TREATIES AND OTHER INTERNATIONAL ACTS SERIES 01-822 

________________________________________________________________________ 

NARCOTIC DRUGS 

 Agreement between the 

UNITED STATES OF AMERICA 

and JAMAICA 

Signed at Kingston August 22, 2001 

 with 

 

Exchange of Letters 

 
 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.” 
JAMAICA 

Narcotic Drugs 

 Agreement signed at Kingston August 22, 2001; 

 Entered into force August 22, 2001. 

 With exchange of letters. 
Agreement Between the Government of . the United States 

of America and the Government of Jamaica Regarding the

Sharing of Forfeited Assets or the Proceeds of 

Disposition , of Such Assets 

The Government of the United Stat,as of America and the

Government of Jamaica, hereinafter referred tq as "the parties";

considering the commitment of the parties to cpoperate on the

basis of the treaty on mutual legal assistance in criminal

matters between the Government of the United States of America

and the Government of Jamaica, which was signed on July 7, 1989

and entered into force on July 25, 1995, as well as the

agreement between the Government of the United'States of America

and the Government of Jamaica concerning cooperation in

suppressing illicit maritime drug trafficking, which was signed

on May 6, 1997 and entered into force on March 10, 1998, and the

United Nations Convention Against Illicit Traffic in Narcotic

Drugs and Psychotropic Substances, opened for signature at

Vienna from December 20, 1988, hereinafter referred to as "The

1998 Convention";

Desiring to improve the effectiveness of law enforcement in both

countries in the investigation, prosecution and suppression of

crime and in the tracing, freezing, seizure, or forfeiture or

confiscation of assets related to crime; and desiring also to

create a framework for sharing the proceeds of the disposition

of such assets;

Have agreed as follows:

1. For the purpose of this agreement:

(a) For Jamaica, "forfeiture or confiscation shall mean the

forfeiture or confiscation of assets or any payment ordered in

place of such forfeiture or confiscation or made pursuant to a

pecuniary penalty order under a law providing for such

forfeiture, confiscation or payment, and for the United States

of America, "forfeiture shall mean any action under national law

resulting in the final forfeiture of assets of any description

related to, or proceeding from, crime or a sum which amounts to

the value of such assets;

(b) "Cooperation" shall mean any assistance, including

intelligence and operational assistance or legal and judicial

assistance which has been given to one Party by the other Party
and which has led to, or significantly facilitated, the

forfeiture or confiscation of assets.

2. Asset sharing under this Agreement is not limited to

forfeited proceeds from drug trafficking offenses as set out in

Article 3 of the 1988 Convention.

3. Where the Requesting Party has brought to the attention of

the Requested Party its cooperationin an investigation or.

proceeding that led, or is expected to lead, to a forfeiture,

confiscation or the payment of funds equivalent to a forfeiture,

the Requested Party may, consistent with.its domestic laws and

in accordance with Paragraph 5(a) of this Agreement, share the

net proceeds with the Requesting Party.

4. The Requesting Party shall set out the circumstances which

have led to the request for asset sharing and include details

which will enable the Requested Party to identify the assets,

property owner(s), case reference and agency involved.

5. (a) The Requested Party shall determine, at its discretion

and in accordance with the its domestic law, the amount of the

forfeited or confiscated assets to be shared on the basis of its

assessment of the cooperation rendered by the Requesting Party

in relation to the forfeiture of the assets. The Requested

Party shall not be obliged to share where the value of the

realized assets or the assistance rendered by the Requesting

Party is de minimis;

(b) The Requested Party may recover its costs relating to

the forfeiture or confiscation proceedings, before determining

the assets to be shared.

6. The Requested Party may place conditions in respect of the

use of amounts paid where it deems this to be appropriate or

make any payments conditional on the Requesting Party sharing

them with another government organization.

7. Payments under this agreement shall be in the currency of

the Requested Party unless other arrangements are agreed to by

the parties. Payments to Jamaica shall be made to the Permanent

Secretary in the Ministry of National Security and Justice and

sent to the Director, Security and Narcotics Division, Ministry

of National Security and Justice.

8. When property is transferred under this Agreement, the

Transferring Party will relinquish all right, title and interest

2
with respect to any such property transferred in favor of the

other Party and will assume no liability or responsibility for

the property once it has been transferred.

9. The central authorities responsible for matters concerning

implementation of this agreement shall be as provided in Article

3 of the Mutual Legal Assistance Treaty. In addition, where

appropriate, the Government of Jamaica may transmit requests for

asset sharing directly to the pertinent component agency of the

United States Department of Justice or the United States

Department of the Treasury. The United States of America may

transmit requests for asset sharing to the Director, Security

and Narcotics Division, Ministry of National Security and

Justice.

10. Each Party shall notify the other of any change regarding

the authorities identified in paragraphs 7 and 9.

11. This Agreement shall enter into force upon signature.

12. Either Party may terminate this agreement at any time, by

giving written notice to the other Party. Termination shall

become effective six months after receipt of the notification.

Done at Kingston, Jamaica,

This Twenty-second day of August, Two Thousand One.

For the Government of

Jamaica

For the Government of the

United States of !America

K.D. Knight Richard H. Smyth

Minister of Nation (l security Charge d'Affaires, a.i.

and Justice

3
EMBASSY OF THE

UNITED STATES OF AMERICA

Kingston, Jamaica

August 22, 2001

Dear Minister Knight:

I refer to the Treaty on Mutual Legal Assistance in Criminal

Matters Between the Government of the United States America and

the Government of Jamaica, which was signed on July 7, 1989, and

entered into force on July 25, 1995, as well as the Agreement

Regarding the Sharing of Forfeited Assets or the Proceeds of

Disposition of Such Assets signed at Kingston, Jamaica on August

22, 2001, and propose the following arrangements between our two

Governments with respect to the implementation of Paragraph 6 of

the sharing agreement.

Paragraph 6 provides that "[u]pon such terms as may be

agreed, the requested party may place conditions in respect of

the use of amounts paid where it deems this to be appropriate or

make any payments conditional on the requesting party sharing

them with another government organization."

We recognize that the laws of Jamaica, as do the laws of the

United States, address the purposes for which forfeited assets

can be used. The language of paragraph 6 of the sharing

agreement does not seek to usurp the authority of the Minister of

National Security and Justice for Jamaica pursuant to Section

5(3)(b) of the March 1999 Sharing of Forfeited Property Act (No.

6-1999) to direct that forfeited assets be used for health,

education, and national security activities. The use of shared

forfeited assets or proceeds will be governed by applicable

provisions of each party's internal laws. However, paragraph 6

contemplates that there may be occasions where it is appropriate

to allocate such assets for law enforcement purposes. We

appreciate that "national security" under the applicable laws of

Jamaica does encompass any activity connected with law

enforcement. Paragraph 6 does not permit either party to impose

conditions unilaterally upon the other party regarding the use of

The Honorable

K.D. Knight

Minister of National Security and Justice
forfeited proceeds. Where it deems it appropriate to invoke

paragraph 6 of the sharing agreement, the Government of the

United States commits that any conditions placed on the use of

forfeited proceeds or property it transfers to the Government of

Jamaica will be done in consultation with and with the agreement

of the Minister of National Security and Justice of Jamaica so

that the objectives of the internal laws of both parties can be

achieved.

If the arrangements set out above are acceptable to your

Government, I would ask that you reply in writing and propose

that these two letters constitute the understanding of our two

Governments on this matter, which will come into force on the

date of your reply.

Sincerely,

Richard H. Smyth

Charge d'Affaires, a.i.
Sincerely,

IC-'`\}/ K. D. Knight

Minister of National Security

and Justice

MINISTRY OF NATIONAL SECURITY AND JUSTICE

TELEPHONE: 906-4908-24 MUTUAL LIFE BUILDING,

NO. C505/S8v NORTH TOWER,

2 OXFORD ROAD,

KINGSTON 5,

JAMAICA.

August 22, 2001

Mr. Richard H. Smyth

Charge d'Affaires, a.i.

Embassy of the United States of America

2 Oxford Road

Kingston

Jamaica

Dear Mr. Smyth:

I refer to your letter of today's date, in which you

describe the arrangements set out to satisfy both U.S. and

Jamaican domestic laws concerning the use of shared forfeited

assets, and specifically with regard to paragraph 6 of the

Agreement Regarding the Sharing of Forfeited Assets or of the

Proceeds of Disposition of Such Assets. I write to you to concur

with the arrangements set out in your letter, thereby

constituting an understanding of our two Governments on this

matter. I recognize that this understanding will enter into

force on the date of this reply.