TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-1011 

________________________________________________________________________ 

MARITIME INTERDICTION 

 Agreement Between the 

UNITED STATES OF AMERICA 

and CANADA 

Signed at Detroit May 26, 2009 

 
 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.” 
CANADA 

Maritime Interdiction 

 Agreement signed at Detroit May 26, 2009; 

 Entered into force October 11, 2012. 
FRAMEWORK AGREEMENT

ON

INTEGRATED CROSS-BORDER MARITIME

LAW ENFORCEMENT OPERATIONS

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF CANADA

PREAMBLE

'ME GOVERNMENT OF THE UNITED STATES OF AMERICA and THE

GOVERNMENT OF CANADA (hereinafter "the Parties");

CONSIDERING that it is in the common interest of both countries to enhance

their border co-operation;

RECOGNISING the principle of sovereignty of states;

RECOGNISING the importance of respecting fundamental rights and freedoms

notably privacy;

COMMITTED to the prevention, detection, suppression, investigation, and prosecution of any criminal offence or violation of law related to border enforcement

including, but not limited to, the illicit drug trade, migrant smuggling, trafficking

of firearms, the smuggling of counterfeit goods and money, and terrorism;

DESIRING Integrated Cross-Border Maritime Law Enforcement operations to be

intelligence-driven, based on joint United States-Canada threat and risk assessment

and coordinated with existing cooperative cross-border policing programs and

activities;

RECALLING their continuing cooperation and record of successful partnership in

pursuing seamless law enforcement operations at their shared border; and

COGNISANT of the reciprocal nature of this Agreement;

HAVE AGREED as follows:
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ARTICLE 1

Purpose of the Agreement

The purpose of this Agreement is to provide the Parties additional means in shared

waterways to prevent, detect, suppress, investigate, and prosecute criminal offences or violations of law including, but not limited to, illicit drug trade, migrant

smuggling, trafficking of firearms, the smuggling of counterfeit goods and money,

and terrorism.

ARTICLE 2

Definitions

1. "Designated cross-border maritime law enforcement officer" means:

an individual designated or appointed pursuant to Article 6.

2. "Host country" means: the Party in whose territory an activity in the

context of integrated cross-border maritime law enforcement operations is

taking place.

3. "Integrated cross-border maritime law enforcement operation" means:

the deployment of a vessel crewed jointly by designated cross-border

maritime law enforcement officers from the United States and Canada for

law enforcement or related purposes in shared waterways.

4. "Participating agency" means: an agency directly participating in

integrated cross-border maritime law enforcement operations.

5. "Shared waterways" means: undisputed areas of the sea or internal waters

along the international boundary between the United States and Canada.
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ARTICLE 3

Scope of Integrated Cross-Border Maritime Law

Enforcement Operations

1. Integrated cross-border maritime law enforcement operations shall only take

place in shared waterways except as otherwise provided by this Article.

2. Designated cross-border maritime law enforcement officers shall only

enforce the domestic laws of the host country within which they find

themselves as directed by a designated cross-border maritime law

enforcement officer of the host country.

3. In urgent and exceptional circumstances designated cross-border maritime

law enforcement officers may continue activities undertaken in the course of

an integrated cross-border maritime law enforcement operation on land

adjacent to shared waterways.

4. For the purposes of this Article, urgent and exceptional circumstances

include circumstances in which a designated cross-border maritime law

enforcement officer has reasonable grounds to suspect that the continuation

of the activities undertaken in the course of integrated cross-border maritime

law enforcement operations on land adjacent to shared waterways is

necessary to prevent:

(a) imminent bodily harm or death to any person;

(b) the immediate and unlawful flight of persons liable to detention or

arrest; or

(c) the imminent loss or imminent destruction of evidence.

5. In all instances where designated cross-border maritime law enforcement

officers continue activities on land adjacent to shared waterways they shall

notify the appropriate host country law enforcement authorities as soon as

operationally practicable.
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ARTICLE 4

Direction of Integrated Cross-Border Maritime Law

Enforcement Operations

Integrated cross-border maritime law enforcement operations shall only be carried

out as directed by a designated cross-border maritime law enforcement officer of

the host country.

ARTICLE 5

Central Authorities

The Parties designate the following central authorities to co-ordinate the

implementation of this Agreement:

(a) The Government of Canada designates the Commissioner of the

Royal Canadian Mounted Police or his or her designate as its Central

Authority.

(b) The Government of the United States designates the Commandant of

the United States Coast Guard or his or her designate as its Central

Authority.

A Party may change the designated Central Authority upon written

notification thereof to the other Party.

ARTICLE 6

Designation

The Central Authority for the United States may appoint or arrange for the

appointment of an individual as a designated cross-border maritime law

enforcement officer who is a:

(a) member of the Royal Canadian Mounted Police; or
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(b) police officer appointed or employed under the law of a province of

Canada and who has:

(i) been recommended for appointment by the Central Authority

for Canada; and

(ii) satisfactorily completed all the required training for

appointment as a designated cross-border maritime law

enforcement officer in accordance with Article 7(1Xa).

2. The Central Authority for the United States may appoint or arrange for the

appointment of an individual as a designated cross-border maritime law

enforcement officer who is a pilot, co-pilot, observer or other member of the

crew of an aircraft operated by the Royal Canadian Mounted Police or a

police service established under the law of a province of Canada providing

aerial support to an integrated cross-border maritime law enforcement

operation who has:

(a) been recommended for appointment by the Central Authority for

Canada; and

(b) satisfactorily completed all the required training for appointment as a

designated cross-border maritime law enforcement officer in

accordance with Article 7(1Xb).

3. The Central Authority for Canada may appoint an individual as a designated

cross-border maritime law enforcement officer who is:

(a) a commissioned, warrant, or petty officer of the United States Coast

Guard; or

(b) a police officer or other law enforcement officer appointed or

employed under the law of the United States of America or of a State

of the United States of America and who has:

(i) been recommended for appointment by the Central Authority

for the United States; and
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(ii) satisfactorily completed all the required training for

appointment as a designated cross-border maritime law

enforcement officer in accordance with Article 7(1)(a).

4. The Central Authority for Canada may appoint an individual as a designated

cross-border maritime law enforcement officer who is a pilot, co-pilot,

observer or other member of the crew of an aircraft operated by the United

States Coast Guard or a police service or other law enforcement agency of

the United States of America or of a State of the United States of America

providing aerial support to an integrated cross-border maritime law

enforcement operation who has:

(a) been recommended for appointment by the Central Authority for the

United States; and

(b) satisfactorily completed all the required training for appointment as a

designated cross-border maritime law enforcement officer in

accordance with Article 7(1Xb).

5. A designation under this Article shall remain in force until it is suspended,

revoked or withdrawn.

A cross-border maritime law enforcement officer designated under

paragraphs 1 and 2 of this Article shall have the powers of a Customs

Officer (excepted) in accordance with United States law while operating in

the United States.

7. A cross-border maritime law enforcement officer designated under

paragraphs 3 and 4 of this Article shall have the powers of a peace officer in

accordance with Canadian law while operating in Canada.

8. Each Party shall establish and promulgate a single document setting out the

policies that apply to integrated cross-border maritime law enforcement

operations and training for and in their respective territories.
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ARTICLE 7

Training

1. The Central Authorities shall coordinate the development of and approve a

joint training program for designated cross-border maritime law enforcement

officers that includes training on the applicable laws, regulations,

constitutional considerations and policies of both Parties, and in particular,

depending on the anticipated role of the integrated cross-border maritime

law enforcement officer, those pertaining to:

(a) the use of force, marine safety, operational procedures and protection

of informants and other sensitive information; and

(b) aviation regulations and flight safety procedures.

The Central Authorities shall, from time to time, review the joint training

program.

ARTICLE 8

Customs and Immigration Reporting

To facilitate integrated cross-border maritime law enforcement operations, the

Parties shall provide designated cross-border maritime law enforcement officers

alternative mechanisms to meet customs and immigration reporting requirements

between ports of entry.

ARTICLE 9

Work Permits

To facilitate integrated cross-border maritime law enforcement operations, each

Party shall, to the extent required by its domestic law, provide exemptions from

work permit requirements to designated cross-border maritime law enforcement

officers.
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ARTICLE 10

Custody of Persons, Vessels, or Things Detained or Seized

1. In all cases where a person, vessel, or thing is detained or seized, during the

course of an integrated cross-border maritime law enforcement operation,

such person, vessel, or thing shall be dealt with in accordance with the laws

of the host country.

2. In no case shall any person, vessel, or thing detained or seized in the host

country be removed from the host country except in accordance with the

laws of the host country.

3. Paragraph 2 shall not apply in respect of any vessel or thing detained or

seized in the host country in situations of operational or geographical

necessity including when:

(a) before delivering the vessel or thing that was lawfully seized to the

place where the vessel or thing is to be delivered in the host country,

designated integrated cross-border maritime law enforcement officers

are required to participate in continuing integrated cross-border

maritime law enforcement activities or respond to an emergency in the

waters of the other Party;

(b) due to poor weather or mechanical difficulties with a vessel operated

by designated integrated cross-border maritime law enforcement

officers it is necessary to transit through the waters of the other Party

in order to reach the nearest port; or,

(c) the navigable shipping channels between the location in the host

country where the vessel or thing was lawfully seized and the place

where the vessel or thing is to be delivered in the host country pass

through the waters of the other Party.

4. In situations of operational or geographical necessity described in

paragraph 3 when a vessel or thing lawfully seized in the host country is

transported through the waters of the other Party, that vessel or thing

remains under the physical custody and control of the designated crossborder law enforcement officer of the host country.
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ARTICLE 11

Accountability

1. While engaging in integrated cross-border maritime law enforcement

operations a designated cross-border maritime law enforcement officer shall

be subject to the domestic laws of the Party in whose territory any criminal

misconduct is alleged to have occurred and be subject to the jurisdiction of

the courts of that Party subject to the rights and privileges that a law

enforcement officer from the host country would be able to assert in the

same situation and subject to the rights and privileges that the host country

would be able to assert in the same situation.

2. Any claim submitted for damage, harm, injury, death or loss resulting from

an integrated cross-border maritime law enforcement operation carried out

by a Party under this Agreement shall be resolved in accordance with the

domestic law of the Party to which the claim is brought and with

international law. The Parties shall consult at the request of either Party with

a view to resolving the matter and deciding any questions relating to

compensation or payment.

3. Each Party shall make best efforts to ensure the cooperation of designated

cross-border maritime law enforcement officers with any investigation,

inquest or hearing that relates to an internal investigation or is held by a

civilian oversight body into the exercise of enforcement powers by such

officers, subject to the rights and privileges that a law enforcement officer

from the country in which the investigation or proceeding takes place would

be able to assert in the same situation and subject to the rights and privileges

that country would be able to assert in the same situation. Upon request,

each Party shall make best efforts to provide all unclassified documents and

other unclassified information relating to a designated cross-border maritime

law enforcement operation that is the subject of an investigation, inquest or

hearing that relates to an internal investigation or is held by a civilian

oversight body.

4. The participating agency that employs a designated cross-border maritime

law enforcement officer shall be solely responsible for the professional

review of and discipline procedures for its participating officers. If a
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participating agency undertakes any professional review and discipline

procedure arising from cross-border maritime law enforcement activity, then

the Central Authority shall ensure that any results from such a procedure are

communicated to the other Central Authority.

5. A Party may decline to cooperate under paragraphs 3 and 4 of this Article

only where such cooperation would be contrary to or inconsistent with its

public policy, substantive national interests, domestic law and regulations, or

interferes with an ongoing investigation or prosecution.

6. Before denying or postponing cooperation the Party, through its Central

Authority, shall:

(a) promptly inform the other Party of the reason for considering denial

or postponement; and

(b) consult with the other Party to determine whether assistance may be

given subject to such terms and conditions as the Party whose

cooperation is at issue deems necessary.

ARTICLE 12

Firearms, Ammunitions

and Other Standard Law Enforcement Weapons

While engaging in integrated cross-border maritime law enforcement operations in

shared waterways a designated cross-border maritime law enforcement officer may

carry firearms, ammunition, and other standard law enforcement weapons jointly

approved by the Central Authorities for the United States and Canada.

ARTICLE 13

Use of force

The designated cross-border maritime law enforcement officers shall use force

only in strict accordance with the applicable laws and policies of the host country
where the use of force occurs. In all cases only force that is reasonably necessary

under the circumstances shall be used.

ARTICLE 14

Information sharing

1. Subject to their domestic laws, the Parties shall assist each other in the

course of integrated cross-border maritime law enforcement operations and

may, for that purpose, share such information as may be necessary.

2. For the purposes of Article 14, "further sharing" means: the subsequent

sharing of shared information by the receiving participating agency with,

among others, a non-participating government agency or a foreign country.

3. Appropriate written arrangements shall be executed by the participating

agencies regarding issues of use, further sharing, and correction of shared

information, and regarding issues of storage and destruction of recorded

shared information in accordance with the domestic laws of the Parties.

4. Unless required by its domestic laws or otherwise permitted by an

arrangement executed pursuant to paragraph 3 of this Article, a participating

agency shall not use or further share information shared pursuant to this

Article for purposes other than United States-Canada integrated cross-border

law enforcement operations without the consent of the participating agency

sharing the information. If a participating agency uses or shares information

shared pursuant to this Article according to its domestic laws, it shall,

subject to exigent circumstances, provide notice to the sharing participating

agency prior to such use or sharing. In case of exigent circumstances, the

participating agency using or sharing the information shall provide notice to

the sharing participating agency as soon as reasonably possible.

5. Designated cross-border maritime law enforcement officers shall collect

information in strict accordance with the laws of the host country. A

participating agency shall not use or further share information collected

exclusively in the other Party's territory or waters by its officers for

purposes other than Canada-United States integrated cross-border law
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enforcement operations without the consent of the Party in whose territory or

waters the information was collected, unless the use or further sharing is

required by its domestic laws, in which case the participating agency shall,

subject to exigent circumstances, provide notice to the Party in whose

territory or waters the information was collected prior to such use or sharing.

In case of exigent circumstances, the participating agency using or sharing

the information shall provide notice to the Party in whose territory or waters

the information was collected as soon as reasonably possible. Nothing in this

paragraph is intended to inhibit the Party in whose territory or waters the

information was collected from sharing such information with the other

Party pursuant to paragraph 1 of this Article or any other existing

arrangements available to the Parties for the sharing of information.

6. Notwithstanding paragraphs 3, 4 and 5, the participating agency sharing the

information or in whose territory or waters the information was collected

may, in a particular instance, place additional restrictions on the use, sharing

and further sharing of this information. Subject to its domestic laws, the

participating agency which received or collected the information may accept

and comply with any such restrictions or decline to receive or collect the

information.

7. Information sharing related to evidence and testimony that may be needed in

any criminal investigation and subsequent prosecution or other proceeding

resulting from integrated cross-border maritime law enforcement operations

shall be conducted pursuant to Article 15 of this Agreement.

8. (a) Nothing in this Agreement is intended to alter or supersede any law

enforcement information exchange agreement in effect between the

Parties.

(b) Nothing in this Article is intended to preclude a Party from sharing

information related to terrorism or weapons of mass destruction with

non-participating agencies within its government according to its

domestic laws.
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ARTICLE 15

Cooperation in Proceedings

The participating agencies of the Parties shall fully cooperate in providing

information, evidence and testimony that may be needed in any investigation

and subsequent prosecution or other proceeding resulting from integrated

cross-border maritime law enforcement operations.

Cooperation shall include:

(a) using best efforts to facilitate a request by the other Party to provide

any relevant information or evidence in the possession or control of

the participating agencies; and

(b) using best efforts to facilitate the availability and appearance of any

designated cross-border maritime law enforcement officer or other

employee of a participating agency in order to give testimony relevant

to any prosecution or proceeding resulting from integrated crossborder maritime law enforcement operations.

The Central Authority of each Party, or officials designated by the Central

Authority, shall have the authority to make, receive and respond to requests

for information, evidence and testimony under this Article.

If a competent judicial authority of a Party, in relation to a prosecution or

other proceeding, issues a subpoena or order relating to the production of

information or evidence referenced in paragraph 2(a), or the appearance of a

witness referenced in paragraph 2(b), that Party may make a request for such

information, evidence or appearance pursuant to paragraph 3, and the

relevant participating agency shall use best efforts to facilitate such request.

When the Party receiving a request believes that information, evidence or

testimony sought pursuant to this Article may include, or give rise to the

disclosure of, information that it views as privileged or otherwise sensitive,

it shall so advise the requesting Party. Either Party may request consultations

to determine whether there are limitations on disclosure, assertions of

privilege, restrictions on a potential witness's testimony or other conditions
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that may be sufficient to address the concerns of the Party receiving a

request.

Before denying or postponing the provision or facilitation of information,

evidence or testimony pursuant to this Article, the Party receiving a request

shall, through its Central Authority and in consultation with its relevant

prosecution authorities, promptly inform the Central Authority of the

requesting Party of the reason for considering denial or postponement. The

Central Authority of the requesting Party shall consult with its relevant

prosecution authorities to determine whether it may accept the information,

evidence or testimony subject to such terms and conditions as the other Party

may deem necessary. If the requesting Party accepts assistance subject to

such terms and conditions, then it shall comply with said terms and

conditions.

Unless required by domestic law, a requesting Party shall not use or disclose

information, evidence or testimony provided by the other Party other than

for the purposes for which it was requested without the prior consent of the

Central Authority of the other Party. However, information, evidence or

testimony made public in such prosecution or proceeding may thereafter be

used for any purpose.

Nothing in this Article shall limit or otherwise affect the rights and

obligations of the Parties under other agreements or treaties governing

cooperation and mutual assistance in the investigation, prosecution and

suppression of crime.

ARTICLE 16

Dispute Resolution

The Parties shall seek to resolve the disputes between them that may arise in

interpreting or applying this Agreement through consultations between

Central Authorities.

The Parties shall consult promptly at the request of either Party concerning

any dispute which has not been resolved by the Central Authorities.
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ARTICLE 17

Expenses and Operational Costs

Subject to availability of funds, the Parties shall assume the expenses and

operational costs of their respective human and material resources.

Costs arising from the implementation of Article 15 of this Agreement shall

be dealt with as follows:

(a) The Requested Party shall assume all ordinary expenses of executing

a request for cooperation within its boundaries, except:

(i) fees of experts;

(ii) expenses of translation, interpretation and transcription; and

(iii) travel and incidental expenses of persons travelling to the

Requested Party's territory to attend the execution of a request

for cooperation.

(b) A Requesting Party shall assume all ordinary expenses required to

present evidence from the Requested Party in the Requesting Party's

territory, including:

(i) travel and incidental expenses of witnesses travelling to the

Requesting Party's territory, including those of accompanying

officials; and

(ii) fees of experts.

(c) If it becomes apparent that expenses of an extraordinary nature are

required to fulfill a request for cooperation, the Parties shall consult to

determine the terms and conditions under which the cooperation will

continue.

(d) The Parties shall agree on practical measures as appropriate for the

reporting and payment of costs in conformity with this Article.
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ARTICLE 18

Effect on Rights and Privileges

1. This Agreement creates rights and obligations between the Parties.

2. Nothing in this Agreement:

(a) creates, alters or confers the rights, privileges and benefits due to any

person or entity in any administrative or judicial proceeding

conducted under the jurisdiction of either Party;

(b) shall give rise to a right on the part of a private party or entity to

obtain, suppress or exclude any evidence or to impede the execution

of a request for evidence;

(c) shall in any way limit the rights and authority of any designated crossborder maritime law enforcement officer while operating in his or her

country;

(d) shall be construed to alter existing international agreements or other

arrangements pertaining to Mutual Legal Assistance between the

Parties; and

(e) shall constitute a precedent for any future discussions or negotiations

between the Parties.

ARTICLE 19

Entry into force, Amendment and Termination of the Agreement

1. This Agreement shall enter into force upon an exchange of diplomatic notes

confirming that the necessary internal procedures of each Party therefor have

been completed.

2. Any amendment of this Agreement must be agreed in writing by the Parties

and shall enter into force upon an exchange of diplomatic notes confirming

that the necessary internal procedures of each Party therefor have been

completed.
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This Agreement may be terminated by either Party by written notification to

the other Party. The termination shall take effect six months from the date of

such notification.

Notwithstanding paragraph 3 of this Article, the obligations contained in

Article 15 shall continue for prosecutions that have been commenced prior

to the time of termination until such prosecutions are over.

In case of termination, the Government of the United States of America and

the Government of Canada shall reach agreement on the return or

destruction, or continued use and storage, of the information that has already

been communicated between them.

The Parties agree to meet in order to review this Agreement at the end of

five years from the date of its entry into force.

IN WITNESS WHEREOF, the undersigned, duly authorised by their respective

Government, have signed this Agreement.

DONE at Detroit, this twenty-sixth day of May 2009, in duplicate, in the English

and French languages, both ...........uzsions being equally authentic.

0CTHE G6VERNMENT FOR THE GOVERNMENT

0 1 UNITED STATES OF AMERICA: OF CANADA: