IV 

110TH CONGRESS 

2D SESSION H. RES. 1505 

Recognizing the United States-Bahamas Proliferation Security Initiative 

Shipboarding Agreement. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2008 

Ms. CLARKE submitted the following resolution; which was referred to the 

Committee on Foreign Affairs 

RESOLUTION 

Recognizing the United States-Bahamas Proliferation 

Security Initiative Shipboarding Agreement. 

Whereas the United States and the Bahamas ‘‘Agreement on 

Cooperation to Supress the Proliferation of Weapons of 

Mass Destruction, Their Delivery Systems, and Related 

Materials by Sea’’ will put into place procedures and 

identify points of contact to permit the inspection by either party of vessels flying their flags suspected of transporting proliferation-related cargo; 

Whereas this agreement will promote the goal of the Proliferation Security Initiative (PSI) goal to stop shipments 

of weapons of mass destruction (WMD), their delivery 

systems, and related materials to and from states and 

non-state actors of proliferation concern; 


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•HRES 1505 IH 

Whereas this agreement will also serve to deter proliferators 

and help ensure that ships flying flags of the United 

States or the Bahamas will not become involved in the 

transport of proliferation-related cargo; 

Whereas this agreement will enhance the reputation of the 

Bahamas’ ship registry as a flag of quality and thereby 

increase its attractiveness to legitimate international 

commercial enterprises; 

Whereas this agreement is the ninth bilateral shipboarding 

agreement the United States has signed under the auspices of the PSI; 

Whereas taken together, the shipboarding agreements with 

the Bahamas, Liberia, Panama, the Marshall Islands, 

Belize, Cyprus, Croatia, Malta, and Mongolia cover a 

large portion of the world’s cargo fleet, along with informal commitments among other PSI participating countries to expedite any request made by each other to board 

and inspect a ship flying their flag that is suspected of 

transporting proliferation-related cargo; 

Whereas the shipboarding agreement with the Bahamas is 

important because of the size of its flag registry; 

Whereas the Bahamas has the world’s third largest flag registry of merchant ships, measured by gross tonnage, and 

serves as an open registry for ship owners from dozens 

of countries; 

Whereas the Bahamas is demonstrating its continued commitment to nonproliferation and willingness to set an example for other countries with large flag registries; 

Whereas the PSI is an informal effort among states around 

the world aimed at stopping trafficking of WMD, their 


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•HRES 1505 IH 

delivery systems, and related materials to and from states 

and non-state actors of proliferation concern; 

Whereas the PSI is an innovative and proactive approach to 

preventing WMD proliferation that relies on cooperative 

actions by countries that are consistent with national 

legal authorities and relevant international law and 

frameworks; 

Whereas more than 90 countries have endorsed the PSI and 

participate in its activities on a voluntary basis; 

Whereas the PSI Statement of Interdiction Principles makes 

clear that all PSI activities are taken consistent with national legal authorities and relevant international law and 

frameworks; 

Whereas this agreement strengthens the legal basis for the 

maritime interdiction of WMD-related items and conforms to both parties’ domestic legal authorities and 

international law, including the United Nations Convention on the Law of the Sea; 

Whereas the boarding procedures do not change existing 

international maritime law nor infringe upon the traditional principle of freedom of navigation; 

Whereas the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime 

Navigation (the 2005 SUA Protocol), adopted by the 

International Maritime Organization Diplomatic Conference in London on October 14, 2005, will, when it enters into force, create an international shipboarding regime that will provide an international legal framework 

to facilitate interdiction in international waters of WMD, 

their delivery systems, and related materials, as well as 

terrorist fugitives; 


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•HRES 1505 IH 

Whereas the 2005 SUA Protocol is currently before the Senate for its advice and consent to ratification; 

Whereas the agreement establishes ‘‘24/7’’ points of contact 

for rapid communication in case of a suspect shipment; 

Whereas if a United States or Bahamas-flagged vessel is suspected of carrying proliferation-related cargo, either one 

of the parties to the agreement can request the other to 

confirm the nationality of the shipment in question and 

authorize the boarding, search, and possible detention of 

the vessel and its cargo; 

Whereas a shipboarding request can be made and implemented by either party; 

Whereas the agreement applies to flagged vessels of either 

party located in international waters; and 

Whereas the agreement does not apply to third-party vessels 

or to territorial waters: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) recognizes the United States and the Baha3 mas Proliferation Security Initiative Shipboarding 

4 Agreement; 

5 (2) is deeply concerned about the proliferation 

6 of weapons of mass destruction (WMD), their deliv7 ery systems, and related materials, particularly by 

8 sea, as well as the risk that such WMD may fall into 

9 the hands of terrorists; 

10 (3) acknowledges the widespread consensus that 

11 proliferation and terrorism seriously threaten inter12 national peace and security; 


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•HRES 1505 IH 

1 (4) is convinced that illicit trafficking in WMD, 

2 their delivery systems and related materials by 

3 states and non-state actors must be stopped; 

4 (5) reaffirmes the importance of customary 

5 international law of the sea as reflected in the 

6 United Nations Convention on the Law of the Sea; 

7 and 

8 (6) commits to cooperation to stop the pro9 liferation by sea of WMD, their delivery systems, 

10 and related materials. 

Æ 


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