CCPR/C/115/D/2005/2010 responsible for its own role in aiding or assisting the United States in relation to the agreement. 102. In connection with the first ground, Australia reiterates the arguments submitted under articles 15 and 9, where it refuses the author’s contention that, by operation of the transfer arrangement, Australia assumed full responsibility for the enforcement of the author’s sentence. The International Law Commission, in its commentary on article 11 of the draft articles on State responsibility, states that the act of acknowledgement and adoption, whether it takes the form of words or conduct, must be clear and unequivocal. The author has not established that Australia, by words or conduct, made the plea agreement “its own”. The transfer arrangement does not pass responsibility for the plea agreement to Australia. The agreement is an instrument of United States criminal law, remains the responsibility of the United States authorities and is not enforceable in Australian courts. Furthermore, the International Law Commission, in its commentary on draft article 11, states that “the term ‘acknowledges and adopts’ in article 11 makes it clear that what is required is something more than a general acknowledgment of a factual situation, but rather that the State identifies the conduct in question and makes it its own”. The fact that Australia was aware of the circumstances of the agreement does not mean that it made the agreement its own. The author does not explain, either, why the fact that the Australian authorities did not independently assess the evidence relied upon by the United States authorities in relation to the agreement represented conduct that showed that Australia, clearly and unequivocally, made the agreement its own. 103. The author claims that the officers of the Australian Federal Police sought to rely on the agreement in their dealings with him in Australia and threatened to revive his suspended sentence if he refused to cooperate with Australian law enforcement authorities as required under the agreement. In its correspondence with the author’s lawyer, the Australian Federal Police referred to the part of the agreement relating to the author’s cooperation with Australian and United States law enforcement and intelligence agencies. However, that correspondence did not threaten to have the author’s suspended sentence revived if he refused to cooperate. The Government of Australia made no approach to the United States in that regard and the Australian Federal Police accepted advice from the author’s representatives that he was unable for medical reasons to participate in an interview. Ultimately, his lawyer advised the Australian Federal Police in May 2009 that the author was of the view that it would be fruitless to engage him in any future interviews, as he had already provided all the information that he could to the Australian Federal Police. 104. In connection with the second ground, the author has failed to substantiate, for the purposes of article 16 of the draft articles of the International Law Commission, that Australia aided or assisted the United States in the conclusion of the plea agreement. The term “aid or assist” in article 16 must comprehend conduct on the part of a State that, as explained in the commentary of the International Law Commission, makes a significant contribution to the performance of an internationally wrongful act by another State. The author has failed to show that the alleged conduct of Australia made a significant contribution to the negotiation and acceptance of the agreement. The alleged acquiescence by Australia cannot be understood as representing a significant contribution to the negotiation and acceptance of the agreement. 105. There were exchanges between Australian officials and the United States authorities in which a potential plea agreement was raised. Australian officials raised the issue of cooperation between the author and Australian law enforcement authorities in one such exchange. However, the inclusion of a provision on cooperation in the agreement does not support the inference that Australia exercised a significant degree of influence over the content and formulation of the agreement. To achieve such influence would have required Australia to be a party to the negotiation of the agreement, which it was not. Contrary to the 33