Afghanistan

Reservation:
       “... the Government of the Islamic Republic of Afghanistan registers its reservation in relation to Article 18 of the said Protocol.”

Algeria

Reservations:
       The Government of the Algerian People's Democratic Republic does not consider itself bound by the provisions of article 20, paragraph 2, of this Protocol, which provides that any dispute between two or more States concerning the interpretation or application of the said Protocol that cannot be settled through negotiation shall, at the request of one of those States, be submitted to arbitration or referred to the International Court of Justice.
       The Government of the Algerian People's Democratic Republic believes that any dispute of this kind can only be submitted to arbitration or referred to the International Court of Justice with the consent of all parties to the dispute.

Declarations:
       Ratification of this Protocol by the Algerian People's Democratic Republic in no way signifies recognition of Israel.
       Such ratification cannot be construed as leading to the establishment of any kind of relations with Israel.

Azerbaijan

Declaration:
       "The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation."

Reservation:
       "In accordance with paragraph 3 of Article 20 of the Protocol, the Republic of Azerbaijan declares that it does not consider itself bound by paragraph 2 of Article 20."

Bahamas

Reservation:
       “In accordance with Article 20 paragraph 3, the Commonwealth of The Bahamas enters a specific reservation to the procedure established under Article 20 paragraph 2 of the Protocol on the basis that referral of a dispute concerning the application or interpretation of the provisions of the Protocol to arbitration or to the International Court of Justice must be by consent of all the parties to the dispute.”

Bahrain

Reservation:
       “... the Kingdom of Bahrain does not consider itself bound by paragraph 2 of article 20 of the Protocol against the Smuggling of Migrants by Land, Sea and Air.”

Belgium

Upon signature:
       Declaration:
       The French, Flemish and German-speaking Communities and the Regions of Wallonia, Flanders and Brussels-Capital are also bound by this signature.

Cuba

Declaration:
       The Republic of Cuba declares that, in accordance with the provisions of Article 20, paragraph 3 of the Protocol, it does not consider itself bound by the provisions of paragraph 2 of that Article.

Ecuador

Declaration and reservation:
       With regard to the Protocol against the Smuggling of Migrants by Land, Sea and Air, the Government of Ecuador declares that migrants are the victims of illicit trafficking in persons on the part of criminal organizations whose only goal is unjust and undue enrichment at the expense of persons wishing to perform honest work abroad.
       The provisions of the Protocol must be understood in conjunction with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly of the United Nations in 1990, and with current international instruments on human rights.
       Exercising the powers referred to in article 20, paragraph 3, of the Protocol against the Smuggling of Migrants by Land, Sea and Air, the Government of Ecuador makes a reservation with regard to article 20, paragraph 2, relating to the settlement of disputes.

El Salvador

Upon signature:
       Reservation:
       The Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of article 20, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.  With regard to article 9, paragraph 2, it hereby declares that only in the event of the revision of criminal judgements shall the State, in keeping with its domestic legislation, by law compensate the victims of judicial errors that have been duly proved.  With regard to article 18, it states that the return of smuggled migrants shall take place to the extent possible and within the means of the State.

Upon ratification:
       Reservation:
       With regard to article 20, paragraph 3, the Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of this article, inasmuch as it does not recognize the compulsory jurisdiction of the International Court of Justice.
       Declarations:
       With regard to article 9, paragraph 2, it hereby declares that only in the event of the revision of criminal judgements shall the State, in keeping with its domestic legislation, by law compensate the victims of judicial errors that have been duly proved.
       With regard to article 18, it states that the return of smuggled migrants shall take place to the extent possible and within the means of the State.

Ethiopia

Reservation:
       Ethiopia does not accept the jurisdiction of the International Court of Justice which is provided under Article 20(2) of the said Protocol.

European Union

Declaration:
       "Article 21 (3) of the Protocol provides that the instrument of accession of a regional economic integration organisation shall contain a declaration specifying the matters governed by the Protocol in respect of which competence has been transferred to the organisation by its Member States which are Parties to the Protocol.
       The Protocol against the smuggling of migrants by land, air and sea shall apply, with regard to the competences transferred to the European Community, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, in particular Article 299 thereof and the Protocols annexed to it.
       This declaration is without prejudice to the position of the United Kingdom and Ireland under the Protocol integrating the Schengen acquis into the framework of the European Union and under the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and the Treaty establishing the European Community.
       This declaration is equally without prejudice to the position of Denmark under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community.
       Pursuant to Article 299, this declaration is also not applicable to the territories of the Member States in which the said Treaty does not apply and is without prejudice to such acts or positions as may be adopted under the Protocol by the Member States concerned on behalf of and in the interests of those territories.  In accordance with the provision referred to above, this declaration indicates the competence that the Member States have transferred to the Community under the Treaties in matters governed by the Protocol.  The scope and the exercise of such Community competence are, by their nature, subject to continuous development as the Community further adopts relevant rules and regulations, and the Community will complete or amend this declaration, if necessary, in accordance with Article 21 (3) of the Protocol.
       The Community points out that it has competence with regard to the crossing of external borders of the Member States, regulating standards and procedures when carrying out checks on persons at such borders and rules on visas for intended stays of no more than three months.  The Community is also competent for measures on immigration policy regarding conditions of entry and residence and measures to counter illegal immigration and illegal residence, including repatriation of illegal residents.  Moreover, it can take measures to ensure cooperation between the relevant departments of the administrations of the Member States, as well as between those departments and the Commission, in the aforementioned areas.  In these fields the Community has adopted rules and regulations and, where it has done so, it is hence solely for the Community to enter into external undertakings with third States or competent international organisations.
       In addition, Community policy in the sphere of development cooperation complements policies pursued by Member States and includes provisions to prevent and combat smuggling of migrants."

Greece

Reservation:
       “Article 13 of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, without prejudice to Articles 9A of the Constitution, 19(3) of the Constitution, 8(1) of the European Convention on Human Rights, 436-457 of the Code of Criminal Procedure and 352B of the Criminal Code, as added by Article Second (12) of Law 3625/2007 (Government Gazette 290A), Law 2472/1997, as amended by Articles 8 of Law 2819/2000 (Government Gazette 84A), 10 of Law 3090/2002 (Government Gazette 329A) and Eighth of Law 3625/2007, Law 3471/2006 (Government Gazette 133A) and Presidential Decree 47/2005 (Government Gazette 64A).
       The Greek State makes use of Article 20(3) of the Protocol against the Smuggling of Migrants by Land, Sea and Air, and declares that it is not bound by para. 2 of this article.”

Indonesia

Declaration:
       "..., the Government of the Republic of Indonesia conveys her declaration on the provision of Article 6 paragraph (2) subparagraph c, Article 9 paragraph (1) subparagraph a, and Article 9 paragraph (2) of the Protocol [which] will have to be implemented in strict compliance with the principles of the sovereignty and territorial integrity of a state;"

Reservation:
       "..., the Government of the Republic of Indonesia conveys her reservation not to be bound by the provision of Article 20 (2) and takes the position that disputes relating to the interpretation and application on the Protocol which have not been settled through the channel provided for in Paragraph (1) of the said Article, may be referred to the International Court of Justice only with the concern of all Parties to the dispute;"

Lao People's Democratic Republic

Reservation:
       "In accordance with paragraph 3, Article 20 of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention Against Transnational Organized Crime, the Lao People's Democratic Republic does not consider itself bound by paragraph 2, Article 20 of the present Protocol.  The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Protocol to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute is necessary."

Lithuania

Reservation:
       "AND WHEREAS, it is provided in paragraph 3 of Article 20 of the Protocol, the Republic of Lithuania would like to declare that it does not consider itself bound by paragraph 2 of Article 20, which provides that any State Party may refer any dispute concerning the interpretation or application of the said Protocol to the International Court of Justice."

Malawi

Declarations:
       "The Government of the Republic of Malawi in its efforts to curb and stamp out offences related to trafficking in persons especially women and children has embarked upon various social and legal reforms to incorporate obligations emanating from this Protocol;
       Further, expressly declares its acceptance of Article 20 (2) on settlement of disputes concerning interpretation and application of this Protocol in consonant with Article 20 (3)."

Myanmar

Reservation:
       "The Government of the Union of Myanmar wishes to express reservation on Article 20 and does not consider itself bound by obligations to refer disputes relating to the interpretation or application of this Protocol to the International Court of Justice."

Republic of Moldova

Reservation and declaration :
       In accordance with paragraph 3 of article 20 of the Protocol, the Republic of Moldova does not consider itself bound by provisions of the paragraph 2 of article 20 of the Protocol.
       Until the full establishment of the territorial integrity of the Republic of Moldova, the provisions of the Protocol will be applied only on the territory controlled by the authorities of the Republic of Moldova.

South Africa

Reservation:
       "AND WHEREAS pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of Article 20 (2) of the Protocol which provides for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Protocol.  The Republic will adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case."

Syrian Arab Republic

Reservation:
       The Syrian Arab Republic expresses a reservation about the Protocol against the Smuggling of Migrants by Land, Sea and Air, article 20, paragraph 2.

Declaration:
       … The Government of the Syrian Arab Republic is not a party to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees referred to in the Protocol against the Smuggling of Migrants by Land, Sea and Air, article [19], paragraph 1.

Tunisia

Reservation:
       In ratifying the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, adopted by the General Assembly of the United Nations on 15 November 2000, declares that it does not consider itself bound by article 20, paragraph 2, of the Protocol and affirms that disputes concerning the interpretation or application of the Protocol may be referred to the International Court of Justice only after it has given its prior consent.

United States of America

Reservation:
       "(1) The United States of America criminalizes most but not all forms of attempts to commit the offenses established in accordance with Article 6, paragraph 1 of this Protocol.  With respect to the obligation under Article 6, Paragraph 2 (a), the United States of America reserves the right to criminalize attempts to commit the conduct described in Article 6, paragraph 1 (b), to the extent that under its laws such conduct relates to false or fraudulent passports and other specified identity documents, constitutes fraud or the making of a false statement, or constitutes attempted use of a false or fraudulent visa.
       (2) In accordance with Article 20, paragraph 3, the United States of America declares that it does not consider itself bound by the obligation set forth in Article 20, paragraph 2.".

Understanding:
       "The United States of America understands the obligation to establish the offenses in the Protocol as money laundering predicate offenses, in light of Article 6, paragraph 2 (b) of the United Nations Convention Against Transnational Organized Crime, as requiring States Parties whose money laundering legislation sets forth a list of specific predicate offenses to include in such list a comprehensive range of offenses associated with smuggling of migrants."

Venezuela (Bolivarian Republic of)

Reservation:
       The Bolivarian Republic of Venezuela, in accordance with the provision of article 20 (3) of the Protocol against Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention against Transnational Organized Crime, formulates a reservation with respect to the provision established under paragraph 2 of the said article. Consequently, it does not consider itself obligated to refer to arbitration as a means of settlement of disputes, nor does it recognize the compulsory jurisdiction of the International Court of Justice.

Germany

Armenia

Azerbaijan

Czech Republic

Finland

Guatemala

Italy

Liechtenstein

Netherlands

Peru

Romania

South Africa

Sweden

United Republic of Tanzania