Piracy and Maritime Violence Act

Piracy and Maritime Violence (Memorandum of Understanding between the United Kingdom of Great Britain and Northern Ireland and the Republic of Mauritius) Regulations 2012

[GN 135 of 2012 – 8 June 2012] [Sections 8 and 10]

1. These regulations may be cited as the Piracy and Maritime Violence (Memorandum of Understanding between the United Kingdom of Great Britain and Northern Ireland and the Republic of Mauritius) Regulations 2012.

2. In these regulations –

"Act" means the Piracy and Maritime Violence Act;

"Memorandum of Understanding" means the Memorandum of Understanding between the United Kingdom of Great Britain and Northern Ireland and the Republic of Mauritius on the Conditions of Transfer of Suspected Pirates and Seized Property to the Republic of Mauritius, signed on 8 June 2012 and set out in the Schedule.

3. The Memorandum of Understanding shall be deemed to be an arrangement under section 8 of the Act.

4. –

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SCHEDULE

[Regulation 2]

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE REPUBLIC OF MAURITIUS

AND

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
ON THE CONDITIONS OF TRANSFER OF SUSPECTED PIRATES AND SEIZED PROPERTY TO THE REPUBLIC OF MAURITIUS

The United Kingdom of Great Britain and Northern Ireland ("UK"), of the one part, and

The Republic of Mauritius ("Mauritius") of the other part,

Jointly, hereinafter referred to as the "Participants" and singularly as "Participant",

Taking into account:

– United Nations (UN) Security Council Resolutions (UNSCR) 1814 (2008), 1816 (2008), 1838 (2008), 1846 (2008) and 1851(2008) and successor resolutions,

– The 1982 UN Convention on the Law of the Sea (UNCLOS), in particular Articles 100 to 107 thereof,

– International Human Rights Law, including the 1966 International Covenant on Civil and Political Rights, and the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

– The 1989 UN Convention on the Rights of the Child,

– That this understanding will not affect the Participants' rights and obligations under international agreements and other instruments establishing international Courts and tribunals, including the Statute of the International Criminal Court,

HAVE REACHED THE FOLLOWING UNDERSTANDING:

SECTION 1AIM

This Understanding defines the conditions and modalities for –

(a) The transfer of persons suspected of attempting to commit, committing or having committed acts of piracy, and captured and detained by UK Forces,

(b) The transfer of associated property seized by UK Forces, from UK Forces to Mauritius,

(c) The treatment of Transferred Persons.

SECTION 2DEFINITIONS

For the purposes of this Understanding –

(a) "UK Forces" means members of the United Kingdom Armed Forces, together with members of all United Kingdom law enforcement agencies competent to investigate piracy serving alongside UK Forces, their ships, aircraft and other assets;

(b) "Piracy" for the purposes of this Understanding means piracy as defined in Article 101 of UNCLOS;

(c) "suspected pirate" means any person suspected of attempting to commit, committing or having committed an act of piracy;

(d) "Transferred Person" means any suspected pirate transferred by UK Forces to competent authorities of Mauritius pursuant to this Understanding;

(e) "UK" includes a representative of the UK. A representative includes members of the UK mission in Mauritius.

SECTION 3GENERAL PRINCIPLES

1. Mauritius will consider accepting, upon the request of the UK, the transfer of a suspected pirate captured and detained by UK Forces and any associated property seized by UK Forces, to its competent authorities for the purpose of investigation and prosecution. Any acceptance of a proposed handover w

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