TREATIES AND OTHER INTERNATIONAL ACTS SERIES 04-1124 

________________________________________________________________________ 

WEAPONS 

Proliferation 

 Agreement between the 

UNITED STATES OF AMERICA 

and the MARSHALL ISLANDS 

Signed at Honolulu August 13, 2004 

 
 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.” 
 MARSHALL ISLANDS 

 Weapons: Proliferation 

Agreement signed at Honolulu August 13, 2004; 

 Entered into force November 24, 2004. 
AGREEMENT

BETWEEN

THE GOVERNMENT

OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT

OF THE REPUBLIC OF THE MARSHALL ISLANDS

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 the

Republic of the Marshall Islands, (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 these items by States and non-state actors of

proliferation concern must be stopped;

Guided by the Statement of Interdiction Principles for the Proliferation Security

Initiative;

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, done at Montego

Bay, 10 December 1982;

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. "United States" means the Government of the United States of America.

2. "Marshall Islands" means the Government of the Republic of the Marshall

Islands.

3. "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.

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

and radiological weapons.

5. "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.

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

related materials.

7. "States or non-state actors of proliferation concern" means those countries or

entities that should be subject to interdiction activities because they are or

are believed to be engaged in: (1) efforts to develop or acquire WMD or

their delivery systems; or (2) trafficking (either selling, receiving, or

facilitating) of WMD, their delivery systems, or related materials.

8. "Security Force" means:

a. for the United States, the United States Coast Guard and the United

States Navy; and

b. for the Marshall Islands, the National Police Force of the Marshall

Islands.

9. "Security Force Officials" means:

a. for the United States, uniformed or otherwise clearly identifiable

members of the U.S. Security Force, who may be accompanied by

uniformed or otherwise clearly identifiable members of the
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Departments of Homeland Security and Justice, and others duly

authorized by the United States and notified to the Competent

Authority of the Marshall Islands; and

b. for the Marshall Islands, uniformed or otherwise clearly identifiable

members of the law enforcement authorities of the Marshall Islands

Security Force.

10. "Security Force vessels" means warships and other vessels of the Parties, or

of third States as may be agreed upon by the Parties, on which Security

Force Officials of either or both Parties may be embarked, clearly marked

and identifiable as being on government service and authorized to that

effect, including any vessel and aircraft embarked on or supporting such

vessels.

11. "Warship" means ships belonging to the armed forces of a State bearing the

external marks distinguishing such ships of its nationality, under the

command of an officer duly commissioned by the government of the State

and whose name appears in the appropriate service list or its equivalent, and

manned by a crew that is under regular armed forces discipline.

12. "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

proliferation by sea.

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

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

with international law.

14. "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 the Marshall Islands, the

Commissioner of Maritime Affairs of the Office of the Maritime

Administrator (including any officer designated under Marshall Islands law

to perform such functions) appointed under Sections 103, 104 and 105 of

Title 47 (The Maritime Act 1990, as amended) of the Laws of the Marshall

Islands.
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.

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

availability of resources and in compliance with their respective laws.

Article 3

Cases of Suspect Vessels

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

carried out only against suspect vessels, including suspect vessels without

nationality, and suspect vessels assimilated to vessels without nationality, but not

against a vessel registered under the law of one of the Parties while bareboat

charter registered in another State not party to this Agreement.

Article 4

Operations in International Waters

1. Authority to Board Suspect Vessels. Whenever the Security Force Officials

of one Party ("the requesting Party") encounter a suspect vessel claiming

nationality in the other Party ("the requested Party") located seaward of any

State's territorial sea, the requesting Party may request through the

Competent Authority of the requested Party that it:

a. confirm the claim of nationality of the suspect vessel; and

b. if such claim is confirmed:

i. authorize the boarding and search of the suspect vessel, cargo

and the persons found on board by Security Force Officials of

the requesting Party; and
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ii. if evidence of proliferation is found, authorize the Security

Force Officials of the requesting Party to detain the vessel, 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 vessels.

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

vessel, the basis for the suspicion, the geographic position of the vessel, 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. the requested Party shall acknowledge to the Competent

Authority of the requesting Party in writing by e-mail or facsimile its receipt

of any written or oral request immediately upon receiving it.

3. Responding to Requests.

a. If the nationality is verified, the requested Party may:

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;

iii. decide to conduct the boarding and search together with the

requesting Party; or

iv. deny permission to board and search.

b. The requested Party shall answer through its Competent Authority

requests made for the verification of nationality within four hours of

its acknowledgment of the receipt of such requests. The requesting

Party shall acknowledge to the Competent Authority of the requested

Party in writing by e-mail or facsimile its receipt of any written or oral

response from the Requesting Party immediately upon receiving it.

c. If the nationality is not verified within the four hours, the requested

Party may, through its Competent Authority:
i. nevertheless authorize the boarding and search by the Security

Force Officials of the requesting Party; or

ii. refute the claim of the suspect vessel to its nationality.

d. If there is no response from the Competent Authority of the requested

Party within four hours of its acknowledgment of receipt of the

request, the requesting Party will be deemed to have been authorized

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

documents, questioning the persons on board, and searching the vessel

to determine if it is engaged in proliferation by sea.

4. Right of Visit. Notwithstanding the foregoing paragraphs of this Article, the

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

board suspect vessels 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 vessel,

for the purpose of locating and examining the vessel's documentation. If

documentation or other physical evidence of nationality is located, the

foregoing paragraphs of this Article apply. If no documentation or other

physical evidence of nationality is available, the other Party will not object

to the first Party assimilating the vessel to a ship without nationality

consistent 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

vessels or other activities consistent with international law whether based,

inter alia, on the right of visit, the rendering of assistance to persons,

vessels, and property in distress or peril, or an authorization from the Flag or

Coastal State, of any other party, or other appropriate bases in international

law.

Article 5

Exercise of Jurisdiction over Detained Vessels,

as well as Items and Persons on Board

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

vessels of a Party located seaward of any State's territorial sea, that Party
shall have the primary right to exercise jurisdiction over a detained vessel,

cargo or other items and persons on board (including seizure, forfeiture,

arrest, and prosecution), provided, however, that the Party with the right to

exercise primary jurisdiction 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 or other items

and persons on board.

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

Article 4 involving the vessel 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 Party which conducts the

boarding shall have the primary right to exercise jurisdiction.

b. in cases involving suspect vessels 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 primary right to exercise

jurisdiction.

3. Disposition Instructions. Consultations as to the exercise of jurisdiction

pursuant to paragraphs 1 and 2 of this Article shall be undertaken without

delay between the Competent Authorities.

4. Form of waiver. Where permitted by the Constitution and laws of a Party,

waiver of jurisdiction may be granted verbally, but as soon as possible it

shall be recorded in a written note from the Competent Authority and be

processed through the appropriate diplomatic channel, without prejudice to

the immediate exercise of jurisdiction over the suspect vessel by the other

Party.

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 vessels and shall maintain communication 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.

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

report 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.

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 vessels and

vessels and aircraft embarked on or otherwise supporting such

Security Force vessels, as well as by vessels and aircraft of third

States as agreed between the Parties.

b. The boarding and search teams may operate from Security Force

vessels of the Parties and from such vessels of other States, according

to arrangements between the Party conducting the operation and the

State providing the vessel and notified to the other Party.

c. The boarding and search teams may carry arms.

Article 8

Safeguards

1. Where a Party takes measures against a vessel in accordance with this

Agreement, it shall:

a. take due account of the need not to endanger the safety of life at sea,

including, but not limited to:
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i. taking precautions not to hazard unduly the vessel or the

vessel's crew while boarding; and

ii. taking account of vessel location, e.g., in a traffic separation

scheme, to avoid inadvertently endangering other vessels in the

vicinity in the course of boarding;

b. take due account of the security of the vessel 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 vessel 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 that the master of the vessel is, or has been, afforded the

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

earliest opportunity and provided the necessary information to file a

claim pursuant to Article 13, paragraph 2.

2. Reasonable efforts shall be taken to avoid a vessel being unduly detained or

delayed.

Article 9

Use of Force

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

with the applicable laws and policies of the Party conducting the boarding

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 vessels and officials 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 vessels 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. the Parties shall ensure that the 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 vessels subject to the

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

that Party in accordance with its laws.

2. The Party exercising jurisdiction may, in any case, transfer forfeited cargo

and other items or proceeds of their sale to the other Party. Each transfer
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generally will reflect the contribution of the other Party to facilitating or

effecting the forfeiture of such assets or proceeds.

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 normally be resolved in accordance with the laws of that

Party.

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

loss, including for loss or damage suffered as a result of a vessel being

unduly detained or delayed as provided in Regulation XI-2/9.3.5.1 annexed

to the International Convention for the Safety of Life at Sea, 1974 as

amended, 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, provided the vessel

has not committed any act justifying the measures taken. All such claims

shall be forwarded to the relevant addressees included in the information

provided pursuant to Article 8, paragraph 1(f).

3. Consultation. If any damage, harm, injury, death or loss is suffered as a

result of any action taken by the Security Force 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.

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.
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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. shall alter 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.

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 vessels, for the boarding and search of suspect vessels

located in the territory or waters of the requesting Party.

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 vessels or aircraft claiming its nationality, or from

providing other forms of 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. Provisional Application. Beginning on the date of signature of this

Agreement, the Parties shall apply it provisionally. Either Party may

discontinue provisional application at any time. Each Party shall notify the
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other Party immediately of any constraints or limitations on provisional

application, of any changes to such constraints or limitations, and upon

discontinuation of provisional application.

3 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.

4. 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.

Article 18

Rights for Third States

1. The Parties agree that the Government of the Republic of the Marshall

Islands may extend, mutatis mutandis, all rights concerning suspect vessels

claiming its nationality under the present Agreement to such third States as it

may deem appropriate, on the understanding that such third States shall

likewise comply with all conditions set forth in the present Agreement for

the exercise of such rights, and on the understanding that the Government of

the Republic of the Marshall Islands and such third States agree on the

designation of points of contact in accordance with Article 11.

2. Such third States shall enjoy rights and be subject to all conditions

governing their exercise as set forth in paragraph 1 of this Article, effective

on the date of notification by the third State to the Government of the

Republic of the Marshall Islands that it will comply with the conditions for

the exercise of those rights.

3. Such rights shall be revocable by the Government of the Republic of the

Marshall Islands or renounceable by the third State in writing. Such rights

shall be revoked, and the conditions governing their exercise shall cease to

apply, effective on the date of notification.

4. Such rights shall be subject to modification by mutual concurrence in

writing of the Government of the Republic of the Marshall Islands and the

third State. Upon establishment of such mutual written concurrence, such

rights shall be modified on a mutually agreed date, which shall be specified

in the written concurrence.
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IN WITNESS WHEREOF, the undersigned, being duly authorized by their

respective Governments, have signed this Agreement.

DONE at Honolulu, this .44,:r day of August, 2004, in duplicate, both

texts being equally authentic.

FOR THE GOVERNMENT FOR THE GOVERNMENT

OF THE UNITED STATES OF THE REPUBLIC

OF AMERICA: OF T MARSHALL ISLANDS: