TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-303

________________________________________________________________________

MARITIME INTERDICTION

Agreement Between the

UNITED STATES OF AMERICA

and MICRONESIA

Signed at Palikir March 3, 2014
 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.”
 MICRONESIA

Maritime Interdiction

 Agreement signed at Palikir March 3, 2014;

 Entered into force March 3, 2014.
AGREEMENT

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA

CONCERNING

OPERATIONAL COOPERATION TO SUPPRESS ILLICIT

TRANSNATIONAL MARITIME ACTIVITY

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

States of Micronesia (hereinafter, "the Parties");

BEARING in mind the complex nature of detecting, deterring and suppressing illegal

activity at sea, including fisheries offences and illicit maritime drug trafficking;

RECOGNIZING the importance of strengthening and enhancing effective legal means

for international cooperation in criminal matters for suppressing illicit transnational

maritime activity;

DESIRING to promote greater cooperation between the Parties, and thereby enhance

their effectiveness, in detecting illegal transnational maritime activity; and

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

States and in full respect of the freedom of navigation;

Have agreed as follows:

Article 1

Definitions

For purposes of this Agreement:

1. "Illicit transnational maritime activity" means illegal activities prohibited by

international law, including international conventions to which both the Government of

the United States and the Government of the Federated States of Micronesia are party,

but only to the extent enforcement is authorized by the laws of both Parties.
2. "Law enforcement officials" means for the Government of the United States,

uniformed members of the United States Coast Guard, and for the Government of the

Federated States of Micronesia, armed and uniformed officers of the Federated States of

Micronesia National Police, Division of Surveillance.

3. "Law enforcement vessels" means warships and other ships of the Parties and third

Party platforms as agreed by the Parties pursuant to Article 10, clearly marked and

identifiable as being on government service, including any boat and aircraft embarked on

such ships aboard which law enforcement officials of the Parties are embarked.

4. "Law enforcement aircraft" means aircraft of the parties clearly marked and

identifiable as being on government non-commercial service and authorized to that effect.

5. "Competent authority" means, for the United States of America, the United States

Coast Guard, and for the Federated States of Micronesia, the Department of Justice,

National Police Maritime Surveillance Division.

6. "Suspect vessel" means a vessel used for commercial or private purposes in respect of

which there are reasonable grounds to suspect it is engaged in illicit transnational

maritime activity.

Article 2

Object and Purpose of Agreement

1.The purpose of this Agreement is to strengthen ongoing cooperative maritime

surveillance and interdiction activities between the Parties, for the purposes of

identifying, combating, preventing, and interdicting illicit transnational maritime activity.

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

in a manner consistent with the principles of sovereign equality and territorial integrity of

States and that of non-intervention in the domestic affairs of other States.

3. The Parties shall cooperate to the fullest extent possible, subject to the availability of

appropriated funds and resources to fulfill the obligations of the Parties under this

Agreement and in compliance with their respective laws.

Article 3

Combined and Joint Maritime and Air Operations

1. Law enforcement officials of the Federated States of Micronesia may be embarked on

selected United States law enforcement vessels or aircraft. When embarked on United

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States law enforcement vessels, the United States shall facilitate regular communications

between the embarked law enforcement officials and their headquarters in the Federated

States of Micronesia, and shall provide messing and quarters for the embarked law

enforcement officials aboard United States law enforcement vessels in a manner

consistent with United States personnel of the same rank.

2. The embarked law enforcement officials shall be empowered to grant United States

law enforcement vessels and aircraft, on behalf of the Government of the Federated

States of Micronesia, authority to:

(a) enter the Federated States of Micronesian territorial sea to assist the embarked

law enforcement officials to stop, board, and search vessels suspected of violating the

Federated States of Micronesian laws or regulations, and to assist in the arrest of the

persons on board and the seizure of contraband and vessels;

(b) assist the embarked law enforcement officials in performing fisheries surveillance

and law enforcement activities in the Exclusive Economic Zone of the Federated States

of Micronesia, including stopping, inspecting, detaining, directing to port and seizing

fishing vessels in accordance with the national laws and regulations of the Federated

States of Micronesia;

(c) stop, board, and search vessels located seaward of any State's territorial sea and

claiming registry or nationality in the Federated States of Micronesia to assist the

embarked law enforcement officials in the enforcement of applicable laws and

regulations of the Federated States of Micronesia; and

(d) employ reasonable force to stop non-compliant vessels subject to the jurisdiction

of the Federated States of Micronesia.

3. The embarked law enforcement officials may assist United States law enforcement

officials in the conduct of boardings undertaken pursuant to the authority of the United

States, including right of visit boardings and boardings authorized by other flag and

coastal States, as appropriate.

Article 4

Use of Force

When carrying out actions in support of the proposed operations, the use of force shall be

avoided except when necessary to ensure the safety of the embarked officers, United

States personnel, and other persons, or where the officials are obstructed in the execution

of all authorized actions. Any use of force pursuant to this Agreement shall be in strict

accordance with the applicable laws and policies of the Party using force and shall not

exceed that which is necessary and reasonable under the circumstances. Nothing in this

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Agreement shall impair the exercise of the inherent right of self-defense by officials of

either Party.

Article 5

Jurisdiction over Detained Vessels

In all cases arising under subparagraphs (a), (b) or (c) of Article 3(2), the Government of

the Federated States of Micronesia shall have the primary right to exercise jurisdiction

over a detained vessel and/or persons on board (including seizure, forfeiture, arrest, and

prosecution).

Article 6

Disposition of Seized Property

Assets seized in consequence of any operation undertaken in the Federated States of

Micronesian territorial sea pursuant to this Agreement shall be disposed of in accordance

with the laws of the Federated States of Micronesia. To the extent permitted by its laws

and upon such terms as it deems appropriate, the Federated States of Micronesia may, in

any case, transfer forfeited assets or proceeds of its sale to the United States of America.

Article 7

Shipboarding Otherwise in Accordance with International Law.

This Agreement does not limit the right of either Party to conduct boardings of vessels or

other activities consistent with international law whether based, inter alia, on the right of

visit, on the rendering of assistance to persons, vessels, and property in distress or peril,

on the consent of the vessel master, or an authorization from the flag or coastal State or

on any other basis in international law.

Article 8

Conduct of Officials

Each Party shall ensure that its personnel, when conducting boardings and searches

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

policies and with international law.

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Article 9

Third Party Platforms

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

clearly marked and identifiable as being on government non-commercial service and

authorized to that effect, with which the Federated States of Micronesia or the United

States of America have agreements or arrangements for combating illicit transnational

maritime activity, may be authorized by agreement of the Parties, to operate pursuant to

this Agreement.

Article 10

Exchange and Knowledge of Laws and Policies of Other Party

1. To facilitate implementation of this Agreement, each Competent Authority 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 Competent Authority shall ensure that all of its officials are knowledgeable

concerning the applicable laws and policies in accordance with this Agreement.

Article 11

Exchange of Operational Information

1.The Competent Authorities shall endeavor to exchange operational information on the

detection and location of suspect vessels and shall maintain communications with each

other as necessary to carry out the purpose of this Agreement.

2. Each Party shall inform the other Party, and keep current, the points of contact for

coordination and communication in accordance with the terms of this Agreement. Such

information shall be updated by and exchanged between the Competent Authorities.

3. A Party conducting a boarding and search pursuant to this Agreement shall promptly

notify the other Party of the results thereof.

Article 12

Technical Assistance

1. One Party may request, and the other Party may authorize, officials to provide

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

vessels, for the boarding and search of suspect vessels located in the territory or waters of

the requesting Party.

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2. Subject to the availability of resources and in accordance with the laws, regulations,

and policies of the United States, the Government of the United States may assist the

Government to the Federated States of Micronesia in acquiring and developing sufficient

capacity and technical, logistical, and material resources to carry out the object and

purpose of this Agreement.

Article 13

Claims

1. Any injury to or loss of life of an official of a Party while carrying out operations

arising from this Agreement shall normally be remedied in accordance with the laws of

that Party.

2. 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 in accordance

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

3. If any loss, injury or death is suffered as a result of any action taken by the 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 or payment to the fullest extent

practicable.

Article 14

Disputes and Consultations

1. Disputes arising from the interpretation or implementation of this Agreement shall be

settled by mutual agreement of the Parties.

2. 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:

1. Is intended to alter the rights and privileges due to any individual in any administrative

or judicial proceeding; or

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2. Shall prejudice the position of either Party with regard to the international law of the

sea, or affect the territorial or maritime boundaries or claims of either Party, as between

them or with third States.

Article 16

Entry into Force, Duration, and Termination

1.This Agreement shall enter into force upon signature of both Parties.

2. Upon entry into force, this Agreement supersedes the Cooperative Shiprider

Agreement between the Government of the United States of America and the

Government of the Federated States of Micronesia by exchange of notes at Kolonia and

Palikir on April 30 and May 14, 2008.

3. 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 six months from the date of notification.

4. 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 Palikir, FS/4 

, this 3rd day of March 

, 2014,

in duplicate, both texts being equally authentic.

FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE

FEDERATED STATES OF

MICRONESIA:

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