TREATIES AND OTHER INTERNATIONAL ACTS SERIES 16-1031

________________________________________________________________________

MARITIME MATTERS

Law Enforcement

Agreement Between the

UNITED STATES OF AMERICA

and VANUATU

Signed at Port Vila October 31, 2016
 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.”
 VANUATU

 Maritime Matters: Law Enforcement

 Agreement signed at Port Vila

 October 31, 2016;

 Entered into force October 31, 2016.

 

 
AGREEMENT BETWEEN 

THE GOVERNMENT OF THE UNITED STATES OF AMERICA 

AND 

THE GOVERNMENT OF THE REPUBLIC OF VANUATU 

CONCERNING COUNTER ILLICIT TRANSNATIONAL MARITIME 


ACTIVITY OPERATIONS 


The Government ofthe United States of America and the Government of the 

Republic of Vanuatu (hereafter, the "Parties"); 

BEARING IN MIND the complex nature of the problem of detecting, 

deterring, and suppressing illegal activity at sea, including, without 

limitation, fisheries offenses and illicit maritime drug trafficking; 

RECALLING that conventional international law requires concerted 

international effort to prevent and suppress illicit drug trafficking, 

particularly in view of the fact that narcotic drugs and psychotropic 

substances pose a serious threat to health and the welfare of human beings, 

adversely affect the economic, cultural, and political foundations of society, 

and threaten the stability, security, and sovereignty of States; 

RECALLING the International Convention for the Safety of Life at Sea, 

1974, with annex (hereinafter, "the SOLAS Convention") and international 

law as reflected in the 1982 United Nations Convention on the Law of the 

Sea (hereinafter, "the 1982 Law ofthe Sea Convention"); 

HAVING REGARD to the urgent need for international cooperation in 

suppressing illicit maritime drug traffic, which is recognized in the 1961 

Single Convention on Narcotic Drugs and its 1972 Protocol, in the 1971 

Convention on Psychotropic Substances, and in the 1988 United Nations 
Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic 

Substances (hereinafter, "the 1988 Convention"); 

HAVING FURTHER REGARD to the urgent need for international 

cooperation to prevent and combat transnational organized crime, as 

reflected in the United Nations Convention against Transnational Organized 

Crime (hereinafter, "2000 UNTOC"); 

HAVING FURTHER REGARD to the urgent need for international 

cooperation in suppressing the trafficking in persons, as reflected in the 

Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially 

Women and Children, supplementing United Nations Convention against 

Transnational Organized Crime, signed at Palermo, December 12-15, 2000 

(hereinafter, "the Palermo Protocol"); 

HAVING FURTHER REGARD to the urgent need for international 

cooperation in suppressing the smuggling of migrants by sea, as reflected in 

the Protocol against the Smuggling of Migrants by Land, Sea and Air, 

supplementing the United Nations Convention against Transnational 

Organized Crime, signed at Palermo, December 12-15, 2000 (hereinafter, 

"the Palermo Protocol") and in United Nations General Assembly 

Resolution 48/102, adopted December 20, 1993; and in suppressing the 

unsafe transport of migrants, as reflected in International Maritime 

Organization (IMO) Circular MSC/Circ.896, December 16, 1998; in IMO 

Resolutions A.867(20), adopted November 27, 1997, and A.773(18), 

adopted November 4, 1993; 

ACKNOWLEDGING the international obligations of the Parties under the 

1963 Vienna Convention on Consular Relations, and noting the principle of 

non-refoulement reflected in the 1951 Convention Relating to the Status of 

Refugees and its 1967 Protocol (hereinafter, "the Refugee Convention and 

Protocol") and in the United Nations Convention against Torture and Other 

Cruel, Inhuman or Degrading Treatment or Punishment; 

RECALLING that Article 17 of the 1988 Convention provides, inter alia, 

that the Parties shall cooperate to the fullest extent possible to suppress illicit 

traffic by sea, in conformity with the international law of the sea, and shall 

consider entering into bilateral and regional agreements to carry out, or to 

enhance the effectiveness of, the provisions of Article 17; 

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FURTHER RECALLING that paragraph 9 of IMO Circular MSC/Circ. 896 

and Article 17 of the Palermo Protocol call on Parties to consider the 

conclusion of bilateral agreements, or operational arrangements or 

understandings, aimed at establishing the most appropriate and effective 

measures respectively to prevent and combat unsafe transport of migrants, 

and to prevent and combat smuggling ofmigrants; 

HAVING FURTHER REGARD to the urgent need for international 

cooperation in preventing proliferation of weapons of mass destruction, as 

reflected in United Nations Security Council Resolution 1540 of 2004, 

which affirmed that proliferation of nuclear, chemical and biological 

weapons, and their means of delivery, constitutes a threat to international 

peace and security and reaffirmed the need for Member States to prevent 

proliferation in all its aspects of all weapons of mass destruction; 

RECALLING FURTHER the Convention on the Prohibition of the 

Development, Production, Stockpiling and Use of Chemical Weapons and 

on their Destruction, done at Paris January 13, 1993; the Treaty on 

Nonproliferation of Nuclear Weapons, done at Washington, London and 

Moscow July 1,1968; the Convention on the Prohibition of the 

Development, Production and Stockpiling of Bacteriological (Biological) 

and Toxin Weapons and on their Destruction, done at Washington, London 

and Moscow April 10, 1972; 

RECALLING the United Nations Agreement for the Implementation of the 

Provisions of the United Nations Convention on the Law of the Sea of 10 

December 1982 relating to the Conservation and Management of Straddling 

Fish Stocks and Highly Migratory Fish Stocks, adopted on August 4, 1995; 

DESIRJNG TO promote greater cooperation between the Parties, and 

thereby enhance their effectiveness, in detecting illicit transnational 

maritime activity; and 

BASED ON the principles of international law, respect for the sovereign 

equality of States and in full respect of freedom of navigation and overflight 

and other lawful uses of the sea as reflected in the 1982 Law of the Sea 

Convention; 

Have agreed as follows: 

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I. Purpose and Scope 

1. The Parties shall cooperate to the fullest extent possible in combating 

illicit transnational maritime activity, as defined in this Agreement, 

consistent with international law and the Parties' available law enforcement 

resources and priorities related thereto. This shall include the sharing of 

information between the Parties concerning specific instances of illicit 

transnational maritime activity by sea and air. 

2. Counter-illicit transnational maritime activity operations in the territory 

of the United States of America are the responsibility of, and subject to the 

authority of, the Government ofthe United States of America. 

3. Counter-illicit transnational maritime activity operations in the territory 

of the Republic of Vanuatu are the responsibility of, and subject to the 

authority of, the Government ofthe Republic of Vanuatu. 

4. Except as authorized pursuant to Articles IV and V, nothing in this 

Agreement shall be construed as authorizing a law enforcement vessel or 

law enforcement aircraft of one Party to unilaterally patrol within the 

territory ofthe other Party. 

5. Operations to suppress illicit transnational maritime activity shall be 

carried out only against suspect vessels, including vessels without 

nationality and vessels assimilated to vessels without nationality. 

II. Definitions 

For the purposes ofthis Agreement, unless the context otherwise requires: 

1. "Contiguous Zone" has the same meaning as in Article 33 of the 1982 

Law ofthe Sea Convention; 

2. "Illegal entry" means crossing borders without complying with the 

necessary requirements for legal entry into the territory of a Party; 

3. "Illegal, Unreported, and Unregulated Fishing" or "WU Fishing" refers 

to the activities set out in paragraph 3 ofthe 2001 FAO International Plan of 

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Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated 

Fishing; 

4. "Illicit Transnational Maritime Activity" mearis drug trafficking, migrant 

smuggling, the unsafe transportation of migrants, proliferation by sea of 

weapons of mass destruction and their delivery systems and any related 

materials, and nm Fishing, to the extent enforcement is authorized by the 

laws of both Parties; 

5. "Law enforcement aircraft" means aircraft of the Parties, including 

military aircraft and other aircraft clearly marked and identifiable as being 

on government non-commercial service and authorized to that effect on 

which law enforcement or other officials of either or both Parties are 

embarked, engaged in law enforcement operations or operations in support 

of law enforcement activities; 

6. 	 "Law enforcement authorities" means: 

a. 	 For the Government of the United States of America, the United 

States Coast Guard and the Department ofHomeland Security; and 

b. For the Government of the Republic of Vanuatu, the Ministry of 

Agriculture, the Ministry of Internal Affairs, or the Prime 

Minister's Office; 

7. 	 "Law enforcement officials" means: 

a. 	 For the Government of the United States of America, uniformed or 

otherwise clearly identifiable members of the United States Coast 

Guard; and 

b. 	 For the Government of the Republic of Vanuatu, uniformed or 

otherwise clearly identifiable fisheries officers, police officers not 

below the rank of sergeant, and any person or category of persons 

designated as authorized officers under section 108 ofthe Republic 

ofVanuatu Fisheries Act 10 of2014; 

8. "Law enforcement vessels" means warships and other vessels of the 

Parties, clearly marked and identifiable as being on government service and 

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9. authorized to that effect, including any boat or aircraft embarked on such 

vessels, as well as third Party . platforms aboard which law enforcement 

officials ofthe Parties are embarked; 

10. "Migrant" means a person attempting to enter illegally, or being 

transported for the purpose of entering illegally, into the territory of a Party 

of which the person is not a national or permanent resident; 

11."Migrant smugglers" means persons engaged in smuggling ofmigrants; 

12."Proliferation by sea" means the transportation by ship of weapons of 

mass destruction, their delivery systems, and related materials to or from 

States or non-state actors of proliferation concern; 

13. "Related materials" means materials, equipment, and technology, of 

whatever nature or type, that are related to and destined for use in the 

development, production, utilization or delivery of weapons of mass 

destruction; 

14."Shiprider" means a law enforcement official of one Party authorized to 

embark on a law enforcement vessel or aircraft of the other Party; 

15."Shiprider Program Coordinator" means, for the Government of the 

United States of America, the Commander, Seventh Coast Guard District, 

for operations in the Caribbean Basin, the Commander, Eleventh Coast 

Guard District, for operations in the Eastern Pacific, the Commander, 

Fourteenth Coast Guard District, for operations in the W estem and Central 

Pacific, and/or the Commander, Atlantic Area, for operations in the Eastern 

Atlantic and for the Government of the Republic of Vanuatu, the Prime 

Minister's Office; 

16."Smuggling of migrants" or "migrant smuggling" means the procurement 

or attempted procurement of the illegal entry of a person into the territory of 

a Party of which the person is not a national or a permanent resident, 

including where such conduct is intended to obtain a financial or other 

material benefit; 

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17."Suspect aircraft" means an aircraft used for commercial or private 

purposes in respect of which there are reasonable grounds to suspect that it is 

engaged in illicit transnational maritime activity; 

18."Suspect vessel" means a vessel used for commercial or private purposes 

for which there are reasonable grounds to suspect is engaged in illicit 

transnational maritime activity; 

19.The "territory" ofthe Parties means: 

a. 	 For the Government of the United States of America, the territory, 

internal waters, territorial sea, and airspace over such territory and 

waters, in accordance with international law; 

b. 	 For the Government of the Republic of Vanuatu, the territory, 

internal waters, territorial sea, archipelagic waters, and airspace 

over such territory and waters, in accordance with international 

law; 

20. "Unsafe transport of migrants" means, with regard to transport by sea, 

the carriage of migrants on board a vessel that is: 

a. 	 Operating in conditions which violate :fundamental principles of 

safety of life at sea, including but not limited to those of the 

SOLAS Convention; or 

b. 	 Not properly manned, equipped or licensed for carrying passengers 

on international voyages; 

and that thereby constitutes a serious danger for the lives or the health of the 

persons on board, including the conditions for embarkation and 

disembarkation; 

21."Vessel" means 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 noncommercial service; 

22."The Waters of a Party" or "Waters of a State" means the territorial sea 

of that State and, with respect to Vanuatu, its archipelagic waters, 

determined in accordance with international law as reflected in the 1982 

Law of the Sea Convention and, where an operation relates to the sovereign 

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rights or jurisdiction of the State with respect to fisheries resources, the 

exclusive economic zone and continental shelf of the State, in accordance 

with international law as reflected the 1982 Law ofthe Sea Convention; 

23."Weapons of mass destruction" or "WMD" means nuclear, chemical, 

biological and radiological weapons 

IF AERIAL SURVEILLANCE CONTEMPLATED: 

24."Aircraft riders" shall refer to representatives of cooperating host or third 

states who are invited to participate in aerial sorties to facilitate the 

performance of aerial counter-illicit transnational maritime activity 

detection, monitoring, and tracking missions in connection with this 

agreement. 

25."Contractors" means business entities and individuals that have entered 

into contracts with the United States Government in connection with this 

agreement. 

26."Contractor employees" means those individuals who are employed by 

any contractor, as defined in this agreement, who are present in the Republic 

of Vanuatu in connection with this agreement, and who are not nationals of, 

or normally resident in, the Republic ofVanuatu. 

27. "Facilities" means those sites, installations, structures, and areas to 

which the United States is authorized access and use, pursuant to the terms 

ofthis agreement, and any amendments thereto. 

III. Shiprider Program 

1. The Parties shall establish a law enforcement shiprider program between 

the law enforcement authorities of the United States ofAmerica and the law 

enforcement authorities ofthe Republic ofVanuatu. 

2. The Parties may designate qualified law enforcement officials to act as 

law enforcement shipriders. Subject to the Constitution and laws of the 

Parties, these shipriders may, in appropriate circumstances: 

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a. Embark on law enforcement vessels ofthe other Party; 

b. Authorize the pursuit, by the law enforcement vessel on which they 

are embarked, of suspect vessels fleeing into the territory of the 

shiprider's State; 

c. Authorize law enforcement officials to assist the shiprider in the 

conduct of boardings of vessels to enforce the laws of the shiprider' s 

State; 

d. Enforce, seaward of the territorial sea of either Party, the laws of 

the shiprider's State where authorized to do so; 

e. Seaward of the territorial sea of either Party, authorize the law 

enforcement vessel on which they are embarked to assist in the 

enforcement ofthe laws ofthe shiprider' s State; 

f. Authorize the law enforcement vessel on which they are embarked 

to conduct counter-illicit transnational maritime activity patrols in the 

territorial sea and, as applicable, the archipelagic waters of the 

shiprider's State; 

g. Enforce the laws of the shiprider's State in that State's territorial 

sea, or seaward therefrom, in the exercise ofthe right of hot pursuit or 

otherwise in accordance with international law; and 

h. Authorize the law enforcement authorities aboard the vessel on 

which the shiprider is embarked to assist in the enforcement of the 

laws of the shiprider's State in the Waters ofthe shiprider's State. 

3. 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: 

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a. Crew members 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 of both Parties; and 

b. Such crew members may use force in self-defense, in accordance 

with the applicable laws and policies oftheir Government. 

4. When a shiprider is embarked on the other Party's vessel, and subject to 

the availability of appropriated funds and resources, the other Party shall 

facilitate regular communications between the shiprider and the shiprider' s 

headquarters and shall provide messing and quarters for the shiprider in a 

manner consistent with law enforcement officials of the other Party of the 

same rank. 

IV. Operations in the Territorial Sea and Archipelagic Waters of the 

Republic of Vanuatu 

1. Neither Party shall conduct counter-illicit transnational maritime activity 

operations in the territorial sea and archipelagic waters of the other Party 

without permission from that Party, granted by this Agreement or otherwise. 

This Agreement constitutes permission by the Government of the Republic 

of Vanuatu for the Government of the United States of America to conduct 

counter-illicit transnational maritime activity operations in the territorial sea 

and archipelagic waters of the Republic of Vanuatu in any of the following 

circumstances: 

a. An embarked shiprider so authorizes; 

b. A suspect vessel, encountered seaward of the territorial sea of a 

Party, flees into the territorial sea or archipelagic waters of the 

Republic of Vanuatu, and is pursued therein by a law enforcement 

vessel of the United States without a shiprider embarked, in which 

case any suspect vessel may be boarded and searched, and, if the 

evidence warrants, detained pending disposition instructions from the 

coastal State's authorities; and 

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c. A shiprider is unavailable to embark on a law enforcement vessel 

of the United States, in which case the law enforcement vessel may 

enter the territorial sea and archipelagic waters of the Republic of 

Vanuatu in order to investigate or board and search any suspect 

vessel, other than a flag vessel of the Republic of Vanuatu, and, if the 

evidence warrants, detain any such vessel pending disposition 

instructions from the coastal State's authorities. 

2. Nothing in this Agreement precludes the Republic of Vanuatu from 

otherwise expressly authorizing operations by the United States in its 

territorial sea or, in waters beyond the territorial sea of any State, aboard its 

flag vessels suspected of illicit transnational maritime activity. 

V. Overflight and Order-to-Land Operations and Procedures 

1. The Republic of Vanuatu shall permit law enforcement aircraft of the 

United States to: 

a. Overfly the territory ofthe Republic of Vanuatu; 

b. Land and remain in national airports on the occasions and for the 

time necessary for proper performance of the operations necessary 

under this Agreement, including logistics items; and 

c. Transmit orders from the competent authorities of either Party to 

suspect aircraft to land in the territory of the Republic of Vanuatu, 

subject to the laws of each Party. 

2. In the interest of flight safety, the Parties shall observe the following 

procedures to facilitate overflight ofthe Republic ofVanuatu's territory: 

a. In the event of planned bilateral or multilateral law enforcement 

operations, the Parties shall provide reasonable notice, 

communications channels, and a flight plan to the Civil Aviation 

Authority (CAA) of the Republic of Vanuatu of planned flights by its 

aircraft over the territory (including the territorial sea and, as 

appropriate, archipelagic waters) ofthe Republic of Vanuatu. 

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b. In the event of unplanned operations, which may include the 

pursuit of suspect aircraft over the territorial sea and archipelagic 

waters ofthe Republic ofVanuatu pursuant to this Agreement, the law 

enforcement and appropriate aviation authorities of the Parties shall 

exchange information concerning 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 pursuant to this Agreement 

shall comply with such air navigation and flight safety rules as may be 

required by aviation authorities of the Parties, and with any written 

operating procedures developed pursuant to this Agreement for flight 

operations within its national airspace. 

Except as otherwise provided in this agreement, law enforcement aircraft of 

a Party shall not enter the national airspace of the other Party without 

express authorization of that Party. 

VI. Operations Seaward ofthe Territorial Sea 

1. 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 on, 

inter alia, 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. 

2. Whenever law enforcement authorities of the United States encounter a 

suspect vessel flying the flag of the Republic of Vanuatu or claiming to be 

registered in the Republic of Vanuatu, located seaward of any State's 

territorial sea, this Agreement constitutes the authorization by the Republic 

ofVanuatu for the boarding and search ofthe suspect vessel and the persons 

found on board by such officials. 

If evidence of illicit transnational maritime activity is found pursuant to this 

paragraph, law enforcement authorities may detain the vessel and persons on 

board pending expeditious disposition instructions from the Government of 

the Republic of Vanuatu. 

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VII. Steps for Verification of Nationality 

1. Whenever the law enforcement officials of one Party ("the requesting 

Party") encounter, seaward of any State's Waters, a suspect vessel claiming 

nationality in the other Party (''the requested Party"), the requesting Party 

may request that the law enforcement authority ofthe flag State: 

a. Confirm the claim ofnationality of the flag State; and 

b. Ifsuch claim is confirmed, the flag State may: 

i. Authorize the boarding and search of the suspect vessel, 

cargo and the persons found on board by law enforcement 

officials ofthe requesting Party; and 

ii. If evidence of illicit transnational maritime activity is found, 

authorize the law enforcement officials of the requesting Party 

to detain the vessel, cargo and persons on board pending 

instructions from the law enforcement authorities of the 

requested Party as to the exercise of jurisdiction in accordance 

with Article VIII ofthis Agreement. 

2. A request pursuant to paragraph 1 of this Article should contain as much 

ofthe following information as available: the name ofthe suspect vessel, the 

basis for the suspicion, the geographic position of the vessel, the registration 

or IMO number (if available), home port, the ports of origin, departure, and 

destination, and any other identifying information. If a request is conveyed 

orally, the requesting Party shall confirm the request in writing as soon as 

possible. In all cases, following the verbal communications, the [District 

Command Center] will confirm them immediately, in writing by fax oremail using standard forms agreed to by the Parties. 

3. A requested Party shall respond to requests pursuant to this Article as 

expeditiously as possible. 

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VIII. Jurisdiction Over Detained Vessels 

1. fu all cases arising in the territory of a Party, or seaward of any Party's 

Waters in respect of a vessel having the nationality of a Party, that Party 

shall have the primary right to exercise jurisdiction over a detained vessel, 

cargo, and persons on board, including seizure, forfeiture, arrest, and 

prosecution, provided, however, that that Party may, subject to its 

constitution and laws, waive its primary right to exercise jurisdiction and 

authorize the enforcement of the other Party's law against the vessel, cargo 

and persons on board. 

2. fu cases arising in the contiguous zone of a Party, where applicable, not 

involving suspect vessels fleeing from the territory of that Party or suspect 

vessels claiming the nationality of that Party, in which both Parties have the 

authority to exercise jurisdiction to prosecute, the Party that conducts the 

boarding and search shall have the primary right to exercise jurisdiction. 

3. fustructions as to the exercise of jurisdiction pursuant to paragraph 1 of 

this Article shall be given promptly. 

4. A Party's consent to the exercise ofjurisdiction by the other Party may be 

granted verbally, but as soon as possible, it shall be clearly communicated in 

writing through diplomatic channels, without prejudice to the immediate 

exercise ofjurisdiction over the suspect vessel by the other Party. 

5. Each Party agrees to permit the return of seaworthy vessels subject to its 

jurisdiction and take measures, consistent with the laws and regulations of 

the Party, to prevent any such vessel from again engaging in illicit 

transnational maritime activity. 

6. Each Party confirms the importance of complying with its notification 

obligations under the Vienna Convention on Consular Relations. 

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IX. Special Procedures for Cases Involving the Unsafe Transport of 

Migrants by Sea and the Smuggling ofMigrants 

1. Each Party agrees no person found on board a suspect Vessel, including 

once disembarked, shall be involuntarily returned to a country in which: 

a. that person has a well-founded fear of persecution on account of 

race, religion, nationality, membership in a particular social group, or 

political opinion, except on grounds recognized as precluding 

protection as a refugee under the Refugee Convention and Protocol, 

or, 

b. it is more likely than not that the person would be tortured. 

2. In all cases, including cases arising from operations to suppress unsafe 

transport of migrants by sea and smuggling of migrants in and over the 

waters of a Party, the Government of Vanuatu agrees, upon prior 

notification, to facilitate and accept without undue or unreasonable delay the 

return pursuant to this Agreement, having Ni-Vanuatu nationality, 

citizenship, or permanent residence, and, regardless of their nationality or 

country of origin, to give due consideration to any request by U.S. law 

enforcement authorities to accept the return of migrants found aboard 

vessels, wherever located, subject to the jurisdiction of Vanuatu or operated 

by Ni-Vanuatu nationals. 

3. Each Party agrees, where appropriate and to the extent permitted by its 

law, to prosecute migrant smugglers and to confiscate vessels involved in 

smuggling of migrants. 

4. Each Party agrees to take appropriate action against masters, officers, 

crewmembers and other persons on board suspect vessels engaged in the 

unsafe transport ofmigrants by sea. 

5. The relevant Party shall report unsafe or illegal practices associated with 

the smuggling or transport of migrants by sea and measures taken in 

accordance with the relevant guidance ofthe Th10. 

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X. International Maritime Interdiction Support 

1. Each Party may permit, after request to and coordination with appropriate 

officials, on the occasions and for the time necessary for the proper 

performance ofthe operations required under this Agreement: 

a. The temporary mooring of law enforcement vessels of the other 

Party at national ports in accordance with international norms for the 

purpose of resupplying fuel and provisions, medical assistance, minor 

repairs, weather avoidance, and other logistics and purposes related to 

this Agreement; 

b. Entry by other means of additional law enforcement officials ofthe 

other Party; 

c. Entry of suspect vessels not having the nationality of either Party 

escorted from waters seaward of either Party's territorial sea by law 

enforcement officials of the other Party, subject to the requesting 

Party complying with any obligations with respect to the flag State in 

accordance with international law; 

d. Law enforcement aircraft operated by the other Party to land and 

temporarily remain at international airports in its territory for the 

purposes of resupplying fuel and provisions, medical assistance, 

minor repairs, weather, and other logistics and purposes related to this 

Agreement; and 

e. Law enforcement aircraft operated by the other Party to disembark 

and embark in its territory law enforcement officials of the other 

Party, including additional law enforcement officials. 

2. The Government of the Republic of Vanuatu may permit, after request to 

and coordination with appropriate officials, on the occasions and for the time 

necessary for the proper performance of the operations required under this 

Agreement: 

a. The escort of persons, other than its nationals, from suspect vessels 

detained and escorted by law enforcement officials from the United 

States through and exiting out of its territory; and 

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b. Law enforcement aircraft of the United States to disembark and 

embark in its territory persons, including migrants, other than its 

nationals, from suspect vessels, and depart its territory with such 

persons on board. 

XI. Technical Law Enforcement Assistance and Cooperation 

1. In accordance with the applicable laws of the Parties, 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 specialized assistance, 

such as in the conduct of the search of suspect vessels, to law enforcement 

officials of the first Party for the boarding and search of suspect vessels 

located in the Waters of the first Party's State. 

2. The Parties shall mutually consider the placement of liaison personnel 

and investigators within Embassy or military group personnel to facilitate 

law enforcement investigations, prosecutions, and information-sharing 

consistent with this Agreement. 

XII. 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 its applicable national laws and with international law. 

Such boardings and searches should be conducted in accordance with 

applicable national policies and accepted international practices. 

2. Boarding and search teams shall be guided by the following procedures 

in the conduct of operations: 

a. Boardings and searches pursuant to this agreement shall be carried 

out by law enforcement officials from law enforcement vessels or 

aircraft. 

b. The boarding and search teams may operate from law enforcement 

vessels or aircraft of the Parties. 

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c. The boarding and search team may carry standard law enforcement 

arms. 

d. When conducting a boarding and search, law enforcement officials 

shall take due account of the need not to endanger the safety of life at 

sea, the security of the suspect vessel and its cargo, and the 

importance of not prejudicing the commercial and legal interests of 

the flag State or any other interested State. Such officials shall also 

bear in mind the need for courtesy, respect and consideration for the 

persons on board the suspect vessel. 

3. When conducting aviation activities pursuant to this Agreement, the 

Parties shall not endanger the lives of persons on board and the safety of 

civil aircraft. 

XIII. Third Party Platforms 

Vessels and aircraft of States other than the Parties, including warships and 

vessels clearly marked and identifiable as being on government noncommercial service and authorized to that effect with which either of the 

Parties have agreements or arrangements for countering illicit transnational 

maritime activities, are authorized by agreement of the Parties, to operate 

pursuant to this Agreement. 

XIV. Use of Force 

1. All uses of force by a Party pursuant to this Agreement shall be in strict 

accordance with applicable laws of that Party and shall in all cases be 

reasonably necessary under the circumstances, except that neither Party shall 

use force against civil aircraft in flight. 

2. Nothing in this Agreement shall impair the exercise of the inherent right 

of self-defense by law enforcement or other officials ofthe Parties. 

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XV. Exchange of Laws and Policies of Each Party 

1. To facilitate implementation of this Agreement, each Party should ensure 

the other Party is fully informed of its applicable laws and policies, 

particularly those pertaining to the use of force and the determination of the 

status ofmigrants. 

2. Each Party should ensure that all officials operating pursuant to this 

Agreement are informed concerning the applicable laws and policies of both 

Parties. 

XVI. Exchange of Information and Notification on the Results of 

Enforcement Actions 

1. The law enforcement authorities of both Parties shall, where practicable, 

exchange operational information on the detection and location of suspect 

vessels and to make best efforts to communicate with each other. 

2. A Party conducting a boarding and search pursuant to this Agreement 

shall promptly notify the law enforcement authority of the other Party of the 

results thereof. 

3. Each Party shall, on a periodic basis and consistent with its constitution, 

laws, and regulations, make reasonable efforts to inform the other Party on 

the status of all investigations, prosecutions and judicial proceedings 

resulting from enforcement action taken pursuant to this Agreement where 

evidence of illicit transnational maritime activities was found. 

XVII. Points of Contact 

1. Each Party shall identify to the other Party, and keep current, the points 

of contact for shiprider coordination under Article III, disposition and 

jurisdiction instructions under Articles VIII and XVI, requests for 

verification, boarding, and search under Article VII, notification of results 

under Article XVI, and requests for specialized assistance under Article XI 

ofthis Agreement. 

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2. The Parties shall ensure that the points of contact have the capability to 

receive, process and respond to requests and reports at any time. 

XVIII. Disposition of Seized Property 

1. Assets seized, confiscated, or forfeited in consequence of any law 

enforcement operation undertaken in the territory of a Party pursuant to this 

Agreement shall be disposed of in accordance with the laws of that Party, 

except that vessels claiming nationality in the other Party, and boarded by 

law enforcement officials of that Party, shall be disposed of in accordance 

with the laws ofthat Party. 

2. Where the flag State Party consents to the exercise ofjurisdiction by the 

other Party pursuant to Article VIII, assets seized, confiscated, or forfeited in 

consequence of any law enforcement operation shall be disposed of in 

accordance with the laws ofthe Party in whose favor jurisdiction is granted. 

3. To the extent permitted by its laws and upon such terms as it deems 

appropriate, the seizing 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. 

4. Nothing in this Agreement precludes the Parties from concluding any 

other agreement on the sharing of assets from combined law enforcement 

operations. 

XIX. Claims, Settlement of Disputes, Consultations, and Review 

1. Claims. 

a. Any injury to or loss of life of a law enforcement official of a Party 

shall normally be remedied in accordance with the laws ofthat Party. 

b. Any other claim submitted for damage, injury, death or loss 

resulting from an operation carried out under this Agreement shall be 

processed and considered by the Party whose official(s) are asserted 

by the claimant to be responsible for the acts or omissions out of 

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which the claim arises, in accordance with the domestic laws of that 

Party, and in a manner consistent with international law, and if 

merited, resolved in favor ofthe claimant. 

c. 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. 

2. Disputes arising from the interpretation or implementation of this 

Agreement shall be settled by mutual agreement ofthe Parties. 

3. The Parties agree to consult as necessary to evaluate the implementation 

of this Agreement and to consider enhancing its effectiveness. In case a 

difficulty arises concerning the operation of this Agreement, either Party 

may request consultations with the other Party to resolve the matter. 

XX. Preservation of Legal Positions 

Nothing in this Agreement shall: 

1. Supersede any bilateral or multilateral agreement or other cooperative 

mechanism concluded by the Parties, unless otherwise provided for herein; 

2. Prejudice in any manner the positions of either Party regarding the 

international law of the sea; nor affect claims to maritime entitlements of 

either Party or any third State; or 

3. Preclude either Party from otherwise expressly authorizing other 

operations consistent with the purpose and scope ofthis Agreement. 

XXI. Amendments 

Each Party may, at any time after entry into force, propose an amendment to 

this Agreement by providing the text of such a proposal to the other Party. 

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An amendment agreed to by the Parties shall enter into force upon exchange 

ofnotes or as otherwise agreed by the Parties. 

XXII. Entry Into Force and Duration 

l. This Agreement shall enter into force upon signature by both Parties. 

2. This Agreement may be terminated at any time by either Party upon 

written notification to the other Party through diplomatic channels. Such 

termination shall take effect one year from the date of notification. 

3. 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 it was in force. 

IN WITNESS WHEREOF, the undersigned, being duly authorized by their 

respective Governments, have signed this Agreement. 

DONE AT fo(l,~ VILIA , this _3_J_ day of ()e{b6Ql_of 2016, in 

duplicate, in the English language. 

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF 

THE UNITED STATES OF THE REPUBLIC OF VANUATU: 

AMERICA: 

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