TREATIES AND OTHER INTERNATIONAL ACTS SERIES 05-1019 

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WEAPONS 

Proliferation 

 Agreement between the 

UNITED STATES OF AMERICA 

and BELIZE 

Signed at Washington August 4, 2005 

 
 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.” 
BELIZE 

Weapons: Proliferation 

Agreement signed at Washington August 4, 2005; 

 Entered into force October 19, 2005. 

 
AGREEMENT

BETWEEN

THE GOVERNMENT

OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF BELIZE

CONCERNING COOPERATION TO SUPPRESS THE

PROLIFERATION OF WEAPONS OF MASS DESTRUCTION,

THEIR DELIVERY SYSTEMS, AND RELATED MATERIALS

BY SEA

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

Belize (hereinafter, "the Parties"),

Deeply concerned about the proliferation of weapons of mass destruction

(WMD), their delivery systems, and related materials, particularly by sea, as

well as the risk that these may fall into the hands of terrorists;

Recalling the 31 January 1992 United Nations Security Council Presidential

statement that proliferation of all WMD constitutes a threat to international

peace and security, and underlines the need for Member States of the UN to

prevent proliferation;

Also recalling United Nations Security Council Resolution 1540 (2004), which

calls on all States, in accordance with their national legal authorities and

legislation and consistent with international law, to take cooperative action to

prevent illicit trafficking in nuclear, chemical or biological weapons, their

means of delivery, and related materials;

Recalling further the Convention on the Prohibition of the Development,

Production, Stockpiling and Use of Chemical Weapons and on their

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

Nuclear Weapons, done at Washington, London and Moscow 1 July 1968; and

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 10 April 1972;

Further recalling the International Ship and Port Facility Security Code,

adopted by the International Maritime Organization on 12 December 2002;

Acknowledging the widespread consensus that proliferation and terrorism

seriously threaten international peace and security;

Convinced that trafficking in items of proliferation concern by States and nonstate actors of proliferation concern must be stopped;

Supporting the Statement of Interdiction Principles for the Proliferation

Security Initiative;
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Inspired by the efforts of the International Maritime Organization to improve

the effectiveness of the Convention for the Suppression of Unlawful Acts

against the Safety of Maritime Navigation, done at Rome 10 March 1988;

Reaffirming the importance of customary international law of the sea as

reflected in the 1982 United Nations Convention on the Law of the Sea; and

Committed to cooperation to stop the flow by sea of WMD, their delivery

systems, and related materials to or from States or non-state actors of

proliferation concern;

Have agreed as follows:

ARTICLE 1

Definitions

In this Agreement, unless the context otherwise requires:

1. "Proliferation by sea" means the illicit transportation by ship of weapons

of mass destruction, their delivery systems, and related materials.

2. "Weapons of mass destruction" (WMD) means nuclear, chemical,

biological and radiological weapons.

3. "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 WMD.

4. "Items of proliferation concern" means WMD, their delivery systems,

and related materials.

5. "Security Force Officials" means:

(a) for the United States, uniformed or otherwise clearly identifiable

members of the United States Coast Guard and the United States

Navy, who may be accompanied by clearly identifiable law

enforcement officials of the Departments of Homeland Security

and Justice, and other clearly identifiable officials duly authorized

by the Government of the United States of America and notified to

the Competent Authority of the Government of Belize; and

(b) for Belize, uniformed or otherwise clearly identifiable members of

the National Coast Guard Service, the Belize Defence Force, or

the Belize Police Department, who may be accompanied by

clearly identifiable public officers or by officers of a third State,

duly authorized by the Government of Belize and notified to the

Competent Authority of the United States.

6. "Security Force ships" means warships and other ships of the Parties, or

of third States as may be identified by one Party and notified to the other Party,

on which Security Force Officials of either or both Parties may be embarked,
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clearly marked and identifiable as being on government service and authorized

to that effect, including any ship and aircraft embarked on or supporting such

ships.

7. "Suspect ship" means a ship used for commercial or private purposes in

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

proliferation by sea.

8. "International waters" means all parts of the sea not included in the

territorial sea, internal waters and archipelagic waters of a State, consistent

with the respective Constitutions of each Party and the United Nations

Convention on the Law of the Sea.

9. "Competent Authority" means for the United States, the Commandant of

the United States Coast Guard (including any officer designated by the

Commandant to perform such functions), and for Belize, the Commandant

Belize National Coast Guard Service (including any officer designated by the

Minister responsible for the Belize National Coast Guard Service to perform

such functions).

Article 2

Object and Purpose of Agreement

1. The object and purpose of this Agreement is to promote cooperation

between the Parties to enable them to prevent the transportation by sea of items

of proliferation concern.

2. The Parties shall carry out their obligations and responsibilities under

this Agreement in a manner consistent with the principles of international law

pertaining to the sovereign equality and territorial integrity of States, and in

accordance with their Constitutions and applicable national laws.

3. The Parties shall cooperate with each other under this Agreement to the

fullest extent possible consistent with the principles of international law, but

subject to the availability of resources and in compliance with their

Constitutions and applicable national laws.

Article 3

Cases of Suspect Ships

Operations to suppress proliferation by sea pursuant to this Agreement shall be

carried out only against suspect ships having or otherwise claiming the

nationality of one of the Parties, suspect ships without nationality, and suspect

ships assimilated to ships without nationality, but not against a ship registered

under the law of one of the Parties while bareboat chartered in another State

not party to this Agreement.
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Article 4

Operations in International Waters

1. Authority to Board Suspect Ships. Whenever the Security Force

Officials of one Party ("the requesting Party") suspect that a ship located in

international waters is a suspect ship which claims nationality in the other Party

("the requested Party"), the requesting Party may request through the

Competent Authority of the requested Party, in accordance with paragraph 2 of

this Article, that it:

(a) confirm the claim of nationality of the suspect ship; and

(b) if such claim is confirmed:

(i) authorize the boarding and search of the suspect ship, cargo

and the persons found on board by Security Force Officials

of the requesting Party; and

(ii) if items of proliferation concern are found, authorize the

Security Force Officials of the requesting Party to exercise

control over the movement of the ship, as well as items and

persons on board, pending instructions conveyed through

the Competent Authority of the requested Party as to the

actions the requesting Party is permitted to take concerning

such items, persons and ships.

2. Contents of Requests. Each request should contain the name of the

suspect ship, the basis for the suspicion, the geographic position of the ship, the

IMO number if available, the homeport, the port of origin and destination, and

any other identifying information.

If a request is conveyed orally, the requesting Party shall confirm the request in

writing by facsimile or e-mail as soon as possible within two hours. The

requested Party shall acknowledge to the Competent Authority of the

requesting Party in writing by facsimile or e-mail, or orally and confirmed in

writing, its receipt of any written or oral request as soon as possible within two

hours upon receiving it.

3. Responding to Requests.

(a) If the nationality is not verified, the requested State may refute the

claim of the suspect ship to its nationality.

(b) If the nationality is verified, the requested Party may, if satisfied

that it is a suspect ship:

(i) decide to conduct the boarding and search with its own

Security Force Officials;

(ii) authorize the boarding and search by the Security Force

Officials of the requesting Party;
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(iii) decide to conduct the boarding and search together with the

requesting Party; or

(iv) deny permission to board and search.

(c) The requested Party shall answer through its Competent

Authority, orally and confirmed in writing by e-mail or facsimile,

requests made for the verification of nationality and authority to

board within two hours of its acknowledgment of the receipt of

such requests.

(d) In any case, the requesting Party may request additional

information or request additional time in which to respond.

(e) (i) If there is no response from the Competent Authority of the

Requested Party within 2 hours of its acknowledgement of

the request, the Requesting Party shall contact the

Requested Party to verify the reasons for the Requested

Party's non-reply.

(ii) If no contact can be established with the Competent

Authority of the Requested Party, the Competent Authority

of the Requesting Party may nevertheless proceed to board

the suspect vessel for the purpose of inspecting the vessel's

documents in order to verify the said vessel's nationality.

(iii) If the Competent Authority of the Requesting Party is

satisfied that the ship has the nationality of the Requested

Party, the Requesting Party will be deemed to have been

authorized by the Requested Party to question persons on

board and to search the vessel to determine if it is so

engaged in proliferation by sea.

4. Notwithstanding the foregoing paragraphs of this Article, the Security

Force Officials of one Party ("the first Party") are authorized to board suspect

ships claiming nationality in the other Party that are not flying the flag of the

other Party, not displaying any marks of its registration or nationality, and

claiming to have no documentation on board the ship, for the purpose of

locating and examining the ship's documentation. Provided that:

(a) If documentation or other physical evidence of nationality is

located, the foregoing paragraphs of this Article apply.

(b) If no documentation or other physical evidence of nationality is

available, the requesting Party may assimilate the ship to a ship

without nationality in accordance with international law.

5. Use of Force. The authorization to board, search and detain includes the

authority to use force in accordance with Article 9 of this Agreement.

6. Shipboarding Otherwise in Accordance with International Law. This

Agreement does not limit the right of either Party to conduct boardings of ships
• or other activities in accordance with international law whether based, inter

alia, on the right of visit, the rendering of assistance to persons, ships and

property in distress or peril, or an authorization from the Flag or Coastal State,

or other appropriate bases in international law.

Article 5

Exercise of Jurisdiction over Detained Ships,

as well as Items and Persons on Board

1. Jurisdiction of the Parties. In all cases covered by Article 4 concerning

the ships of a Party located in international waters, that Party shall have the

right to exercise jurisdiction over a detained ship, cargo or other items and

persons on board (including seizure, forfeiture, arrest, and prosecution).

2. Jurisdiction in the contiguous zone of a Party. In all cases not covered

by Article 4 involving the ship of a Party that arise in the contiguous zone of a

Party and in which both Parties have authority to board and to exercise

jurisdiction to prosecute--

(a) except as provided in paragraph (b), the flag State Party shall have

the right to exercise jurisdiction.

(b) in cases involving suspect ships fleeing from the territorial sea of a

Party in which that Party has the authority to board and to exercise

jurisdiction, that Party shall have the right to exercise jurisdiction.

3. Disposition Instructions. Consultations as to the disposition of the

vessel, cargo and persons on board shall be undertaken without delay between

the Competent Authorities.

Article 6

Exchange of Information and Notification of

Results of Actions of the Security Forces

1. Exchange of Operational Information. The Security Forces of both

Parties shall endeavor to exchange operational information on the detection and

location of suspect ships and shall maintain and protect from unauthorized

disclosure communications with each other as necessary to carry out the

purpose of this Agreement.

2. Notification of Results. A Party conducting a boarding and search

pursuant to this Agreement shall promptly notify the other Party of the results

thereof through their Competent Authorities, and in compliance with its laws,

make full disclosure and submit a comprehensive report in respect of the

boarding, search and results of the investigation.

3. Status Reports. The relevant Party, in compliance with its laws, shall

timely report within 30 days to the other Party, through their Competent

Authorities, on the status of all investigations, prosecutions and judicial

proceedings and other actions and processes, arising out of the application of

this Agreement. If any investigation, prosecution, judicial proceedings or other
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actions and processes is not complete within 30 days, the relevant Party shall

provide periodic reports to the other Party within 180 days.

Article 7

Conduct of Security Force Officials

1. Compliance with Law and Practices. Each Party shall ensure that its

Security Force Officials, when conducting boardings and searches pursuant to

this Agreement, act in accordance with its applicable national laws and policies

and consistent with international law and accepted international practices.

2. Boarding and Search Teams.

(a) Boardings and searches pursuant to this Agreement shall be

carried out by Security Force Officials from Security Force ships

and ships and aircraft embarked on or otherwise supporting such

Security Force ships.

(b) The boarding and search teams may carry arms.

Article 8

Safeguards

1. Where a Party boards, searches, detains, seizes, arrests, forfeits, or takes

other measures against a suspect ship, or persons on board, or an item of

proliferation concern on a suspect ship, in accordance with this Agreement,

that Party shall:

(a) take due account of the need not to endanger the safety of life at

sea;

(b) take due account of the security of the ship and its cargo;

(c) not prejudice the commercial or legal interests of the Flag State;

(d) ensure within available means, that any measure taken with regard

to the suspect ship is environmentally sound under the

circumstances;

(e) ensure that persons on board are afforded the protections, rights

and guarantees provided by international law and the boarding

State's law and regulations;

(f) ensure the master of the suspect ship is, or has been, afforded the

opportunity to contact the ship's owner, manager or Flag State at

the earliest opportunity.

2. Reasonable efforts shall be taken to avoid a suspect ship from being

unduly detained or delayed.
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Article 9

Use of Force

1. All uses of force pursuant to this Agreement shall be in strict accordance

with this Agreement, the applicable laws and policies of the Parties and

applicable international law.

2. Each Party shall avoid the use of force except when and to the degree

necessary to ensure the safety of Security Force Officials and ships, and of

persons on board the suspect ship, and where Security Force Officials are

obstructed in the execution of their duties.

3. Only that force reasonably necessary under the circumstances may be

used.

4. Boarding and search teams and Security Force ships have the inherent

right to use all available means to apply that force reasonably necessary to

defend themselves or others from physical harm.

Article 10

Exchange and Knowledge of Laws and Policies of Other Party

1. Exchange of Information. To facilitate implementation of this

Agreement, each Party shall endeavor to ensure the other Party is appropriately

informed of its respective applicable laws and policies, particularly those

pertaining to the use of force.

2. Knowledge. Each Party shall endeavor to ensure that its Security Force

Officials are knowledgeable concerning the applicable laws and policies in

accordance with this Agreement.

Article 11

Points of Contact

1. Information. Each Party shall inform the other Party, and keep current,

the points of contact for communication, decision and instructions under

Articles 4 and 5, and notifications under Articles 6 and 10 of this Agreement.

Such information shall be updated by and exchanged between the Competent

Authorities.

2. Availability. Each Party shall ensure that its points of contact have the

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

Article 12

Disposition of Seized Property

1. Except as otherwise agreed by the Parties, cargo and other items seized

in consequence of operations undertaken onboard ships subject to the

jurisdiction of a Party pursuant to this Agreement, shall be disposed of by that

Party in accordance with its laws.
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2. The Party exercising jurisdiction may, in any case, transfer forfeited

cargo, assets and other items 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 cargo, assets or proceeds.

3. A Party may transfer an item of proliferation concern to the other Party

for safeguarding from onward proliferation and destruction.

Article 13

Claims

1. Injury or Loss of Life. Any claim for injury to or loss of life of a

Security Force Official of a Party while carrying out operations arising from

this Agreement shall be resolved by that Party in accordance with the laws of

that Party.

2. Other Claims. Any other claim submitted for damage, harm, injury,

death or loss resulting from an operation carried out by a Party under this

Agreement shall be resolved by that Party in accordance with the domestic law

of that Party, and in a manner consistent with international law.

Article 14

Disputes and Consultations

1. Disputes. Disputes arising from the interpretation or implementation of

this Agreement shall be settled by mutual agreement of the Parties.

2. Evaluation of Implementation. The Parties agree to consult as necessary

to evaluate the implementation of this Agreement and to consider enhancing its

effectiveness. The evaluation shall be carried out at least once a year.

3. Resolving Difficulties. In case a difficulty arises concerning the

operation of this Agreement, either Party may request consultations with the

other Party to resolve the matter.

Article 15

Effect on Rights, Privileges and Legal Positions

Nothing in this Agreement:

(a) alters the rights and privileges due any person in any

administrative or judicial proceeding conducted under the

jurisdiction of either Party.

(b) shall prejudice the position of either Party with regard to

international law.
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Article 16

Cooperation and Assistance

1. The Competent Authority of one Party may request, and the Competent

Authority of the other Party may authorize, Security Force Officials to provide

technical assistance, such as specialized assistance in the conduct of search of

suspect ships or other facilities, for the search of suspect ships or other

facilities located in the territory or waters of the requesting Party. Each Party

shall bear its own costs.

2. Nothing in this Agreement precludes a Party from authorizing the other

Party to suppress proliferation in its territory, waters or airspace, or to take

action involving suspect ships or aircraft claiming its nationality, or from

providing other forms of assistance and cooperation to suppress proliferation.

Article 17

Entry into Force and Duration

1. Entry into Force. This Agreement shall enter into force upon an

exchange of notes indicating that the necessary internal procedures of each

Party have been completed.

2. Termination. This Agreement may be terminated by either Party upon

written notification of such termination to the other Party through the

diplomatic channel, termination to be effective one year from the date of such

notification.

3. Continuation of Actions Taken. This Agreement shall continue to apply

after termination with respect to any administrative or judicial proceedings

regarding actions that occurred during the time the Agreement was in force.

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

respective Governments, have signed this Agreement.

DONE at Washington, this fourth day of August, 2005, in duplicate.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF

UNITED STATES OF AMERICA: L E: /

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