3 DE DEZEMBRO DE 1998

472-(9)

Article 8 Transfers

1 — In order to promote the purposes of this Protocol, each High Contracting Party:

a) Undertakes not to transfer any mine the use of which is prohibited by this Protocol;

b) Undertakes not to transfer any mine to any recipient other than a State or a State agency authorized to receive such transfers;

c) Undertakes to exercise restraint in the transfer of any mine the use of which is restricted by this Protocol. In particular, each High Contracting Party undertakes not to transfer any antipersonnel mines to States which are not bound by this Protocol, unless the recipient State agrees to aplly this Protocol; and

d) Undertakes to ensure that any transfer in accordance with this article takes place in full compliance, by both the transferring and the recipient State, with the relevant provisions of this Protocol and the applicable norms of international humanitarian law.

2 — In the event that a High Contracting Party declares that it will defer compliance with specific provisions on the use of certain mines, as provided for in the technical annex, subparagraph 1, d), of this article shall however apply to such mines.

3 — All High Contracting Parties, pending the entry . into force of this Protocol, will refrain from any actions which would be inconsistent with subparagraph 1, a), of this article.

Article 9

Recording and use of information on minefields, mined areas, mines, booby-traps and other devices

1 — All information concerning minefields, mined areas, mines, booby-traps and other devices shall be recorded in accordance with the provisions of the technical annex.

2 — Ail such records shall be retained by the parties to a conflict, who shall, without delay after the cessation of active hostilities, take all necessary and appropriate measures, including the use of such information, to protect civilians from the effects of minefields, mined areas, mines, booby-traps and other devices in areas under their control.

At the same time, they shall also make available to the other party or parties to the conflict and to the Secretary-General of the United Nations all such information in their possession concerning minefields, mined areas, mines, booby-traps and other devices laid by them in areas no longer under their control; provided, however, subject to reciprocity, where the forces of a party to a conflict are in the territory of an adverse party, either party may withhold such information from the Secretary-General and the other party, to the extent that security interests require such withholding, until neither party is in the territory of the other. In the latter case, the information withheld shall be disclosed as soon as those security interests permit. Wherever possible, the parties to the conflict shall seek, by mutual agreement, to provide for the release of such information at the earliest possible time in a manner consistent with the security interests of each party.

3 — This article is without prejudice to the provisions of articles 10 and 12 of this Protocol.

Article 10

Removal of minefields, mined areas, mines, booby-traps and other devices and International cooperation

1 — Without delay after the cessation of active hostilities, all minefields, mined areas, mines, booby-traps and other devices shall be cleared, removed, destroyed or maintained in accordance with article 3 and para-

graph 2 of article 5 of this Protocol.

2 — High Contracting Parties and parties to a conflict bear such responsibility with respect to minefields, mined areas, mines, booby-traps and other devices in areas under their control.

3 — With respect to minefields, mined areas, mines, booby-traps and other devices laid by a party in areas over which it no longer exercises control, such party shall provide to the party in control of the area pursuant to paragrapf 2 of this article, to the extent permitted by such party, technical and material assistance necessary to fulfil such responsibility.

4 — At all times necessary, the parties shall endeavour to reach agreement, both among themselves and, where appropriate, with other States and with international organizations, on the provision of technical and material assistance, including, in appropriate circumstances, the undertaking of joint operations necessary to fulfil such responsibilities.

Article 11 Technological cooperation and assistance

1 — Each High Contracting Party undertakes to facilitate and shall have the right to participate in the fullest possible exchange of equipment, material and scientific and technological information concerning the implementation of this Protocol and means of mine clearance. In particular, High Contracting Parties shall not impose undue restrictions on the provision of mine clearance equipment and related technological information for humanitarian purposes.

2 — Each High Contracting Party undertakes to provide information to the database on mine clearance established within the United Nations System, especially information concerning various means and technologies of mine clearance, and lists of experts, expert agencies or national points of contact on mine clearance.

3 — Each High Contracting Party in a position to do so shall provide assistance for mine clearance through the United Nations System, other international bodies or on a bilateral basis, or contribute to the United Nations Voluntary Trust Fund for Assistance in Mine Clearance.

4 — Requests by High Contracting Parties for assistance, substantiated by relevant information, may be submitted to the United Nations, to other appropriate bodies or to other States. These requests may be submitted to the Secretary-General of the United Nations, who shall transmit them to all High Contracting Parties and to relevant international organizations.

5 — In the case of requests to the United Nations, the Secretary-General of the United Nations, within the resources available to the Secretary-General of the United Nations, may take appropriate steps to assess the situation and, in cooperation with the requesting High Contracting Party, determine the appropriate provision of assistance in mine clearance or implementation of the Protocol. The Secretary-General may also report to High Contracting Parties on any such assessment as well as on the type and scope of assistance required.