4. Nothing in this Protocol shall prevent a State Party from taking measures against a person whose conduct constitutes an offence under its domestic law.
Article 3
Use of terms
For the purposes of this Protocol:
(a) "Smuggling of migrants" shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident;
(b) "Illegal entry" shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State;
(c) "Fraudulent travel or identity document" shall mean any travel or identity document:
(i) That has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorized to make or issue the travel or identity document on behalf of a State; or
(ii) That has been improperly issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or
(iii) That is being used by a person other than the rightful holder;
(d) "Vessel" shall mean any type of water craft' including non-displacement craft and seaplanes , used or capable of being used as a means of transportation on water, except a warship , naval auxiliary or other vessel owned or operated by a Government and used , for the time being, only on government non-commercial service.
また、United Nations, Crime prevention and criminal jusitice; Interpretative notes for the official records (travaux preparatoire) of the negotiation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto, A/55/383/Add. 1, paras. 91-97 (2000).
