TREATIES AND OTHER INTERNATIONAL ACTS SERIES 04-629 

________________________________________________________________________ 

NARCOTIC DRUGS 

Maritime Cooperation 

 Agreement between the 

UNITED STATES OF AMERICA 

and THE BAHAMAS 

Signed at Nassau June 29, 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.” 
 THE BAHAMAS 

 Narcotic Drugs: Maritime Cooperation 

 Agreement signed at Nassau June 29, 2004; 

 Entered into force June 29, 2004. 
AGREEMENT

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE COMMONWEALTH OF THE BAHAMAS

CONCERNING COOPERATION IN MARITIME LAW ENFORCEMENT

The Government of the United States of America and the

Government of the Commonwealth of The Bahamas (hereinafter,

"the Parties");

BEARING IN MIND the complex nature of the problems of

illicit trafficking in narcotics and psychotropic

substances by sea and air, and the unsafe transport and

smuggling of migrants;

RECALLING the International Convention for the Safety of

Life at Sea, 1974, with annex (hereinafter, "the SOLAS

Convention") and the 1982 United Nations Convention on the

Law of the Sea (hereinafter, "the 1982 Law of the Sea

Convention");

HAVING REGARD to the urgent need for international

cooperation in suppressing illicit trafficking in narcotics

and psychotropic substances, which is recognized in the

1961 Single Convention on Narcotic Drugs and its 1972

Protocol, in the 1971 Convention on Psychotropic

Substances, in the 1982 Law of the Sea Convention, 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 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 contained 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;

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 of migrants;

RECALLING ALSO the Treaty between the Parties on Mutual

Assistance in Criminal Matters, signed at Nassau June 12

and August 18, 1987, as corrected and entered into force

July 18, 1990;

RECALLING FURTHER the longstanding cooperation between the

Parties in law enforcement, defence and search and rescue

matters evidenced by the:

-- Understanding between the Governor of The Bahamas

and the United States Coast Guard effected by exchange of

letters dated December 4 and 11, 1964 (hereinafter, "the

Grey Agreement");

-- Agreement between the United States and the United

Kingdom for the establishment of an Atlantic Undersea Test

and Evaluation Center in the Bahamas Islands, with agreed

minutes, signed at Washington October 11, 1963, and the

Agreement regarding arrangements for continued United

Kingdom access to and use of the Atlantic Undersea Test and

Evaluation Centre (AUTEC) facility in The Bahamas, pursuant

to an exchange of notes at Washington April 5, 1984;
-- Agreement on the Continuance of United States

Military Rights and Maritime Practices in the Bahamas

effected by exchange of notes dated July 10 and 20, 1973

(hereinafter, "the 1973 Notes");

-- Understanding concerning military operating rights

and maritime practices effected by exchange of notes dated

April 5, 1984 (hereinafter, "the 1984 Carryover

Agreement");

-- Understanding concerning drug interdiction and

other operations effected by exchange of notes dated May 22

and 28, 1992 (hereinafter, "the 1992 Notes");

-- Agreement concerning a Cooperative Shiprider and

Overflight Drug Interdiction Program for Joint Operations

effected by exchange of notes dated May 1 and 6, 1996

(hereinafter, "the 1996 Shiprider Agreement"); and

-- Memorandum of Understanding between the United

States, The Bahamas and the United Kingdom, including Turks

and Caicos Island, Concerning Cooperation in the Fight

against Illicit Trafficking of Narcotic Drugs through the

use of Equipment and Personnel Based at Great Inagua and

Such Other Bases as may be Established in the Turks and

Caicos Islands signed in Washington July 12, 1990

(hereinafter, "the 1990 TRIPART MOU on OPBAT");

DESIRING to promote greater and resolute cooperation

between them to combat illicit traffic in narcotic drugs

and psychotropic substances by sea and air, and the unsafe

transport and smuggling of migrants, and to facilitate the

repatriation of migrants, while not affecting those

agreements listed herein regulating military operating

rights; and

BASED ON the principles of international law, respect for

the sovereign equality of States and in full respect of the

principle of the right of freedom of navigation consistent

with the 1982 Law of the Sea Convention;

Have agreed as follows:

Article 1

Purpose and Scope

The Parties shall continue to cooperate to the fullest

extent possible in combating illicit trafficking in

narcotic drugs and psychotropic substances by sea and air,

and the unsafe transport and smuggling of migrants,

consistent with international law and available law
enforcement resources and priorities related thereto. This

shall include the sharing of information between the

Parties concerning specific instances of illicit

trafficking by sea and air, the unsafe transport of

migrants, and the smuggling of migrants.

Article 2

Definitions

For the purposes of this Agreement, unless the context

otherwise requires:

1. "Illicit traffic" has the same meaning as in Article

1(m) of the 1988 Convention and includes illicit traffic by

air.

2. "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.

3. "Unsafe transport of migrants" means, with regard to

transport by sea, the carriage of migrants on board a

vessel that is:

a. obviously 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.

4. "Migrant smugglers" means persons engaged in smuggling

of migrants.

5. "Smuggling of migrants" 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.
6. "Illegal entry" means crossing borders without complying

with the necessary requirements for legal entry into the

territory of a Party.

7. "Territory, waters and airspace of the Parties" means:

a. For the Government of the Commonwealth of The

Bahamas: The land territory, archipelagic waters as may be

declared by the Government of the Commonwealth of The

Bahamas in accordance with international law, and the

territorial sea of The Bahamas, and the airspace over such

territory and waters.

b. For the Government of the United States: The land

territory and territorial sea of the United States of

America, including the Commonwealth of Puerto Rico, the

United States Virgin Islands, and other territories and

possessions in the Caribbean Sea over which the United

States exercises sovereignty, and the airspace over such

United States territory and waters.

8. "Contiguous zone" has the same meaning as in Article 33

of the 1982 Law of the Sea Convention.

9. "International waters" means all parts of the sea not

included in the archipelagic waters, territorial sea, and

internal waters of a State.

10. "International airspace" means the airspace situated

over international waters.

11. "Bahamian aviation authority" means the Department of

Civil Aviation.

12. "Law enforcement authorities" means:

a. For the Government of the Commonwealth of The

Bahamas, the Royal Bahamas Defence Force, the Royal Bahamas

Police Force, the Ministry of Foreign Affairs, and the

Office of the Attorney General; and

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

the Department of Justice and the Department of Homeland

Security.

13. "Law enforcement officials" means:
a. For the Government of the Commonwealth of The

Bahamas, uniformed or otherwise clearly identifiable

members of the Royal Bahamas Defence Force, the Royal

Bahamas Police Force, and The Bahamas Customs Service; and

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

uniformed or otherwise clearly identifiable members of the

United States Coast Guard, Drug Enforcement Administration,

and officers of the Customs, and in addition for the

purpose of Article 14, uniformed or otherwise clearly

identifiable members of the Directorate of Border and

Transportation Security and the Department of Justice.

14. "Law enforcement vessels" means vessels, clearly marked

and identifiable as being on government non-commercial

service and authorized to that effect, including any boat

or aircraft embarked on such vessels, of the United States

Coast Guard, the Directorate of Border and Transportation

Security, the Royal Bahamas Defence Force, the Royal

Bahamas Police Force, the Bahamas Customs Service, and

other vessels of the Parties as may be agreed upon, on

which law enforcement officials of either or both Parties

are embarked.

15. "Law enforcement aircraft" means aircraft of the

Parties, 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.

16. "Shiprider" means a law enforcement official of one

Party authorized to embark on a law enforcement vessel or

aircraft of the other Party.

17. "Shiprider Program Coordinator" means, for the

Government of the Commonwealth of The Bahamas, the

Commander, Royal Bahamas Defence Force and the

Commissioner, Royal Bahamas Police Force, and for the

Government of the United States of America, the Commander,

Seventh Coast Guard District.

18. "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 traffic, the

unsafe transport of migrants, or the smuggling of migrants.
19. "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 traffic, the unsafe transport of migrants, or the

smuggling of migrants.

20. "Vessel" means any type of water craft, including nondisplacement 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 non-commercial service.

Article 3

General Principles

1. Operations to suppress illicit traffic, and to prevent

and combat the unsafe transport of migrants and the

smuggling of migrants, in the territory, waters, and

airspace of a Party are the responsibility of, and subject

to the authority of, that Party.

2. Except as authorized pursuant to Articles 6 and 7,

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 waters or airspace

of the other Party.

Article 4

Cases of Suspect Vessels and Aircraft

Operations to suppress illicit traffic, and to prevent and

combat the unsafe transport of migrants and the smuggling

of migrants, pursuant to this Agreement shall be carried

out only against suspect vessels and aircraft, including

vessels without nationality and vessels assimilated to

vessels without nationality.

Article 5

Shiprider Program

1. The Bahamas Shiprider Coordinator shall, in appropriate

circumstances, designate shipriders who, on behalf of

the Government of the Commonwealth of The Bahamas, and

in accordance with Bahamian law, shall be empowered to
grant the U.S. law enforcement vessels and aircraft on

which they are embarked, authority to:

a. enter Bahamian territory, waters, and airspace to

assist law enforcement officials of The Bahamas to

board and search suspect vessels, and if evidence is

found of violations of Bahamian law, to assist the

shiprider in carrying out the disposition

instructions of Bahamian law enforcement authorities

in respect of the vessel, cargo, and persons on

board.

b. assist the shiprider in boarding and searching

suspect Bahamian flagged vessels located seaward of

any nation's territorial sea and within 200 nautical

miles from the baselines from which the territorial

sea of The Bahamas is measured, and if evidence of

violations of Bahamian law is found, to assist the

shiprider in carrying out the disposition

instructions of Bahamian law enforcement authorities

in respect of the vessel, cargo, and persons on

board. In cases arising under this subparagraph in

which a suspect vessel claiming nationality in the

Bahamas is not flying the flag of The Bahamas, not

displaying any marks of its registration or

nationality, and claiming to have no documentation

on board the vessel, United States law enforcement

officials may proceed in accordance with Article 9

unless and until the Government of The Bahamas

confirms the suspect vessel's right to Bahamian

nationality, in which case the Bahamian shiprider

shall thereafter have the right to exercise primary

jurisdiction over the boarding.

2 Law enforcement officials of the United States may

assist Bahamian shipriders conducting operations

pursuant to this Article if expressly requested to do so

by the shiprider, and only within the limits of such

request and in the manner requested. Such request may

only be made, agreed to, and acted upon in accordance

with the laws and policies of both Parties.

Article 6

Operations in the Territory, Waters, and Airspace of The

Bahamas
1. The Government of the United States of America shall not

conduct maritime law enforcement operations in Bahamian

territory, waters, or airspace without the permission of

the Government of the Commonwealth of The Bahamas, granted

by this Agreement or by other agreements or arrangements.

2. This Agreement constitutes permission by the Government

of the Commonwealth of The Bahamas for U.S. law enforcement

officials to carry out the following operations without an

embarked Bahamian shiprider. Such operations may be

conducted in Bahamian waters and airspace seaward of three

nautical miles from the low-water line along the Bahamian

coast, or in the case of islands having fringing reefs,

seaward from the seaward low-water line of the reefs.

a. U.S. law enforcement vessels and aircraft continue

law enforcement patrols to carry out the purpose and

scope of this Agreement and to exercise jurisdiction

over non-Bahamian flag vessels as provided for in

subparagraph 2(b) of this Article.

b. Where law enforcement patrols are conducted pursuant

to this Article, U.S. law enforcement officials may

stop, board, search, and detain non-Bahamian flag

vessels, but if any violations cognizable under this

agreement are discovered shall request and await

expeditious disposition instructions from the

Government of the Commonwealth of The Bahamas, except

in cases of vessels claiming nationality in the United

States. In any case (except those involving U.S.

nationals, including non-Bahamian U.S. Resident Aliens

and Parolees), nationals of The Bahamas or of third

States, and vessels registered in The Bahamas or in

third States, are not to be removed from the waters of

The Bahamas without the express authorization of the

Government of The Bahamas.

c. When operating pursuant to this Article, U.S. law

enforcement officials may stop, board, and search

suspect vessels making no claim of nationality, not

displaying any marks of registration or nationality,

and claiming to have no documentation on board the

vessel, in accordance with the provisions of

subparagraph 2(b) of this Article.
d. Boardings of suspect vessels encountered by U.S. law

enforcement vessels pursuant to operations under this

Article and claiming nationality in The Bahamas shall

be conducted in accordance with the process described

in Article 8 of this Agreement and shall be subject to

the conditions described in subparagraph 2(b) of this

Article.

3. This Agreement also constitutes permission by the

Government of the Commonwealth of The Bahamas for U.S.

Coast Guard vessels and aircraft to enter, overfly, and

land, as appropriate, in Bahamian territory, waters, and

airspace to investigate the presence of persons on

Bahamian territory that is normally uninhabited or of

persons seeking to attract attention on territory that

is normally uninhabited or of persons seeking to attract

attention on territory that, although not entirely

uninhabited, does not usually contain such persons.

a. Before entering without a Bahamian shiprider

landward of the waters described in paragraph 2 of

this Article to investigate the presence of persons

described in paragraph 3 of this Article, U.S. Coast

Guard vessels and aircraft shall notify Bahamian law

enforcement authorities regarding their intention to

enter and investigate in accordance with paragraph 4

of this Article.

b. If U.S. Coast Guard vessels or aircraft enter

Bahamian territory and find that the persons there

are mariners in distress, U.S. Coast Guard officials

may take action to ensure the safety of such persons

and their property including removing them to a safe

location within The Bahamas or otherwise as may be

agreed between Bahamian and U.S. law enforcement

authorities.

c. If U.S. Coast Guard officials find that the persons

there are not mariners in distress, but suspect they

may pose an imminent threat to Bahamian sovereignty,

U.S. Coast Guard officials may take any necessary

action to preserve Bahamian sovereignty, and shall

inform Bahamian law enforcement authorities. Such

persons are not to be removed from Bahamian

territory without express authorization from the

Government of the Commonwealth of The Bahamas.
d. In all cases pursuant to this paragraph, U.S. Coast

Guard officials shall notify Bahamian law

enforcement authorities of their actions and

findings as soon as practicable in accordance with

paragraph 4 of this Article.

4 The United States shall provide prior notice to Bahamian

law enforcement authorities of action to be taken under

paragraph 3 of this Article, unless not operationally

feasible to do so. In any case, notice of the action

shall be provided to Bahamian law enforcement

authorities without delay. If the Government of the

Commonwealth of the Bahamas has reason for not wishing

United States law enforcement officials to enter

landward of the waters described in paragraph 2 of this

Article, it will so inform the United State law

enforcement authority, which shall respect its wishes.

5. Except as otherwise provided in this Agreement, U.S. law

enforcement vessels and aircraft shall not enter

Bahamian waters and airspace landward of the area where

patrol operations are authorized pursuant to paragraph 2

of this Article to pursue or investigate suspect vessels

or aircraft without the express authorization of

Bahamian law enforcement authorities, which may be

sought by the United States law enforcement authorities

on a case-by-case basis.

6 Pursuant to Article 51 of the 1982 Law of the Sea

Convention, the Parties agree that the terms of this

Agreement under which law enforcement officials of the

Government of the United States are permitted to operate

within waters under the sovereignty of the Government of

the Commonwealth of The Bahamas shall continue to apply

in the event the Government of the Commonwealth of The

Bahamas draws and deposits straight archipelagic

baselines in accordance with Articles 47 and 49 of the

1982 Law of the Sea Convention.

Article 7

Overflight Operations and Procedures

1. The Government of the Commonwealth of The Bahamas shall

permit U.S. law enforcement aircraft to overfly its
territory and waters to carry out the purposes of this

Agreement.

2. The U.S. Government shall, in the interest of flight

safety, observe the following procedures for facilitating

overflight in Bahamian airspace by U.S. law enforcement

aircraft:

a. In the event of planned bilateral or multilateral

law enforcement operations, the U.S. Government shall

provide reasonable notice, communications channels, and a

flight plan to the appropriate Bahamian aviation authority

of planned flights by its aircraft over Bahamian territory

or waters.

b. In the event of unplanned operations, which may

include the pursuit of suspect aircraft into Bahamian

airspace pursuant to this Agreement, the law enforcement

and appropriate aviation authorities of the Parties shall

exchange information concerning the appropriate

communications channels and other information pertinent to

flight safety.

c. Any aircraft engaged in law enforcement operations

or operations in support of law enforcement activities in

accordance with this Agreement shall comply with such air

navigation and flight safety rules as may be required by

Bahamian aviation authorities, and with any written

operating procedures developed for flight operations within

its airspace under this Agreement.

Article 8

Verification of Nationality

1. Whenever the law enforcement officials of one Party

("the requesting Party") encounter seaward of any State's

territorial sea and within 200 nautical miles from the

baselines from which the territorial sea of The Bahamas is

measured a suspect vessel claiming nationality in the other

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

request that the law enforcement authority of the requested

Party:

a. confirm the claim of nationality of the requested

Party; and
b. if such claim is confirmed, the requested Party

may:

i. authorize the boarding and search of the suspect

vessel, cargo and the persons found on board by law

enforcement officials of the requesting Party; and

ii. if evidence of illicit traffic, the unsafe

transport of migrants, or the smuggling of migrants 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 10 of this

Agreement.

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

contain the name of the suspect vessel, the basis for the

suspicion, the geographic position of the vessel, the

registration or IMO number (if available), home port, 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 as

soon as possible.

3. A requested Party shall make best efforts to respond to

requests pursuant to this Article as expeditiously as

possible, and in any case shall confirm or refute the claim

of nationality within four (4) hours of the initial

request.

Article 9

Other Operations in International Waters

1. This Agreement authorizes the law enforcement officials

of one Party ("the first Party") to board suspect vessels

located seaward of either Party's territorial sea 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 provisions of Article 8 apply. If no

documentation or other physical evidence of nationality is

available, the boarding Party may assimilate the vessel to
a ship without nationality in accordance with international

law.

2. Except as expressly provided herein, this Agreement does

not apply to or limit boardings of any vessel, conducted by

either Party in accordance with international law, seaward

of any State's territorial sea, whether based, inter alia,

on the right of visit, the rendering of assistance to

persons, vessels, and property in distress or peril, or an

authorization from the flag or coastal State to take law

enforcement action.

Article 10

Jurisdiction over Detained Vessels

1. In all cases arising in the waters, airspace, or

territory of a Party, or seaward of any Party's territorial

sea in respect of a vessel having the nationality of a

Party, or in international airspace in respect of an

aircraft registered under its laws, that Party has

jurisdiction over a detained aircraft, vessel, cargo, and

persons on board, including seizure, forfeiture, arrest,

and prosecution, provided, however, that the United States

shall have jurisdiction over any vessel claiming

nationality in the United States and boarded by U.S. law

enforcement officials in the waters described in paragraph

2 of Article 6, subject to the limitations expressed in

subparagraph 2(b) of Article 6. Subject to its Constitution

and its laws, the Party with primary jurisdiction may

consent to the exercise of jurisdiction by the other Party

in accordance with international law and in conformity with

any condition set by the Party—consenting to the exercise

of jurisdiction.

2. In cases arising in the contiguous zone claimed by a

Party, where applicable, not involving suspect vessels

fleeing from the waters 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 which conducts the boarding and search

shall have the right to exercise jurisdiction.

3. Instructions as to the exercise of jurisdiction pursuant

to paragraph 1 of this Article shall be given without

delay.
4. A Party's consent to the exercise 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 diplomatic authorities, without

prejudice to the immediate exercise of jurisdiction over

the suspect vessel by the other Party.

5. Each Party agrees to permit the return of seaworthy

vessels subject to its jurisdiction and, in accordance with

paragraphs 4 and 5 of Article 11 of this Agreement, prevent

any such vessel from again engaging in illicit traffic, the

unsafe transport of migrants, or the smuggling of migrants.

6. Consistent with subparagraphs (d) and (e) of paragraph 2

of Article 15 of this Agreement, and in accordance with

their respective Constitutions and laws, either Party may

destroy any vessel subject to its jurisdiction that it

deems to be unseaworthy and/or a hazard to navigation.

7. Each Party shall ensure compliance with its notification

obligations under the Vienna Convention on Consular

Relations.

Article 11

Special Procedures for Cases Involving

the Unsafe Transport of Migrants by Sea and

the Smuggling of Migrants

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

vessel 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 the Commonwealth of The Bahamas agrees, upon

prior notification, to facilitate and accept without undue

or unreasonable delay the return pursuant to this Agreement
and Article 18 of the Palermo Protocol of migrants, having

Bahamian 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 The Bahamas or operated by Bahamian

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 of migrants

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 of the IMO.

Article 12

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 or aircraft 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

traffic, the unsafe transport of migrants, or the smuggling

of migrants was found.

Article 13

Specialized Assistance
The law enforcement authority of one Party (the "first

Party") may request, and the law enforcement authority of

the other Party may authorize, law enforcement officials of

the other Party to provide specialized assistance, such as

in the conduct of search of suspect vessels, to law

enforcement officials of the first Party for the boarding

and search of suspect vessels located in the territory or

waters of the first Party.

Article 14

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 of the 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 and

other logistics and purposes related to this Agreement;

b. entry of additional law enforcement officials of

the 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 reporting or notifying obligations 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 accordance with international norms 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 law enforcement officials of

the other Party, including additional law enforcement

officials.
2. The Government of the Commonwealth of The Bahamas 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 Bahamian

nationals, from suspect vessels escorted by U.S. law

enforcement officials through and exiting out of Bahamian

territory; and

b. U.S. law enforcement aircraft and other aircraft

under contract or in the service of the United States to

disembark, embark and depart out of Bahamian territory with

persons, including migrants, other than Bahamian nationals,

from suspect vessels.

3. The movement of U.S. law enforcement vessels and

aircraft in Bahamian waters and airspace, and the use by

them of Bahamian ports, harbours and airfields shall not be

subject to any Bahamian taxes, fees or other charges,

provided that reasonable amounts shall be paid for services

and materials requested and received in connection with the

use of Bahamian ports, harbours and airfields.

Article 15

Conduct of Law Enforcement Officials

1. Each Party shall ensure that its law enforcement

officials, when conducting boardings and searches pursuant

to this Agreement, act in accordance with its applicable

national laws and policies and with international law and

accepted international practices.

2. Boarding and Search Teams shall be guided by the

following procedures in the conduct of operations:

a. Law enforcement officials from law enforcement

vessels or aircraft shall carry out boardings and searches

pursuant to this Agreement.

b. The boarding and search teams may operate from law

enforcement vessels or aircraft of the Parties.

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, or to prejudice the

commercial and legal interests of the flag State or any

other interested State. Such officials shall also bear in

mind the need to observe norms of courtesy, respect and

consideration for the persons on board the suspect vessel.

e. When taking action with regard to a vessel found to

be engaging in illicit traffic, the unsafe transport of

migrants, or the smuggling of migrants, the Party concerned

shall also ensure the safety and the humanitarian handling

of the persons on board and that any actions taken with

regard to the vessel are, within available means,

environmentally sound.

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.

Article 16

Use of Force

1. Force may only be used if no other feasible means of

resolving the situation can be applied.

2. Any force used shall be proportional to the objective

for which it is employed.

3. All use of force pursuant to this Agreement shall in all

cases be the minimum reasonably necessary under the

circumstances.

4. A warning shall be issued prior to any use of force

except when force is being used in self-defence.

5. In the event that the use of force is authorized and

necessary in the waters of a Party, law enforcement

officials shall respect the laws of that Party.

6. In the event that the use of force is authorized and

necessary during a boarding and search seaward of the

territorial sea of any Party, the law enforcement officials

shall comply with their domestic laws and procedures and

the directions of the flag State.
7. When stopping a suspect vessel pursuant to this

Agreement that fails to comply with an appropriate order to

stop, the law enforcement vessel or aircraft shall first

give an auditory or visual signal to stop, using

internationally recognized signals. Where this does not

succeed, a variety of actions may be taken, including the

firing of shots across the bow of the suspect vessel. It

is only after these appropriate actions fail that the

pursuing law enforcement vessel or aircraft may use

disabling fire. When employing disabling fire, the law

enforcement vessel or aircraft shall issue an appropriate

warning to the suspect vessel and all reasonable efforts

shall be made to ensure that life is not endangered.

8. The discharge of firearms against or on a suspect vessel

shall be reported as soon as practicable to the flag State

Party.

9. Parties shall not use force against civil aircraft in

flight.

10. The use of force in reprisal or as punishment is

prohibited.

11. Nothing in this Agreement shall impair the exercise of

the inherent right of self-defence by law enforcement or

other officials of any Party.

Article 17

Exchange of Laws and Policies of Each Party

1. To facilitate implementation of this Agreement, each

Party shall ensure the other Party is fully informed of its

respective applicable laws and policies, particularly those

pertaining to the use of force and the determination of the

status of migrants.

2. Each Party shall ensure that all of its officials

operating pursuant to this Agreement are informed

concerning the applicable laws and policies of both

Parties.

Article 18

Points of Contact
1. Each Party shall identify to the other Party, and keep

current, the points of contact for shiprider coordination

under Article 5, disposition and jurisdiction instructions

under Articles 6 and 10, notification and exchange of

information concerning overflight under Article 7, requests

for verification, boarding, and search under Article 8,

migrant processing procedures under Article 11,

notification of results under Article 12, requests for

specialized assistance under Article 13 and requests for

international maritime interdiction support under Article

14 of this Agreement.

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.

Article 19

Disposition of Seized Property

1. Assets seized, confiscated, or forfeited in consequence

of any law enforcement operation undertaken in the waters

or airspace 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 United

States and boarded by United States law enforcement

officials pursuant to paragraph 2 of Article 6 shall be

disposed of in accordance with the laws of the United

States.

2. Where the flag State Party consents to the exercise of

jurisdiction by the other Party pursuant to Article 10(1),

assets seized, confiscated, or forfeited in consequence of

any law enforcement operation shall be disposed of in

accordance with the laws of the Party in whose favour

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.