For the purposes of this protocol:

1- "Protocol of 1988" means the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, signed in Rome on March 10, 1988.

2- "Organization" means the International Maritime Organization.

3- "Secretary-General" means the Secretary-General of the Organization.

Paragraph 1 of Article 1 of the 1988 Protocol is replaced with the following text:

1- The provisions of subparagraphs 1 (C), (D), (E), (F), (G), (H), and 2 (A) of Article 1, and the provisions of Articles 2 bis, 3, 5 bis, and 7, and the provisions of Articles 10 to 16, including Articles 11 bis, 11 bis (2), and 12 bis, of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, as amended by the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, shall also apply, with necessary modifications, to the criminal acts stipulated in Articles 2, 2 bis, and 2 bis (2) of this Protocol, if these criminal acts are directed against or committed on fixed platforms located on the continental shelf.

1- Paragraph 1 (d) of Article 2 of the 1988 Protocol is replaced with the following text:

• (d) Engaging, by any means, in placing or causing to be placed a device or material likely to destroy the platform or likely to endanger its safety.

2- Paragraph 1 (e) of Article 2 of the 1988 Protocol is deleted.

3- Paragraph 2 of Article 2 of the 1988 Protocol is replaced with the following text:

• 2- Any person also commits an offense if they make a threat, conditional or unconditional, as stipulated by national law, to commit any of the criminal acts specified in paragraphs 1(b) and (c) with the intent to compel a natural or legal person to perform or refrain from performing any act, if such threat is likely to endanger the safety of the fixed platform.

1- Insert the second text as Article 2 bis:

• Article 2 bis

• 1- Any person commits an offense within the meaning of this protocol if he unlawfully and intentionally does the following, when the purpose of the act, by its nature or context, is to intimidate the population, or to compel a government or an international organization to do or abstain from doing any act:

• (A) Uses against or on a fixed platform or discharges from a fixed platform any explosive, radioactive material, or biological, chemical, or nuclear weapon in a manner that causes or is likely to cause death or serious injury or significant damage,

• (B) Or discharges from a fixed platform oil, liquefied natural gas, or any other hazardous or harmful substance not covered by subparagraph (A), in quantities or concentrations that cause or are likely to cause death or serious injury or significant damage,

• (C) Or threatens, conditionally or unconditionally, as provided for by national law, to commit an offense set forth in subparagraph (A) or subparagraph (B).

2- Insert the following text as Article 2 bis second:

Article 2 bis second

Any person also commits an offense within the meaning of this protocol if he:

• (A) Unlawfully and intentionally injures or kills any person in the context of committing any of the criminal acts set forth in paragraph 1 of Article 2 or Article 2 bis,

• (B) Or attempts to commit an offense set forth in paragraph 1 of Article 2 or subparagraph (A) or subparagraph (B) of Article 2 bis or subparagraph (A) of this article,

• (C) Or contributes as an accomplice in committing an offense set forth in Article 2 or Article 2 bis or subparagraph (A) or subparagraph (B) of this article,

• (D) Or organizes or directs others to commit an offense set forth in Article 2 or Article 2 bis or subparagraph (A) or subparagraph (B) of this article,

• (E) Or contributes to the commission of one or more of the criminal acts set forth in Article 2 or Article 2 bis or subparagraph (A) or subparagraph (B) of this article by a group of persons acting with a common purpose and intentionally either:

  • (I) With the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offense set forth in Article 2 or Article 2 bis,

  • (II) Or being aware of the group's intention to commit an offense set forth in Article 2 or Article 2 bis.

1- Paragraph 1 of Article 3 of the 1988 Protocol is replaced with the following text:

• 1- Each State Party shall take necessary measures to establish its jurisdiction over the criminal acts stipulated in Articles 2, 2 bis, and 2 bis bis when the crime is committed:

• (A) Against or on a fixed platform when this platform is located on the continental shelf of that state,

• (B) Or by one of its nationals.

2- Paragraph 3 of Article 3 of the 1988 Protocol is replaced with the following text:

• 3- Any State Party that has established the jurisdiction mentioned in paragraph 2 shall notify the General Secretary of this, and if this state later revokes that jurisdiction, it must inform the General Secretary accordingly.

3- Paragraph 4 of Article 3 of the 1988 Protocol is replaced with the following text:

• 4- Each State Party shall take necessary measures to establish its jurisdiction over the criminal acts stipulated in Articles 2, 2 bis, and 2 bis bis in cases where the suspect is present in its territory and does not extradite him to any of the States Parties that have established their jurisdiction under paragraphs 1 and 2.

1- The Protocol of 1988 and this Protocol shall be interpreted and construed, as between the parties to this Protocol, as constituting a single instrument.

2- Articles 1 to 4 of the Protocol of 1988, as revised in this Protocol, together with Articles (.....) to 13 of this Protocol, constitute the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 2005 (Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms, 2005) and shall be known by this name.

The following text is added as Article 4 bis of the Protocol:

Final provisions of the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf of 2005.

The final provisions of the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf of 2005 consist of Articles 8 to 13 of the 2005 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, and references in this Protocol to the States Parties are understood to mean references to the States Parties to the 2005 Protocol.

1- The protocol shall be open for signature at the organization's headquarters from February 14, 2006, to February 13, 2007, and shall remain open for accession thereafter.

2- States may express their consent to be bound by this protocol by:

• (A) Signing without reservation as to ratification, acceptance, or approval;

• (B) Or signing subject to ratification, acceptance, or approval, followed by ratification, acceptance, or approval;

• (C) Or accession.

3- Ratification, acceptance, approval, or accession shall be effected by the deposit of an instrument to that effect with the General Secretary.

4- Only a State that signed the 1988 Protocol without reservation as to ratification, acceptance, or approval, or has ratified, accepted, approved, or acceded to the 1988 Protocol, may become a party to this protocol.