Article 8.
Measures against the smuggling of migrants by sea
1. A State Party that has reasonable grounds to suspect that a vessel that
is flying its flag or claiming its registry, that is without nationality or that,
though flying a foreign flag or refusing to show a flag, is in reality of the
nationality of the State Party concerned is engaged in the smuggling of migrants
by sea may request the assistance of other States Parties in suppressing the use
of the vessel for that purpose. The States Parties so requested shall render such
assistance to the extent possible within their means.
2. A State Party that has reasonable grounds to suspect that a vessel
exercising freedom of navigation in accordance with international law and flying
the flag or displaying the marks of registry of another State Party is engaged in
the smuggling of migrants by sea may so notify the flag State, request confirmation of registry and, if confirmed, request authorization from the flag State
to take appropriate measures with regard to that vessel. The flag State may
authorize the requesting State, inter alia:
(a) To board the vessel;
(b) To search the vessel; and
(c) If evidence is found that the vessel is engaged in the smuggling of
migrants by sea, to take appropriate measures with respect to the vessel and
persons and cargo on board, as authorized by the flag State.
3. A State Party that has taken any measure in accordance with paragraph 2 of this article shall promptly inform the flag State concerned of the
results of that measure.
4. A State Party shall respond expeditiously to a request from another
State Party to determine whether a vessel that is claiming its registry or flying
its flag is entitled to do so and to a request for authorization made in accordance
with paragraph 2 of this article.
5. A flag State may, consistent with article 7 of this Protocol, subject its
authorization to conditions to be agreed by it and the requesting State, including conditions relating to responsibility and the extent of effective measures to
be taken. A State Party shall take no additional measures without the express
authorization of the flag State, except those necessary to relieve imminent
danger to the lives of persons or those which derive from relevant bilateral or
multilateral agreements.
6. Each State Party shall designate an authority or, where necessary,
authorities to receive and respond to requests for assistance, for confirmation of
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