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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1505 Introduced in House (IH)]

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;
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 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;
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
    Resolved, That the House of Representatives--
            (1) recognizes the United States and the Bahamas 
        Proliferation Security Initiative Shipboarding Agreement;
            (2) is deeply concerned about the proliferation of weapons 
        of mass destruction (WMD), their delivery systems, and related 
        materials, particularly by sea, as well as the risk that such 
        WMD may fall into the hands of terrorists;
            (3) acknowledges the widespread consensus that 
        proliferation and terrorism seriously threaten international 
        peace and security;
            (4) is convinced that illicit trafficking in WMD, their 
        delivery systems and related materials by states and non-state 
        actors must be stopped;
            (5) reaffirmes the importance of customary international 
        law of the sea as reflected in the United Nations Convention on 
        the Law of the Sea; and
            (6) commits to cooperation to stop the proliferation by sea 
        of WMD, their delivery systems, and related materials.
                                 <all>
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