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13016 Suriname - Agreement Concerning Cooperation in Maritime Law Enforcement


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13016

 

 

NARCOTIC DRUGS

 

 

 

 

Agreement Between the
UNITED STATES OF AMERICA
and SURINAME


Signed at Paramaribo December 31, 1998

 

 

 

 


 

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.”

 

SURINAME

Narcotic Drugs

Agreement signed at Paramaribo December 31, 1998;
Entered into force August 26, 1999.

Embassy of the United States of America
AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE REPUBLIC OF SURINAME
CONCERNING COOPERATION IN MARITIME LAW ENFORCEMENT
Preamble
The Government of the United States of America and the
Government of the Republic of Suriname (hereinafter, "the
Parties");
Bearing in mind the complex nature of the problem of
illicit maritime drug traffic and other illegal activities;
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; and
Desiring to promote greater cooperation between the
Parties, and thereby enhance their effectiveness, in
combating illicit traffic by sea and other illegal
activities at sea through technical assistance, training and
development of enhanced capabilities;
Have agreed as follows:
Article 1. Definitions
In the Agreement, unless the context otherwise requires:
1) "Illicit traffic" has the same meaning as in
Article 1(m) of the 1988 Convention.
2) "Illicit traffic" also includes other illegal
activities prohibited by international law, including other
international conventions to which both States are party,
but only to the extent enforcement pursuant to this
Agreement is authorized by the laws of both States.
3) "Law enforcement officials" means, for the
Government of the Republic of Suriname, uniformed law
enforcement officers expressly authorized by the law
enforcement authority, and, for the Government of the United
States of America, uniformed members of the United States
Coast Guard.
4) "Law enforcement authority" means, for the
Government of the Republic of Suriname, the Attorney General
of the Republic of Suriname and, for the Government of the
United States of America, the United States Coast Guard.
5) "Law enforcement vessels" means ships, of the
Parties or of third States as may be agreed upon by the
Parties, on which law enforcement officials of the Parties
are embarked, clearly marked and identifiable as being on
government service and authorized to that effect, including
any boat and aircraft embarked on such ships.
6) "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.
7) "Surinamese territory and waters" means the
territory, territorial sea and internal waters of Suriname
and the airspace over such territory and waters, defined in
accordance with the Constitution of the Republic of Suriname
and determined in accordance with international law.
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
engaged in illicit traffic.
Article 2. Nature and Scope of Agreement
The Parties shall cooperate in combating illicit traffic to
the fullest extent possible, consistent with available law
enforcement resources and related priorities.
2
Article 3. Operations in and over National Territory and
Waters
Operations to suppress illicit traffic in and over the
territory and waters of a Party are the responsibility of,
and subject to the authority of, that Party.
Article 4. Combined Maritime Law Enforcement Program
1. The Parties shall establish a combined maritime law
enforcement program between their law enforcement
authorities. Each Party may designate a coordinator to
organize its program activities and to identify the vessels
and officials involved in the program to the other Party.
2. The Government of Suriname undertakes to establish an
operations center for the conduct of operations under this
Agreement.
3. The Government of the Republic of Suriname may designate
qualified law enforcement officials to act as maritime law
enforcement officials. Subject to Surinamese law, the
maritime law enforcement officials may, in appropriate
circumstances:
a. embark on U.S. law enforcement vessels;
b. authorize the pursuit into Surinamese waters by the
U.S. law enforcement vessels on which they are embarked, of
suspect vessels and aircraft fleeing into or over Surinamese
territory and waters;
c. authorize the U.S. law enforcement vessels on which
they are embarked to conduct law enforcement patrols in
Surinamese waters;
d. enforce the laws of Suriname in Surinamese waters,
or seaward therefrom in the exercise of the right of hot
pursuit or otherwise in accordance with international law;
and
e. authorize the U.S. law enforcement officials to
assist in the enforcement of the laws of Suriname.
4. The Government of the United States of America may
designate qualified law enforcement officials to act as
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maritime law enforcement officials. Subject to United
States law, these maritime law enforcement officials may, in
appropriate circumstances:
a. embark on Surinamese law enforcement vessels;
b. advise and assist Surinamese law enforcement
officials in the conduct of boardings of vessels to enforce
the laws of Suriname;
c. enforce, seaward of the territorial sea of
Suriname, the laws of the United States where authorized to
do so; and
d. authorize the Surinamese vessels on which they are
embarked to assist in the enforcement of the laws of the
United States seaward of the territorial sea of Suriname.
Article 5. Authority of Law Enforcement Officials
When a maritime law enforcement official is embarked on the
other Party's vessel, and the enforcement action being
carried out is pursuant to the maritime law enforcement
official'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 maritime law enforcement official, except
as follows:
a. crew members of the other Party's vessel may assist
in any such action if expressly requested to do so by the
maritime law enforcement official 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 of both Parties; and
b. such crew members may use force in self-defense, in
accordance with the applicable laws and policies of their
Government.
Article 6. Operations in Surinamese Waters
1. The Government of the United States of America shall not
conduct operations to suppress illicit traffic by sea in
Surinamese waters without the permission of the Government
of the Republic of Suriname, granted by this Agreement or
otherwise.
2. This Agreement constitutes permission by the Government
of the Republic of Suriname for the United States to conduct 4
operations to suppress illicit traffic in any of the
following circumstances:
a. an embarked Surinamese maritime law enforcement
official so authorizes entry into Surinamese waters to
observe suspicious vessels to determine the intentions of
the vessels.
b. if a suspect vessel, detected seaward of the
territorial sea of Suriname, enters Surinamese waters and no
Surinamese maritime law enforcement official is embarked on
a U.S. law enforcement vessel, and no Surinamese law
enforcement vessel is in the immediate vicinity to
investigate, upon notice to Surinamese law enforcement
authority the U.S. law enforcement vessel may follow the
suspect vessel into the Surinamese waters, in order to
investigate, board and search the vessel, and, if the
evidence warrants, detain it pending expeditious disposition
instructions from the law enforcement authority of Suriname.
c. if no Surinamese maritime law enforcement official
is embarked on a U.S. law enforcement vessel, and no
Surinamese law enforcement vessel is in the immediate
vicinity to investigate, in which case, upon notice to the
Surinamese law enforcement authority, the U.S. law
enforcement vessel may enter Surinamese waters in order to
investigate, board and search a suspect vessel located
therein, other than a Surinamese flag vessel. If the
evidence warrants, U.S. law enforcement officials may detain
the suspect vessel pending expeditious disposition
instructions from Surinamese authorities.
d. in the circumstances described in subparagraphs b)
and c), a Surinamese suspect vessel and the persons on board
may be searched only by Suriname law enforcement officials.
Such suspect Surinamese flag vessel and the persons on board
may be detained, by boarding if necessary, by U.S. law
enforcement officials pending instructions from Surinamese
law enforcement authorities. In the circumstances described
in subparagraph b) and c), U.S. law enforcement officials
shall seek to embark a Surinamese law enforcement official
prior to conducting the search of a non-Suriname flag
vessel, where, in the judgement of the U.S. law enforcement
authority, it would not unreasonably disrupt the law
enforcement operation.
e. the United States law enforcement authority shall
provide prior notice to the Surinamese law enforcement
authority of action to be taken under subparagraphs b) and
c) above, unless not operationally feasible to do so. In
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any case, notice of the action taken shall be provided to
the Surinamese law enforcement authority without delay.
Article 7. Other Authorization by the Government of
Suriname
Nothing in this Agreement precludes the Government of the
Republic of Suriname from otherwise expressly authorizing
United States operations to suppress illicit traffic by sea
in Surinamese waters or involving Surinamese flag vessels
suspected of illicit traffic.
Article 8. Overflight Operations
The Government of the Republic of Suriname shall permit
aircraft of the Government of the United States of America
(hereinafter, "U.S. aircraft"), when engaged in law
enforcement operations or operations in support of law
enforcement activities, subject to Article 9, to overfly its
territory and waters and, subject to the laws of each Party,
with due regard for its laws and regulations for the flight
and maneuver of aircraft, relay orders from its competent
authorities to aircraft suspected of trafficking in illegal
drugs to land in the territory of Suriname.
Article 9. Overflight Procedures
The Government of the United States of America shall, in the
interest of flight safety, observe the following procedures
for notifying appropriate Surinamese authorities of such
overflight activity by U.S. aircraft:
a. In the event of planned bilateral or multilateral
law enforcement operations, the Government of the United
States of America shall provide reasonable notice and
communications channels to the appropriate Surinamese
aviation authorities of planned flights by its aircraft over
Surinamese territory or waters.
b. In the event of unplanned operations, which may
include the pursuit of suspect aircraft into Surinamese
airspace pursuant to this Agreement, the law enforcement and
appropriate aviation authorities of the Parties may exchange
information concerning the appropriate communications
channels 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 6
navigation and flight safety rules as may be required by
Surinamese aviation authorities.
Article 10. Operations Seaward of the Territorial Sea
1. Whenever U.S. law enforcement officials encounter a
vessel flying the Surinamese flag or claiming to be
registered in Suriname, located seaward of any State's
territorial sea, and have reasonable grounds to suspect that
the vessel is engaged in illicit traffic, this Agreement
constitutes the authorization of the Government of the
Republic of Suriname for the boarding and search of the
suspect vessel and the persons found on board by such
officials.
2. 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 Suriname.
Article 11. Other Boardings Under International Law
Except as expressly provided herein, this Agreement does not
apply to or limit boardings of vessels, conducted by either
Party in accordance with international law, seaward of any
State's territorial sea, 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 action.
Article 12. Jurisdiction Over Detained Vessels
In all cases arising in Surinamese waters, or concerning
Surinamese flag vessels seaward of any State's territorial
sea, the Government of the Republic of Suriname 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 Suriname 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.
Article 13. Cases of Suspect Vessels and Aircraft
Operations to suppress illicit traffic pursuant to this
Agreement shall be carried out only against suspect vessels
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and aircraft, including vessels and aircraft without
nationality.
Article 14. Notification of Results of Shipboarding
1. A Party conducting a boarding and search pursuant to
this Agreement shall promptly notify the other Party of the
results thereof.
2. 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.
Article 15 Conduct of Law Enforcement Officials
1. Each Party shall ensure that its law enforcement
officials, when conducting boardings and searches pursuant
to this Agreement, act in accordance with applicable
national laws and policies of that Party and with
international law and accepted international practices.
2. Boardings and searches pursuant to this Agreement shall
be carried out by law enforcement officials from law
enforcement vessels and aircraft.
3. The boarding and search teams may operate from such
ships and aircraft of the Parties, and from such ships or
aircraft of other States as may be agreed upon by the
Parties.
4. 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.
Article 16. Use of Force
1. All use of force pursuant to this Agreement shall be in
strict accordance with applicable laws and policies of the
respective Party 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.
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2. Nothing in this Agreement shall impair the exercise of
the inherent right of self-defense by law enforcement or
other officials of either Party.
Article 17. Exchange and Knowledge of Laws and Policies of
Other Party
1. 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.
2. Each Party shall ensure that all of its law enforcement
officials are knowledgeable concerning the applicable laws
and policies of both parties.
Article 18. Status of Law Enforcement and other Officials
Unless their status is specifically provided for in another
Agreement, all law enforcement and other officials of the
Government of the United States of America present in
Surinamese waters or territory or on Surinamese vessels in
connection with this Agreement shall be accorded the
privileges and immunities equivalent to those of the
administrative and technical staff of a diplomatic mission
under the 1961 Vienna Convention on Diplomatic Relations.
Article 19. Disposition of Seized Property
1. Assets seized in consequence of any operation undertaken
in Surinamese waters pursuant to this Agreement shall be
disposed of in accordance with the laws of Suriname.
2. Assets seized in consequence of any operation undertaken
seaward of the territorial sea of Suriname pursuant to this
Agreement shall be disposed of in accordance with the laws
of the seizing Party.
3. 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.
Article 20. Technical Assistance
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 for the boarding
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and search of suspect vessels located in the territory or
waters of the first Party.
Article 21. Consultations and Claims
1. In case a question arises in connection with
implementation of this Agreement, either Party may request
consultations to resolve the matter.
2. If any loss or injury 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.
Article 22 Effect on Rights and Privileges
Except as provided in article 18, nothing in this Agreement
is intended to alter the rights and privileges due any
individual in any legal proceeding.
Article 23. Entry into Force
This Agreement shall enter into force upon notification by
each Party that it has completed its respective
constitutional requirements for entry into force of the
Agreement.
Article 24. Termination
1. This Agreement may be terminated at any time by either
Party upon written notification to the other Party through
the diplomatic channel.
2. Such termination shall take effect six months from the
date of notification.
Article 25. Continuation of Actions Taken
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.
10
IN WITNESS WHEREOF, the undersigned, being duly authorized
by their respective Governments, have signed this Agreement.
DONE AT the Cabinet of the President of the Republic of
Suriname, this 31st day of December, of 1998, in duplicate
in the English and Dutch languages, each text being duly
authentic.
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
FOR THE GOVERNMENT OF THE
SURINAME
REPUBLIC OF
DENNIS K. HAYS
Ambassador
Extraordinary and ERROLL G. SNIJDERSMinister for Foreign
Plenipotentiary Affairs
11



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