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13005 Costa Rica - Agreement Concerning Cooperation to Suppress Illicit Traffic


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13005

 

 

NARCOTIC DRUGS

 

 

 

Agreement Between the
UNITED STATES OF AMERICA
and COSTA RICA


Signed at San Jose December 1, 1998


and

Amending Protocol

Signed at San Jose July 2, 1999

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

COSTA RICA

Narcotic Drugs

Agreement signed at San Jose December 1, 1998;
Entered into force November 19, 1999.
And amending protocol.
Signed at San Jose July 2, 1999;
Entered into force November 19, 1999.

AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA
CONCERNING COOPERATION TO SUPPRESS ILLICIT TRAFFIC
Preamble
The Government of the United States of America and the
Government of the Republic of Costa Rica (hereinafter, "the
Parties");
Bearing in mind the complex nature of the problem of illicit
traffic by sea;
Having regard to the urgent need for international
cooperation in suppressing illicit traffic by sea, which is
recognized in the 1961 Single Convention on Narcotic Drugs and
its 1972 Protocol, in the 1971 Convention on Psychotropic
Substances, in the 1988 United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances
(hereinafter, "the 1988 Convention"), and in the 1982 United
Nations Convention on the Law of the Sea;
Recalling that the 1988 Convention requires the Parties to
consider entering into bilateral agreements to carry out, or to
enhance the effectiveness of, its provisions;
Desiring to promote greater cooperation between the Parties,
and thereby enhance their, effectiveness, in combating illicit
traffic by sea;
Conscious of the fact that, in order to combat drug-related
activities effectively and efficiently, the active participation
of all States affected is needed, that is, consumer and producer
States, States whose territories are used as transshipment points
for narcotic drugs, and States used to launder the proceeds of
drug trafficking;
Taking into account that the Government of Costa Rica does
not have sufficient technical and material resources to assume an
active and forceful role in international counternarcotics
activities;
Recognizing that the United States Coast Guard is a law
enforcement body within the U.S. Department of Transportation;and
Conscious of the fact that Costa Rica is experiencing
increased use of its maritime zones in the Pacific Ocean and
Caribbean Sea for the transshipment of drugs;
Have agreed as follows:
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I. DEFINITIONS
In this Agreement, it shall be understood that:
1. "Illicit traffic" has the same meaning as in Article 1(m) of
the 1988 Convention.
2. "Costa Rican waters and airspace" means the territorial sea
and internal waters of Costa Rica, including Coco Island, and the
air space over Costa Rica.
3. "Law enforcement vessels" means ships of the Parties clearly
marked and identifiable as being on government non-commercial
service and authorized to that effect, including any boat and
aircraft embarked on such ships, aboard which law enforcement
officials are embarked.
4. "Law enforcement aircraft" means aircraft of the Parties
engaged in law enforcement operations or operations in support of
law enforcement activities clearly marked and identifiable as
being on government non-commercial service and authorized to that
effect.
5. "Law enforcement authorities" means for the Government of the
Republic of Costa Rica, the Ministry of Public Security, the
Maritime Surveillance Service, the Air Surveillance Service, and
the Drug Control Police, without prejudice to the powers of the
appropriate judicial authorities, and, for the Government of the
United States of America, the United States Coast Guard.
6. "Law enforcement officials" means, for the Government of the
United States of America, uniformed members of the United States
Coast Guard, and for the Government of the Republic of Costa Rica,
uniformed members of the Maritime Surveillance Service and the Air
Surveillance Service of the Ministry of Public Security and
clearly identifiable members of the Drug Control Police of that
Ministry.
7. "Shiprider" means one or more law enforcement officials,
including boarding teams, of one Party authorized to embark on a
law enforcement vessel of the other Party.
8. "Suspect vessel or aircraft" means a vessel or aircraft used
for commercial or private purposes in respect of which there are
reasonable grounds to suspect it is involved in illicit traffic.
II. NATURE AND SCOPE OF AGREEMENT
1. The Parties shall cooperate in combating illicit traffic by
sea to the fullest extent possible, consistent with available law
enforcement resources and related priorities.
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2. The Government of the United States of America shall continue
to provide the Government of Costa Rica with available information
collected by electronic, air and maritime surveillance means, on
the presence of suspect vessels or aircraft in or over Costa Rican
waters or airspace, so that the law enforcement authorities of
Costa Rica may take appropriate control measures. The Parties
undertake to agree on procedures for improving intelligence
sharing.
III. OPERATIONS IN AND OVER NATIONAL WATERS
Operations to suppress illicit traffic in and over the waters of a
Party are subject to the authority of that Party.
IV. PROGRAM FOR LAW ENFORCEMENT OFFICIALS ABOARD THE OTHER
PARTY'S VESSELS
1. The Parties shall establish a joint law enforcement shiprider
program between their law enforcement authorities. Each Party may
designate a coordinator to organize its program activities and to
notify the other Party of the types of vessels and officials
involved in the program.
2. The Government of Costa Rica may designate qualified law
enforcement officials to act as law enforcement shipriders. The
Government of Costa Rica may assign boarding teams to conduct
boardings, searches and detentions from U.S. law enforcement
vessels under the flag of Costa Rica of suspect Costa Rican
vessels and other suspect vessels located in Costa Rican waters in
accordance with paragraph 5, subject to subparagraphs b and c of
paragraph 6. Subject to Costa Rican law, these shipriders may, in
appropriate circumstances:
a. embark on United States law enforcement vessels;
b. authorize the pursuit, by the U.S. law enforcement
vessels on which they are embarked, of suspect vessels and
aircraft fleeing into Costa Rican waters;
c. authorize the U.S. law enforcement vessels on which they
are embarked to conduct patrols to suppress illicit traffic in
Costa Rican waters; and
d. enforce the laws of Costa Rica in Costa Rican waters, or
seaward therefrom in the exercise of the right of hot pursuit or
otherwise in accordance with international law.
3. The Government of the United States of America may designate
qualified law enforcement officials to act as shipriders. Subject
to United States law, these shipriders may, in appropriate
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circumstances:
a. embark on Costa Rican law enforcement vessels;
b. advise Costa Rican law enforcement officials in the
conduct of boardings of vessels to enforce the laws of Costa Rica;
c. enforce, seaward of the territorial sea of Costa Rica,
the laws of the United States where authorized to do so, in
accordance with the principles of international law; and
d. authorize the Costa Rican vessels on which they are
embarked to assist in the enforcement of the laws of the United
States seaward of the territorial sea of Costa Rica, in accordance
with the principles of international law.
4. The Government of the United States of America shall, whenever
feasible, assign as shipriders persons fluent in Spanish, and to
have a liaison official fluent in Spanish on board U.S. law
enforcement vessels on which Costa Rican shipriders are embarked.
5. When a shiprider is embarked on the other Party's vessel, and
the enforcement action being carried out is pursuant to the
shiprider's authority, any search or seizure of property, any
detention of a person, and any use of force pursuant to this
Agreement, whether or not involving weapons, shall be carried out
by the shiprider, except as follows:
a. crewmembers of the other Party's vessel may assist in any
such action if expressly requested to do so by the shiprider and
only to the extent and in the manner requested. Such request may
only be made, agreed to, and acted upon in accordance with the
applicable laws and policies; and
b. such crewmembers may use force in self-defense, in
accordance with the applicable laws and policies.
6. The Government of the United States of America may only
conduct operations to suppress illicit traffic in Costa Rican
waters and airspace with the permission of the Government of the
Republic of Costa Rica in any of the following circumstances:
a. an embarked Costa Rican shiprider so authorizes;
b. In those exceptional occasions when a suspect vessel,
detected seaward of Costa Rican waters, enters Costa Rican waters
and no Costa Rican shiprider is embarked in a U.S. law enforcement
vessel, and no Costa Rican law enforcement vessel is immediately
available to investigate, the U.S. law enforcement vessel may
follow the suspect vessel into Costa Rican waters, in order to
board the suspect vessel and secure the scene, while awaiting
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expeditious instructions from Costa Rican law enforcement
authorities and the arrival of Costa Rican law enforcement
officials.
c. In those equally exceptional occasions when a suspect
vessel is detected within Costa Rican waters, and no Costa Rican
shiprider is embarked in a U.S. law enforcement vessel, and no
Costa Rican law enforcement vessel is immediately available to
investigate, the U.S. law enforcement vessel may enter Costa Rican
waters, in order to board the suspect vessel and secure the scene,
while awaiting expeditious instructions from Costa Rican law
enforcement authorities and the arrival of Costa Rican law
enforcement officials.
The United States shall provide prior notice to the Costa Rican
law enforcement authority of action to be taken under
subparagraphs (b) and (c) of this paragraph, unless not
operationally feasible to do so. In any case, notice of the
action shall be provided to the Costa Rican law enforcement
authority without delay.
7. Law enforcement vessels of a Party operating with the
authorization of the other Party pursuant to Section IV of this
Agreement shall, during such operations, fly, in the case of the
United States of America, the Costa Rican flag, and in the case of
Costa Rica, the United States Coast Guard ensign.
8. The Government of Costa Rica shall permit the mooring or stay
of law enforcement vessels of the United States of America at
national ports, after authorization by the Minister of Public
Security, on the occasions and for the time necessary for the
proper performance of the operations required under this
Agreement.
9. The Government of the Republic of Costa Rica reserves the
right to authorize, in accordance with the laws of Costa Rica,
other operations to suppress illicit traffic not otherwise
foreseen in this Agreement.
10. When aircraft of the Government of the United States of
America (hereafter, "U.S. aircraft") are operating to suppress
illicit traffic or supporting such operations, the Government of
the Republic of Costa Rica shall permit those U.S. aircraft:
a. to overfly its territory and waters with due regard for
the laws and regulations of Costa Rica for the flight and maneuver
of aircraft, subject to paragraph 11 of this section;
b. to land and remain in national airports, after receiving
authorization from the Minister of Public Security, on the
occasions and for the time necessary for proper performance of the
-6-
operations necessary under this Agreement; and
c. to transmit orders from competent Costa Rican authorities
to suspect aircraft to land in the territory of Costa Rica,
subject to the laws of each Party.
11. The Government of the United States of America shall, in the
interest of flight safety, observe the following procedures for
facilitating flights within Costa Rican airspace by U.S. aircraft:
a. In the event of planned law enforcement operations, the
United States shall provide reasonable notice and communications
frequencies to the appropriate Costa Rican aviation authorities
responsible for air traffic control of planned flights by its
aircraft over Costa Rican territory or waters.
b. In the event of unplanned operations, which may include
the pursuit of suspect aircraft into Costa Rican airspace pursuant
to this Agreement, the Parties shall exchange information
concerning the appropriate communications frequencies and other
information pertinent to flight safety.
c. Any aircraft engaged in law enforcement operations or
operations in support of law enforcement activities in accordance
with this Agreement shall comply with such air navigation and
flight safety directions as may be required by Costa Rican
aviation authorities, and with any written operating procedures
developed for flight operations within its airspace under this
Agreement.
V. OPERATIONS SEAWARD OF THE TERRITORIAL SEA
1. Whenever U.S. law enforcement officials encounter a suspect
vessel flying the Costa Rican flag or claiming to be registered in
Costa Rica, located seaward of any State's territorial sea, this
Agreement constitutes the authorization of the Government of the
Republic of Costa Rica for the boarding and search of the suspect
vessel and the persons found on board by such officials.
If evidence of illicit traffic is found, U.S. law enforcement
officials may detain the vessel and persons on board pending
expeditious disposition instructions from the Government of the
Republic of Costa Rica.
2. Except as expressly provided herein, this Agreement does not
apply to or limit boardings of vessels seaward of any State's
territorial sea, conducted by either Party in accordance with
international law, whether based, inter alia, on the right of
visit, the rendering of assistance to persons, vessels, and
property in distress or peril, the consent of the vessel master,
or an authorization from the flag State to take law enforcement
-7-
action.
VI. JURISDICTION OVER DETAINED VESSELS
1. In all cases arising in Costa Rican waters, or concerning
Costa Rican flag vessels seaward of any State's territorial sea,
the Government of the Republic of Costa Rica shall have the
primary right to exercise jurisdiction over a detained vessel,
cargo and/or persons on board (including seizure, forfeiture,
arrest, and prosecution), provided, however, that the Government
of the Republic of Costa Rica may, subject to its Constitution and
laws, waive its primary right to exercise jurisdiction and
authorize the enforcement of United States law against the vessel,
cargo and/or persons on board.
2. Instructions as to the exercise of jurisdiction pursuant to
paragraph 1 shall be given without delay,
VII. IMPLEMENTATION
1. Operations to suppress illicit traffic pursuant to this
Agreement shall be carried out only against suspect vessels and
aircraft, including vessels and aircraft without nationality, and
vessels assimilated to vessels without nationality.
2. A Party conducting a boarding and search pursuant to this
Agreement shall promptly notify the other Party of the results
thereof. The relevant Party shall timely report to the other
Party, consistent with its laws, on the status of all
investigations, prosecutions and judicial proceedings resulting
from enforcement action taken pursuant to this Agreement where
evidence of illicit traffic was found.
3. Each Party shall ensure that its law enforcement officials,
when conducting boardings and searches and air interception
activities pursuant to this Agreement, act in accordance with the
applicable national laws and policies of that Party and with the
applicable international law and accepted international practices.
4. Boardings and searches pursuant to this Agreement shall be
carried out by law enforcement officials from law enforcement
vessels or aircraft. The boarding and search teams may operate
from such ships and aircraft of the Parties, and seaward of the
territorial sea of any State, from such ships of other States as
may be agreed upon by the Parties. The boarding and search team
may carry standard law enforcement small arms.
5. While conducting air intercept activities pursuant to this
Agreement, the Parties shall not endanger the lives of persons on
board and the safety of civil aircraft.
-8-
6. All use of force pursuant to this Agreement shall be in strict
accordance with the applicable laws and policies and shall in all
cases be the minimum reasonably necessary under the circumstances,
except that neither Party shall use force against civil aircraft
in flight. Nothing in this Agreement shall impair the exercise of
the inherent right of self-defense by law enforcement or other
officials of, either Party.
7. When carrying out operations pursuant to this Agreement, in
accordance with the 1988 Convention, the Parties shall take due
account of the possible advantage of conducting boarding and
search operations in safer conditions at the closest Costa Rican
port to minimize any prejudice to the legitimate commercial
activities of the suspect vessel or aircraft, or its flag State or
any other interested State; the need not to delay unduly the
suspect aircraft or vessel; the need not to endanger the safety of
life at sea without endangering the safety of the law enforcement
officials or their vessels or aircraft; and the need not to
endanger the security of the suspect vessel, aircraft or cargo.
8. To facilitate implementation of this Agreement, each Party
shall ensure the other Party is fully informed of its respective
applicable laws and policies, particularly those pertaining to the
use of force. Each Party shall ensure that all of its law
enforcement officials are knowledgeable concerning the applicable
laws and policies of both Parties.
9. Assets seized in consequence of any operation undertaken in
Costa Rican waters pursuant to this Agreement shall be disposed of
in accordance with the laws of Costa Rica. Assets seized in
consequence of any operation undertaken seaward of the territorial
sea of Costa Rica pursuant to this Agreement shall be disposed of
in accordance with the laws of the seizing Party. To the extent
permitted by its laws and upon such terms as it deems appropriate,
a Party may, in any case, transfer forfeited assets or proceeds of
their sale to the other Party. Each transfer generally will
reflect the contribution of the other Party to facilitating or
effecting the forfeiture of such assets or proceeds.
10. The law enforcement authority of one Party (the "first Party")
may request, and the law enforcement authority of the other Party
may authorize, law enforcement officials of the other Party to
provide technical assistance to law enforcement officials of the
first Party in their boarding and investigation of suspect vessels
located in the territory or waters of the first Party.
11. Any injury to or loss of life of a law enforcement official
of a Party shall normally be remedied in accordance with the laws
of that Party. Any other claim submitted for damage, injury,
death or loss resulting from an operation carried out under this
Agreement shall be processed, considered, and if merited,
-9-
resolved in favor of the claimant by the Party whose officials
conducted the operation, in accordance with the domestic law of
that Party, and in a manner consistent with international law.
If any loss, injury or death is suffered as a result of any
action taken by the law enforcement or other officials of one
Party in contravention of this Agreement, or any improper or
unreasonable action is taken by a Party pursuant thereto, the
Parties shall, without prejudice to any other legal rights which
may be available, consult at the request of either Party to
resolve the matter and decide any questions relating to
compensation.
12. Disputes arising from the interpretation or implementation
of this Agreement shall be settled by mutual, agreement of the
Parties.
13. The Parties agree to consult, on at least an annual basis, to
evaluate the implementation of this Agreement and to consider
enhancing its effectiveness, including the preparation of
amendments to this Agreement that take into account increased
operational capacity of the Costa Rican law enforcement
authorities and officials. In case a difficulty arises concerning
the operation of this Agreement, either Party may request
consultations with the other Party to resolve the matter.
14. Nothing in this Agreement is intended to alter the rights and
privileges due any individual in any legal proceeding.
15. Nothing in this Agreement shall prejudice the position of
either Party with regard to the international law of the sea.
VIII. ENTRY INTO FORCE AND DURATION
1. This Agreement shall enter into force upon exchange of notes
indicating that the necessary internal procedures of each Party
have been completed.
2. In the case of Costa Rica, as stipulated in Article 121(5) of
the Constitution, the Legislative Assembly and the actual act of
approval shall grant permission for the operations described in
Section IV of this Agreement for a period of 10 years from the
time of ratification. One month prior to the expiration of the
initial authorization period set forth in the foregoing paragraph,
the Legislative Assembly shall indicate, using the procedures set
forth in its regulations, whether an extension is granted for a
similar period. The same procedure shall apply to subsequent
extensions.
3. This Agreement shall be registered with the Secretary-General
of the United Nations for purposes of publication in accordance
with article 102 of the Charter of the United Nations.
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4. This Agreement may be terminated at any time by either Party
upon written notification to the other Party through the
diplomatic channel. Such termination shall take effect one year
from the date of notification.
5. This Agreement shall continue to apply after termination with
respect to any administrative or judicial proceedings arising out
of actions taken pursuant to this Agreement during the time that
it was in force.
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Agreement.
DONE AT San Jose, Costa Rica, this first day of December of 1998,
in duplicate in the English and Spanish languages, each text being
equally authentic.
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:
FOR THE GOVERNMENT OF
THE REPUBLIC OF COSTA RICA:
Thomas J. Dodd
Ambassador
Embassy of the
United States of America
Juan Rafael Lizano Saenz
Minister of Government,
Police, and Public Security
Republic of Costa Rica
SIGNED IN THE PRESENCE OF AND WITNESSED BY:
Dr. Miguel Angel Rodriguez Echeverria
President of the Republic of
Costa Rica
PROTOCOL TO THE AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA
CONCERNING COOPERATION TO SUPPRESS ILLICIT TRAFFIC
The Government of the United States of America and the
Government of the Republic of Costa Rica, hereinafter "the
Parties";
Recalling the Agreement Between the Government of the
United States of America and the Government of the Republic
of Costa Rica Concerning Cooperation to Suppress Illicit
Traffic, signed at San Jose, December 1, 1998, hereinafter
"The Agreement";
Noting the Decision No. 04156-99 of the Constitutional
Chamber of the Supreme Court of Justice.of Costa Rica,
given at June 2, 1999, at 4:33 p.m., in which the Chamber
concluded that paragraph 2 of Section VIII of the Agreement
was unconstitutional;
Desiring to modify the Agreement so as to rectify it in
accordance with the Chamber's decision;
Have agreed as follows:
Article I
The paragraph 2 of Section VIII of the Agreement shall be
amended to read in its entirety as follows:
"Whenever it may be required by Article 121, subparagraph
5, of the Political Constitution of Costa Rica, the
Government of Costa Rica shall seek and obtain from the
Legislative Assembly its approval for activities described
in paragraphs 8 and 10.b of Section IV of this Agreement."
Article II
This Protocol shall enter into force at the same time and
in the same manner as the Agreement.
In witness whereof the undersigned, being duly authorized
by their respective Governments, have signed this Protocol.
2
Done at San Jose, this second day of July of 1999, in
duplicate in the English and Spanish languages, each text
being equally authentic.
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:
FOR THE GOVERNMENT OF THE
REPUBLIC OF COSTA RICA:


SIGNED IN THE PRESENCE OF AND WITNESSED BY:



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