Article 3 Use of terms

For the purposes of this Protocol:

1. (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;

2. (b)

   ‘illegal entry’ shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State;

3. (c)

   ‘fraudulent travel or identity document’ shall mean any travel or identity document:

   1. (i)

      that has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a State; or

   2. (ii)

      that has been improperly issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or

   3. (iii)

      that is being used by a person other than the rightful holder;

4. (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.