TREATIES AND OTHER INTERNATIONAL ACTS SERIES 07-1108 

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MARITIME INTERDICTION 

 Agreement between 

the UNITED STATES OF AMERICA 

and the COOK ISLANDS 

Signed at Rarotonga November 8, 2007 

 
 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.” 
COOK ISLANDS 

Maritime Interdiction 

Agreement signed at Rarotonga November 8, 2007; 

 Entered into force November 8, 2007. 
AGREEMENT

BETWEEN

THE GOVERNMENT OF

THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF

THE COOK ISLANDS

CONCERNING

COOPERATION TO SUPPRESS ILLICIT TRAFFIC IN

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

BY SEA

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

Cook Islands (hereinafter, "the Parties");

Bearing in mind the special nature of the problem of illicit maritime drug

traffic;

Having regard to the urgent need for international cooperation in suppressing

illicit maritime drug traffic, which is recognized in the 1988 United Nations

Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic

Substances (hereafter, "the 1988 Convention"), and in the 1982 United Nations

Convention on the Law of the Sea; and

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

Parties shall consider entering into bilateral and regional agreements to carry

out, or to enhance the effectiveness of, the provisions of Article 17;

Desiring to promote greater cooperation between the Parties, and thereby

enhance their effectiveness, in combating illicit traffic in narcotic drugs and

psychotropic substances by sea;

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

Purpose and Scope

The Parties shall cooperate in combating illicit traffic by sea in narcotic drugs

and psychotropic substances to the fullest extent possible, in conformity with

international law, consistent with available law enforcement resources and

priorities related thereto.

Article 2

Definitions •

For the purposes of this Agreement, unless the context otherwise requires:

(a) "illicit traffic" has the same meaning as in Article 1(m) of the 1988

Convention.

(b) "international waters" means waters, including the contiguous zone,

seaward of any State's territorial sea.

(c) "contiguous zone" has the same meaning as in Article 33 of the Law

of the Sea Convention.

(d) "suspect vessel" means a vessel, claiming the nationality of one of the

Parties, used for commercial or private purposes in respect of which there

are reasonable grounds to suspect it is engaged in illicit traffic in narcotic

drugs and psychotropic substances.

Article 3

Suspect Vessels

Operations to suppress illicit traffic in narcotic drugs and psychotropic

substances pursuant to this Agreement shall be carried out only against suspect

vessels and vessels without nationality.
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Article 4

Operations in and over National Waters

- This Agreement does not authorize the conduct of operations to suppress illicit

traffic in narcotic drugs or psychotropic substances by one Party in and over the

territorial sea or internal waters of the other Party.

Article 5

Operations in International Waters

• 1. Whenever U.S. Coast Guard officials encounter a vessel claiming Cook

Islands nationality, located seaward of any nation's territorial sea and suspected

of illicit traffic, by this Agreement the Government of the Cook Islands

authorizes the U.S. Coast Guard to board and search the suspect vessel and the

persons found on board by such officials. If evidence of illicit traffic is found,

U.S. Coast Guard officials may detain the vessel and persons on board pending

expeditious verification of the vessel's Cook Islands nationality, and if

nationality is confirmed, disposition instructions from the Government of the

Cook Islands.

2. Except as expressly provided herein, this Agreement does not apply to or

limit boarding of vessels, conducted by either Party in accordance with

international law in international waters, whether based, inter alia, on the right

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

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

to take law enforcement or other action.

Article 6

Jurisdiction over Detained Vessels

1. Except as otherwise provided in this article, in all cases concerning Cook

Islands flag vessels arising under this Agreement, the Government of the Cook

Islands shall have the primary right to exercise jurisdiction over a detained

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

prosecution), provided, however, that the Government of the Cook Islands may,

subject to its Constitution and laws, waive its primary right to exercise

jurisdiction and authorize the enforcement of United States law against the
vessel and/or persons on board. Instructions as to the exercise of jurisdiction

pursuant to this Agreement shall be given without delay.

In cases arising in the contiguous zone of a Party, not involving suspect

vessels fleeing from the waters of that Party or suspect vessels flying the flag of

or registered in 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.

Article 7

•

Points of Contact

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

contact for communicating with its national authorities competent to receive and

act at any time on requests for instructions as to the exercise of jurisdiction

under Article 6, and to receive and act on notifications under Article 8, in

addition to any other communication necessary for the implementation of this

Agreement.

Article 8

Notification of Results of Shipboardings and Actions Taken

1. The U.S. Coast Guard shall promptly, and in any case not later than 24

411 hours, notify the Cook Islands Police of the results of any boarding and search

of a Cook Islands vessel conducted pursuant to this Agreement.

2. Each Party, consistent with its procedures, shall report in a timely manner

at least every month to 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 was found.

Article 9

Conduct of Boardings and Searches

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

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

particularly those pertaining to the use of force. Each Party has the
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corresponding responsibility to ensure that all of its officials engaging in law

enforcement operations pursuant to this Agreement are knowledgeable

concerning the applicable laws and policies of both Parties.

2. Boardings and searches pursuant to this Agreement shall be carried out

by uniformed officials from ships (including any boat or aircraft embarked on

such ships) or aircraft clearly marked and identified as being on Government

service and authorized to that effect. The boarding and search team may carry

standard law enforcement arms and equipment.

3. While carrying out boarding and search activities pursuant to this

Agreement, the Parties shall take due account of the need not to endanger the

• safety of life at sea, the safety and 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; shall ensure that all persons on board are treated in a manner

which preserves their basic human dignity, and in compliance with the

applicable provisions of international law, including international human rights

law; shall ensure, within available means, that any measure taken with regard to

the vessel or its cargo is environmentally sound under the circumstances; and

take reasonable efforts to avoid the vessel being unduly detained or delayed.

Taking into account the dangers and difficulties involved in boarding a ship at

sea and searching its cargo, and the U.S. Coast Guard may take appropriate

measures, including diverting a suspect vessel to port, if necessary to complete

boarding operations safely.

•

4. When carrying out the authorized actions under this Agreement, the use

of force shall be avoided except when necessary to ensure the safety of its

officials and persons on board, or where the officials are obstructed in the

execution of authorized actions. Any use of force by a Party pursuant to this

Agreement shall be in strict accordance with applicable laws and policies of that

Party and shall not exceed the minimum degree of force which is necessary and

reasonable in the circumstances. Nothing in this Agreement shall impair the

exercise of the inherent right of self-defense by officials of the Parties.
Article 10

Disposal of Seized Property

1. Assets seized in consequence of any operation undertaken pursuant to this

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

exercising jurisdiction in accordance with Article 6 of this Agreement.

2 The seizing Party may transfer in accordance with its laws forfeited assets

or proceeds of their sale to the flag State Party after deducting therefrom all

expenses directly and reasonably connected with the seizure and disposal and

any share thereof which any Party may in accordance with its legislation be

entitled to.

Article 11

Consultations and Dispute Settlement

1. In case a question arises in connection with implementation of this

Agreement, either Party may request consultations with the other Party to

resolve the matter.

2. The Parties undertake to settle by consultation any disputes that arise

from the implementation of this Agreement.

Article 12

Claims

1. Any claim for damages, injury or loss resulting from an operation carried

out under this Agreement shall be examined by the Party whose authorities

conducted the operation.

2. If responsibility is established, the claim shall be resolved in favor of the

claimant by that Party, in accordance with the domestic law of that Party, and in

a manner consistent with international law, including paragraph 3 of Article 110

of the Law of the Sea Convention.

3. Neither Party thereby waives any rights it may have under international

law to raise a claim with the other Party through diplomatic channels.
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Article 13

Miscellaneous Provisions

Nothing in this Agreement:

(a) precludes the Parties from otherwise agreeing on operations or other

forms of cooperation to suppress illicit traffic;

(b) is intended to alter the rights and privileges due any individual in any

legal proceeding;

(c) shall be construed as creating any private right of action for any

individual or entity;

(d) prejudices in any manner the positions of either Party regarding the

international law of the sea.

Article 14

Entry into Force and Duration

This Agreement shall enter into force upon signature. This Agreement may be

terminated at any time by either Party upon written notification to the other

Party through the diplomatic channel. Such termination shall take effect 90

days from the date of notification.

Article 15

Continuation of Actions Taken

This Agreement shall continue to apply after termination with respect to any

administrative or judicial proceedings arising out of actions taken pursuant to

this Agreement.