(THE HAGUE, 26 MARCH 1999) as at 9 December 2003 (date of the last deposit of a new instrument)
On 9 December 2003 Costa Rica deposited with the Director-General of UNESCO its instrument of accession to the Second Protocol thus becoming the twentieth State party to the Protocol. Therefore, in accordance with Article 43 (1) of the Second Protocol, it will enter into force on 9 March 2004, e.g three months after the deposit of twentieth instrument of ratification, acceptance, approval or accession.
Note: The Second Protocol was opened for signature at The Hague from 17 May 1999 until 31 December 1999 in accordance with Article 40.
1 The instrument contains the following “interpretative Declaration of the Republic of Austria:
Concerning Article 15 sub-paragraph 1 (c):
The Republic of Austria considers that the term “appropriation” refers to the offence of (grave) theft as set forth in §§ 127 and 128 sub-paragraph 1 (3) of the Austrian Criminal code (österreichisches Strafgesetzbuch – StGB).
Concerning Article 16 sub-paragraph 1 (c):
The Republic of Austria considers with regard to the provision of Article 17 paragraph 1 that the obligation under Article 16 sub-paragraph 1 (c) to establish jurisdiction over the serious violations set forth in Article 15 sub-paragraphs (a) to (c) only applies to such cases where the alleged offender cannot be extradited (aut dedere aut judicare).”
2 The instrument contains the following reservation:
"The Republic of Azerbaijan declares that under the definition of "the competent national authorities of the occupied territory" mentioned in Article 9, paragraph 2 of the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, it understands the central competent authority dealing with the issues on the protection of the cultural properties situated over the whole territory of the Party to the Protocol".
3 With the following declarations:
"Cette signature engage également la Communauté française, la Communauté germanophone, la Région Wallone et la Région de Bruxelles-Capitale." (Original Declaration)
"Cette signature engage la Communauté flamande et la Région flamande » / « This signature is binding upon the Flemish Community and the Flemish Region ». (Revised wording notified to the Secretariat on 3 September 2003)