Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region 2

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Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region

 

ARTICLE VII – COOPERATION IN PROSECUTIONS

1. The Parties may, by way of provisions in a Subsidiary Agreement or
otherwise, agree on procedures for the extradition to a Party of persons
charged with offences against the fisheries laws of that Party.

2. A Party may request another Party which is holding a person or any
equipment(including a vessel) in custody for an offence against the laws
of the holding Party to assist the requesting Party to enforce its
fisheries laws in respect of that person or equipment. The holding Party
shall provide such assistance upon completion of its legal processes and
to the extent permitted by its national laws and regulations. Such
assistance shall be provided on such conditions as to cost recovery or
other matters as the Parties agree in each case.

3. The Parties may agree on procedures whereby persons permitted to
appear as advocates or Expert Witnesses in the courts of one Party are,
for the purposes of judicial proceedings involving offences against
fisheries laws, entitled to perform the same or substantially similar
functions in the courts of another Party.

4. Where there are waters over which more than one Party claims to have
jurisdiction for the purposes of the application of fisheries laws, the
Parties concerned shall for the purposes of the application of this
Agreement seek to adopt the provisional lines used for the distribution
of revenue received under the Treaty on Fisheries between the Governments
of Certain Pacific Island States and the Government of the United States
of America done at Port Moresby on 2 April 1987.

ARTICLE VIII – COOPERATION IN ENFORCEMENT OF PENALTIES

Should two or more Parties wish to provide that a penalty imposed by one
Party under its fisheries laws be enforced by another Party, they may, by
way of provisions in a Subsidiary Agreement or otherwise, agree on
procedures for that purpose consistent with their national laws.

ARTICLE IX – CONSULTATIONS

The Director of the South Pacific Forum Fisheries Agency, at the request
of any three or more Parties, shall convene a meeting to discuss any
matter arising out of the application of this Treaty. The meeting shall
be held at such time and place as the Parties may agree, but shall be
held not more than 90 days after the request is notified to the Director.

ARTICLE X – NOTIFICATION

1. Each Party shall notify the Director of the South Pacific Forum
Fisheries Agency of the current postal, cable, telex and facsimile
addresses which it wishes to be used for the receipt of notices given
pursuant to this Treaty, and of any changes to a notified address. The
Director of the South Pacific Forum Fisheries Agency shall inform all
Parties of the notified addresses.

2. Any notice given under this Treaty shall be in writing and may be
served by hand, post, cable, telex or facsimile to the notified address.

ARTICLE XI – DEPOSITARY

The depositary for this Treaty shall be the Government of Niue.

ARTICLE XII – AMENDMENTS

1. Any Party may propose to the depositary an amendment to this Treaty,
which shall be considered by the Parties at a meeting arranged in
accordance with Article IX.

2. The text of any amendments shall be adopted by unanimous decision of
the Parties to the Treaty.

3. Any amendment to this Treaty which is adopted by the Parties shall
enter into force upon the receipt by the depositary of the instruments of
ratification, acceptance or approval by all of the Parties, or on such
later date as may be specified in the amendment.

4. The depositary shall notify all of the Parties of the entry into
force of an amendment.

ARTICLE XIII – FINAL CLAUSES

1. This Treaty shall be open for signature by:

(a) any member of the South Pacific Forum Fisheries Agency;

(b) any Territory of a Member of the South Pacific Forum Fisheries
Agency which has been authorized to sign the Treaty and to assume rights
and obligations under it by the Government of the State which is
internationally responsible for it.

2. This Treaty is subject to ratification by members of the South
Pacific Forum Fisheries Agency and the Territories referred to in
paragraph 1 of this Article.The instruments of ratification shall be
deposited with the depositary.

3. This Treaty shall enter into force on the date of deposit of the
fourth instrument of ratification.

4. This Treaty shall remain open for accession by the members of the
South Pacific Forum Fisheries Agency and the Territories referred to in
paragraph 1 of this Article. The instruments of accession shall be
deposited with the depositary.

5. If all of the Parties agree, a State which is not a Party to the
South Pacific Forum Fisheries Agency Convention may accede to this
Treaty.

6. For any member of the South Pacific Forum Fisheries Agency or a State
or Territory which ratifies or accedes to the Treaty after the date of
deposit of the fourth instrument of ratification, the Treaty shall enter
into force on the date of deposit of its instrument of ratification or
accession.

ARTICLE XIV – CERTIFICATION AND REGISTRATION

1. The original of the Treaty shall be deposited with the depositary,
which shall transmit certified copies to all States and Territories
eligible to become party to this Treaty.

2. The depositary shall register this Treaty in accordance with Article
102 of the Charter of the United Nations .

IN WITNESS WHEREOF the undersigned, being duly authorised by their
respective Governments, have signed this Treaty.

OPENED FOR SIGNATURE at Honiara, Solomon Islands on the ninth day of
July, One thousand nine hundred and ninety two.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Charter of the United Nations, Expert Witnesses, Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region.

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