07-2013 (A)
- Entry into force: 29-10-2013
Serbia
- Ratification: 08-07-2010 (A)
- Entry into force: 06-10-2010
Spain
- Signature: 12-02-2007
- Ratification: 16-04-2008 (R)
- Entry into force: 28-07-2010
Togo
- Ratification: 06-02-2017 (A)
- Entry into force: 07-05-2017
Türkiye
- Signature: 15-08-2006
- Ratification: 19-07-2010 (R)
- Entry into force: 17-10-2010
United Kingdom
Uruguay
- Ratification: 29-04-2015 (A)
- Entry into force: 28-07-2015
Vanuatu
- Ratification: 20-08-2008 (A)
- Entry into force: 28-07-2010
Denmark
Finland
- Signature: 27-02-2006
- Ratification: 26-05-2020 (R)
- Entry into force: 24-08-2020
- Reservations / Declarations: Yes
- Objections: No
-
reservation
26-05-2020
In accordance with article 21, paragraph 3 of the 2005 Protocol to the Convention
for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, Finland
declares that it will apply the provisions of article 3ter of the Convention, as amended
by the 2005 Protocol, in accordance with the principles of its criminal law concerning
family exemptions of liability.
France
- Signature: 14-02-2006
- Ratification: 09-05-2018 (R)
- Entry into force: 07-08-2018
- Reservations / Declarations: Yes
- Objections: No
-
reservation
09-05-2018
1. Concerning article 4, paragraph 4 of the Protocol replacing article 3, paragraph
2 of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, the French Republic understands "threatens"/"threat" to mean a threat
[Fr. menace] such as it is defined in the conditions provided for by French criminal
legislation.
2. Concerning article 4, paragraph 7 of the Protocol, which inserts an article 3quater
in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, the French Republic understands "attempts to commit an offence", "participates
as an accomplice in an offence" and "organizes [the commission of] an offence" to
mean an attempt [Fr. tentative] and participation as an accomplice [Fr. complicité]
such as they are defined in the conditions provided for by French criminal legislation.
3. Concerning article 4, paragraph 6 of the Protocol, which inserts an article 3ter
in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, the French Republic reserves the right not to establish as a criminal
offence the fact of unlawfully and intentionally transporting another person on board
a ship knowing that the person has committed an act that constitutes an offence set
forth in article 3, 3bis or 3quater or an offence set forth in any treaty listed in
the annex, and intending to assist that person in evading criminal prosecution, where
the said person has committed an offence that constitutes a minor offence [Fr. contravention],
a misdemeanour [Fr. délit] or an act of terrorism punishable by less than 10 years'
imprisonment. In accordance with article 21, paragraph 3 of the Protocol, the French
Republic will apply article 3ter of the Convention in accordance with the principles
of French criminal law concerning family exemptions of liability.
4. The French Republic does not consider itself bound by the provisions of article
16, paragraph 1 of the Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation, as revised by the present Protocol, according to which
"Any dispute between two or more States Parties concerning the interpretation or application
of this Convention which cannot be settled through negotiation within a reasonable
time 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
agree on the organization of the arbitration any one of those parties may refer the
dispute to the International Court of Justice by request in conformity with the Statute
of the Court.
Germany
- Ratification: 29-01-2016 (A)
- Entry into force: 28-04-2016
- Reservations / Declarations: Yes
- Objections: No
-
reservation
29-01-2016
In accordance with Article 21, paragraph 3 of the Protocol, the Federal Republic of
Germany declares that it will apply the provisions of Article 3ter in accordance with
the principles of German criminal law concerning family exemptions of liability.
Netherlands, the Kingdom of the
- Signature: 31-01-2007
- Ratification: 01-03-2011 (R)
- Entry into force: 30-05-2011
- Reservations / Declarations: Yes
- Objections: No
-
reservation
01-03-2011
The Kingdom of the Netherlands declares that it will apply the provisions of article
3ter of the Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation, 2005, in accordance with the principles of its criminal law concerning
family exemptions of liability.
Qatar
Sweden
Switzerland
United States of America
- Signature: 17-02-2006
- Ratification: 28-08-2015 (R)
- Entry into force: 26-11-2015
- Reservations / Declarations: Yes
- Objections: No
-
reservation
28-08-2015
Consistent with article 16(2) of the Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation, 2005, the United States of America declares
that it does not consider itself bound by article 16(1) of the Convention with respect
to disputes concerning the interpretation or application of the 2005 SUA Protocol.
Understandings
1) The United States of America understands that the term "armed conflict" in article
3 of the 2005 SUA Protocol (which adds, inter alia, paragraph 2 of article 2bis to
the Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation) does not include internal disturbances and tensions, such as riots, isolated
and sporadic acts of violence, and other acts of a similar nature.
2) The United States of America understands that the term "international humanitarian
law," in article 3 of the 2005 SUA Protocol (which adds, inter alia, paragraph 1 and
2 of article 2bis to the Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation) has the same substantive meaning as the "law of war."
3) The United States of America understands that, pursuant to article 3 of the 2005
SUA Protocol (which adds, inter alia, paragraph 2 of article 2bis to the Convention
for the Suppression of Unlawful Acts against the Safety of Maritime Navigation), the
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
2005, does not apply to: (a) the military forces of a State, which are the armed forces
of a State organized, trained, and equipped under its internal law for the primary
purpose of national defence or security, in the exercise of their official duties;
(b) civilians who direct or organize the official activities of military forces of
a State; or (c) civilians acting in support of the official activities of the military
forces of a State, if the civilians are under the formal command, control, and responsibility
of those forces.
4) The United States of America understands that:
A. Article 3 and article 4(5) of the 2005 SUA Protocol (which add, inter alia, article
2bis(3) and article 3bis(2), respectively, to the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime Navigation (together referred to as "the
NPT savings clauses")) protect from criminal sanction under the Convention for the
Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005, the
transport of source material, special fissionable material, or equipment or material
especially designed or prepared for the processing, use, or production of special
fissionable material:
(i) from the territory of, or otherwise under the control of, a State Party to the
Treaty on the Non-Proliferation of Nuclear Weapons ("NPT") to the territory of, or
otherwise under the control of, another NPT State Party or a State that is not an
NPT party; and
(ii) from the territory of, or otherwise under the control of, a state that is not
an NPT party to the territory of, or otherwise under the control of, an NPT State
Party, where the resulting transfer or receipt of such items or materials is not contrary
to the NPT obligations of the NPT State Party.
B. The following are illustrative examples of transport of source material, special
fissionable material, and equipment or material especially designed or prepared for
the processing, use, or production of special fissionable material that would not
constitute offenses under the Convention for the Suppression of Unlawful Acts against
the Safety of Maritime Navigation, 2005, by virtue of the savings clauses:
(i) Transport of source material or special fissionable material (from either an NPT
State Party or a State that is not an NPT party) to an NPT nuclear-weapon State Party,
as that term is defined in the NPT, regardless of whether the source material or special
fissionable material will be under safeguards in the NPT nuclear-weapon State Party,
because the resulting receipt of the material is not contrary to the NPT obligations
of the nuclear-weapon State Party;
(ii) Transport of source material or special fissionable material to a non-nuclear-weapon
State Party, as such term is used in the NPT, for non-nuclear use without safeguards,
in accordance with the provisions of the recipient country's IAEA comprehensive safeguards
agreement allowing for exemption of the source material or special fissionable material
from safeguards or the non-application or termination of safeguards (e.g. for specified
de minimis amounts, or for use in a non-proscribed military activity which does not
require the application of IAEA safeguards or in a non-nuclear use such as the production
of alloys or ceramics);
(iii) Transport of source material or special fissionable material or especially designed
or prepared equipment, as described in article 4(5) of the 2005 SUA Protocol (which
adds article 3bis(1) (b) (iii) to the Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation), from an NPT State Party to a State that
is not an NPT party, so long as the relevant material is for peaceful purposes and
placed under IAEA safeguards, consistent with the NPT State Party's obligations under
article III.2 of the NPT. If the source or special fissionable material transferred
for peaceful purposes is subject to an IAEA safeguards agreement but is not required
by that agreement actually to be under safeguards (e.g. under an exemption for de
minimis amounts or a provision permitting safeguards termination for non-nuclear use),
the transport would not constitute an offense under article 3bis(1) (b) (iii) of the
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,
2005.
5) The United States of America understands that current United States law with respect
to the rights of persons in custody and persons charged with crimes fulfills the requirement
in article 9 of the 2005 SUA Protocol and, accordingly, the United States does not
intend to enact new legislation to fulfill its obligations under this article.
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