registry or of the right of a vessel to fly its flag and for authorization to take
appropriate measures. Such designation shall be notified through the SecretaryGeneral to all other States Parties within one month of the designation.
7. A State Party that has reasonable grounds to suspect that a vessel is
engaged in the smuggling of migrants by sea and is without nationality or may
be assimilated to a vessel without nationality may board and search the vessel.
If evidence confirming the suspicion is found, that State Party shall take appropriate measures in accordance with relevant domestic and international law.
Article 9. Safeguard clauses
1. Where a State Party takes measures against a vessel in accordance with
article 8 of this Protocol, it shall:
(a) Ensure the safety and humane treatment of the persons on board;
(b) Take due account of the need not to endanger the security of the
vessel or its cargo;
(c) Take due account of the need not to prejudice the commercial or legal
interests of the flag State or any other interested State;
(d) Ensure, within available means, that any measure taken with regard to
the vessel is environmentally sound.
2. Where the grounds for measures taken pursuant to article 8 of this
Protocol prove to be unfounded, the vessel shall be compensated for any loss
or damage that may have been sustained, provided that the vessel has not
committed any act justifying the measures taken.
3. Any measure taken, adopted or implemented in accordance with this
chapter shall take due account of the need not to interfere with or to affect:
(a) The rights and obligations and the exercise of jurisdiction of coastal
States in accordance with the international law of the sea; or
(b) The authority of the flag State to exercise jurisdiction and control in
administrative, technical and social matters involving the vessel.
4. Any measure taken at sea pursuant to this chapter shall be carried out
only by warships or military aircraft, or by other ships or aircraft clearly
marked and identifiable as being on government service and authorized to
that effect.
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