Have agreed as follows:
Article 1
States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by the
present Protocol.
Article 2
For the purposes of the present Protocol:
(a) Sale of children means any act or transaction whereby a child is transferred by any person or group of
persons to another for remuneration or any other consideration;
(b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of
consideration;
(c) Child pornography means any representation, by whatever means, of a child engaged in real or simulated
explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.
Article 3
1. Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its
criminal or penal law, whether such offences are committed domestically or transnationally or on an individual
or organized basis:
(a) In the context of sale of children as defined in article 2:
(i) Offering, delivering or accepting, by whatever means, a child for the purpose of:
a. Sexual exploitation of the child;
b. Transfer of organs of the child for profit;
c. Engagement of the child in forced labour;
(ii) Improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable
international legal instruments on adoption;
(b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in article 2;
(c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above
purposes child pornography as defined in article 2.
2. Subject to the provisions of the national law of a State Party, the same shall apply to an attempt to commit
any of the said acts and to complicity or participation in any of the said acts.
3. Each State Party shall make such offences punishable by appropriate penalties that take into account their
grave nature.
4. Subject to the provisions of its national law, each State Party shall take measures, where appropriate, to
establish the liability of legal persons for offences established in paragraph 1 of the present article. Subject to
the legal principles of the State Party, such liability of legal persons may be criminal, civil or administrative.
5. States Parties shall take all appropriate legal and administrative measures to ensure that all persons involved
in the adoption of a child act in conformity with applicable international legal instruments.
Article 4
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences
referred to in article 3, paragraph 1, when the offences are commited in its territory or on board a ship or
aircraft registered in that State.
2. Each State Party may take such measures as may be necessary to establish its jurisdiction over the offences
referred to in article 3, paragraph 1, in the following cases:
(a) When the alleged offender is a national of that State or a person who has his habitual residence in its
territory;
(b) When the victim is a national of that State.
3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the
aforementioned offences when the alleged offender is present in its territory and it does not extradite him or
her to another State Party on the ground that the offence has been committed by one of its nationals.
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