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Jurisdiction
- Each Party:
(a) Shall take such measures as may be necessary to establish its
jurisdiction over the offences it has established in accordance with
article 3, paragraph 1, when:
(i) The offence is committed in its territory;
(ii) The offence is committed on board a vessel flying its flag or
an aircraft which is registered under its laws at the time the offence
is committed;
(b) May take such measures as may be necessary to establish its jurisdiction
over the offences it has established in accordance with article 3,
paragraph 1, when:
(i) The offence is committed by one of its nationals or by a person
who has his habitual residence in its territory;
(ii) The offence is committed on board a vessel concerning which that
Party has been authorized to take appropriate action pursuant to article
17, provided that such jurisdiction shall be exercised only on the
basis of agreements or arrangements referred to in paragraphs 4 and
9 of that article;
(iii) The offence is one of those established in accordance with article
3, paragraph 1, subparagraph (c) (iv), and is committed outside its
territory with a view to the commission, within its territory, of
an offence established in accordance with article 3, paragraph 1.
- Each Party:
(a) Shall also take such measures as may be necessary to establish
its jurisdiction over the offences it has established in accordance
with article 3, paragraph 1, when the alleged offender is present
in its territory and it does not extradite him to another Party on
the ground:
(i) That the offence has been committed in its territory or on board
a vessel flying its flag or an aircraft which was registered under
its law at the time the offence was committed; or
(ii) That the offence has been committed by one of its nationals;
(b) May also take such measures as may be necessary to establish its
jurisdiction over the offences it has established in accordance with
article 3, paragraph 1, when the alleged offender is present in its
territory and it does not extradite him to another Party.
- This Convention does not exclude the exercise of any criminal jurisdiction
established by a Party in accordance with its domestic law.
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