TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-728

________________________________________________________________________

CIVIL AVIATION

Air Marshals

Memorandum of Agreement 

Between the

UNITED STATES OF AMERICA

and HONDURAS

Signed at Tegucigalpa July 18 and 28, 2013

with

Annex
 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.”
 HONDURAS

 Civil Aviation: Air Marshals

 Memorandum of agreement signed at 

 Tegucigalpa July 18 and 28, 2013;

 Entered into force July 28, 2013.

 With annex.
MEMORANDUM OF AGREEMENT

BETWEEN

THE

UNITED STATES OF AMERICA

AND

THE

REPUBLIC OF HONDURAS

CONCERNING THE DEPLOYMENT OF AIR MARSHALS

ON BOARD AIRCRAFT

The United States of America and the Republic of Honduras (the "Parties"), both being

Parties to the Convention on International Civil Aviation, done at Chicago on 7 December

1944 ( the "Chicago Convention"); both desiring to comply with provisions of Annex 17 to

the Chicago Convention, including, in particular, paragraphs 4.7.4, 4.7.5 and 4.7.7 thereof; and

both being Parties to the Convention on Offences and Certain Other Acts Committed on Board

Aircraft, signed at Tokyo on 14 September 1963, hereby agree to allow for the deployment of

Air Marshals of the United States of America and of the Republic of Honduras, respectively,

on aircraft that are engaged in Combination Air Services, that are operated by an air carrier that

received its Air Operator Certificate (AOC) from one Party, and that are operated to, from, or

between the territories of the Parties.

Article 1

Purpose and Definitions

1. The purpose of this Agreement is to enhance the security of Combination Air Services

to, from, or between the territories of the Parties by providing a framework for the deployment

of Air Marshals on certain such flights.

2. For the purposes of this Agreement:

(a) 'Air Marshal' means a person who is employed, trained, and accredited by the

Government of the Sending State to travel on an aircraft to provide security for that aircraft and

its passengers and crew.

(b) 'Sending State' means the State that as a Party to this Agreement deploys an Air

Marshal on an aircraft that is operated by an air carrier that received its AOC from that State.

(c) 'Receiving State' means the non-deploying State that is a Party to this Agreement.

(d) 'Combination Air Services' means commercial charter and scheduled air transportation

services that combine passenger and cargo operations.

(e) 'Third State' means a State that is not a Party to this Agreement.

(f) 'Air Operator Certificate' means a certificate authorizing an operator to carry out

specific commercial air transport operations.
Article 2

Scope of the Agreement

1. This Agreement shall apply to aircraft that engage in Combination Air Services that are

operated by an air carrier that received its AOC from one Party and that operate between the

territories of the Parties.

2. This Agreement shall also apply to aircraft that are operated by an air carrier that

received its AOC from one of the Parties, that engage in Combination Air Services between the

territories of a Party and a Third State, and that are diverted to the territory of the other Party.

3. This Agreement shall also apply to aircraft that are operated by an air carrier that

received its AOC from one of the Parties and that engage in Combination Air Services between

the territories of the other Party and a Third State.

4. Activities under this Agreement shall be subject to the availability of appropriated

funds.

Article 3

General Responsibilities of the Sending State

1. With respect to flights between the territories of the Sending State and the Receiving

State, the Sending State shall:

(a) Prior to the departure of a flight carrying its Air Marshals, ensure that all Air Marshals

have the appropriate travel documents;

(b) Prior to the departure of a flight carrying its Air Marshals, direct the Air Marshals to

declare all weapons and related equipment to the appropriate authorities in the Receiving State

on landing and to comply with customs requirements and other applicable laws of the

Receiving State;

(c) At least 30 days prior to the departure of a flight carrying its Air Marshals, inform the

Receiving State in writing of the identity of its Air Marshals on board the aircraft and the type

and number of weapons and related equipment that the Air Marshals will be carrying, as

provided in Annex A;

(d) In the event of imminent danger or exigent circumstances requiring the deployment of

Air Marshals with less than 30 days' written notice to the Receiving State, inform the

Receiving State of the identity of the Air Marshals on board the aircraft and the type and

number of weapons and related equipment that the Air Marshals will be carrying, as provided

in Annex A, at the earliest time, but, in any case, prior to the scheduled departure to the

Receiving State;

(e) If there is an incident on board the aircraft, inform the Receiving State as soon as the

Sending State becomes aware of the incident; and

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(f) If there is an incident on board the aircraft and the alleged offenders are detained or

arrested and not returned to the Sending State, direct the Air Marshals to deliver the offenders

to the Receiving State upon landing.

2. With respect to flights between the territories of the Receiving State and a Third State,

the Sending State shall:

(a) Prior to the departure of a flight carrying its Air Marshals, ensure that all Air Marshals

have the appropriate travel documents;

(b) At least 30 days prior to the departure of a flight carrying its Air Marshals, inform the

Receiving State in writing of the identity of the Air Marshals on board the aircraft and the type

and number of weapons and related equipment that the Air Marshals will be carrying, as

provided in Annex A;

(c) In the event of imminent danger or exigent circumstances requiring the deployment of

Air Marshals with less than 30 days' written notice, inform the Receiving State of the identity

of the Air Marshals on board the aircraft and the type and number of weapons and related

equipment that the Air Marshals will be carrying, as provided in Annex A, at the earliest time,

but, in any case, prior to the scheduled departure of the flight;

(d) If there is an incident on board the aircraft, inform the Receiving State as soon as the

Sending State becomes aware of the incident; and

(e) If there is an incident on board the aircraft, the alleged offenders are detained or

arrested, and the aircraft lands in the Receiving State, direct the Air Marshals to deliver the

offenders to the Receiving State upon landing.

Article 4

General Responsibilities of the Receiving State

The Receiving State shall:

(a) Facilitate, in accordance with its laws, the admission into and departure from its

territory of Air Marshals of the Sending State;

(b) Permit, in accordance with its laws, the entry into and departure from its territory of the

weapons and related equipment of Air Marshals of the Sending State; and

(c) Take delivery of any person or persons arrested or detained during the flight and in the

custody of Air Marshals of the Sending State upon arrival in the Receiving State.

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Article 5

Operational Procedures

(a) This Agreement shall be supplemented by mutually acceptable operational procedures

set forth in writing by the Parties.

(b) These operational procedures shall be in accordance with the terms of this Agreement.

(c) Unless otherwise required by law, neither Party shall disclose to any third party the

content of the operational procedures without the consent of the other Party. The Party

intending to disclose the information shall notify the other Party of the intended disclosure at

least 14 days before the disclosure is made. In the event either Party learns of a known or

suspected disclosure of the operational procedures, authorized or unauthorized and not

previously notified, the Party learning of the disclosure shall provide immediate notice to the

other Party.

Article 6

Observance of the Laws of the Sending State by Air Marshals

The Parties agree that, in the performance of their duties while in the Sending State and from

the moment all external doors of the aircraft are closed following embarkation until any such

door is opened for disembarkation, Air Marshals operating under this Agreement shall exercise

their powers in accordance with the laws of the Sending State.

Article 7

Direction of Air Marshals

The Parties agree that the Sending State shall direct the activities of its Air Marshals while in

the Sending State and from the moment all external doors of the aircraft are closed following

embarkation until any such door is opened for disembarkation.

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FOR THE

REPUBLIC OF HONDURA

ireya A

Ministe

Ministry of Foreign Affairs

Republic of Honduras

Article 8

Entry into Force

This Agreement shall enter into force upon the date of last signature and remain in force until

terminated by either Party upon not less than ninety (90) days prior written notice. Upon entry

into force, this Agreement shall supersede previous arrangements between the Parties in

relation to the deployment of Air Marshals of the two countries.

Signed in duplicate in the English and Spanish languages, both texts being equally authentic.

FOR THE

UNITED STATES OF AMERICA:

DATE: 3 k,k‘y 1% 1 

PLACE: 'T o lady( pc.■ 

Lisa J. Kubiske

Ambassador

United States Embassy to Honduras

DATE:

PLACE:

cibt-fy 2--Sci 2c13 

//DC_

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Annex A

Notification Procedures

Information to be provided in the Written Notification of Air Marshal Deployment,

pursuant to Article 3 of the Memorandum of Agreement

a) date and time of mission, including the planned length of stay; flight information

(including flight number and time);

b) number of Air Marshals deployed per mission;

c) complete names of all Air Marshals, with indication of name of mission leader;

d) passport numbers;

e) weapons types, makes, and serial numbers;

f) type and quantity of ammunition; and

g) details of other mission-related equipment to be carried on the aircraft, such as radios or

handcuffs.

List of National Coordinating Offices

Point of Contact for the United States:

Central contact office for Air Marshal deployments:

Name of authority: FAMS Mission Operations Center / Duty Watch Officer

Tel: 001 703 563 3566 / 001 703 487 3100

Fax: 001 703 487 3034 / 001 703 487 3305

E-mail: MOC@secureskies.net

Point of Contact for Honduras:

Central contact office for Air Marshal deployments:

Name of authority: Directorate General of Civil Aviation

Address: P.O. Box 30145 Tegucigalpa, Honduras

Tel: +011-504-2233-1115

Fax: +011-504-2233-1622 / +011-504-2233-3683

E-mail: mcaceres@dgachn.org / abmartinez 2004@yahoo.com

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