Agreement Between the Government of the United States of America and the Government of the Dominican Republic Concerning Maritime Counter-drug Operations
Agreement signed at Santo Domingo March 23, 1995;
Entered into force March 23, 1995.
PREAMBLE
The Government of the United States of America and the Government of the Dominican Republic (hereafter, the “parties”); bearing in mind the special nature of the problem of illicit maritime drug traffic; having regard to the urgent need for international cooperation in suppressing illicit maritime drug traffic which is recognized in the 1961 Single Convention on Narcotic Drugs and its 1972 Protocol, in the 1971 Convention on Psychotropic Substances,1 and in the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances;2 and desiring to promote greater cooperation between the parties in combatting illicit maritime drug traffic; have agreed as follows:
NATURE AND SCOPE OF AGREEMENT
1. The parties shall cooperate in combatting illicit maritime drug traffic to the fullest extent possible, consistent with available law enforcement resources and related priorities.
2. Maritime counter-drug operations in Dominican waters are the responsibility of, and subject to the authority of, the Government of the Dominican Republic.
3. In the agreement, unless the context otherwise requires:
a. Dominican waters means the territorial sea and internal waters of the Dominican Republic, and the air space over such waters;
b. Law enforcement vessels include any embarked aircraft.
MDLEA Blog Note: The following was added by Protocol 03-520.1:
“c. For the purposes of this Agreement, the term “U.S. vessels” includes ships of other States clearly marked and identifiable as being on government service, as may be agreed upon by the Parties in writing.”
SHIPRIDER PROGRAM AND ENFORCEMENT IN DOMINICAN WATERS
4. The parties shall establish a joint law enforcement shiprider program between the Dominican law enforcement authorities and the United States Coast Guard (hereafter “Coast Guard”). Each party may designate a coordinator to organize its program activities and to identify the vessels and officials involved in the program to the other party.
5. The Government of the Dominican Republic may designate qualified law enforcement officials to act as law enforcement shipriders. Subject to Dominican law, these shipriders may, in appropriate circumstances:
a. Embark on United States Coast Guard and Navy vessels with Coast Guard law enforcement detachments embarked (hereafter, “U.S. vessels”);
b. Authorize the pursuit, by the U.S. vessels on which they are embarked, of suspect vessels and aircraft fleeing into Dominican waters;
c. Authorize the U.S. vessels on which they are embarked to conduct counter-drug patrols in Dominican waters;
d. Enforce the laws of the Dominican Republic in Dominican waters or seaward therefrom in the exercise of the right of hot pursuit or otherwise in accordance with international law; and
e. Authorize the Coast Guard to assist in the enforcement of the laws of the Dominican Republic.
6. The Government of the United States of America may designate qualified Coast Guard law enforcement officials to act as law enforcement shipriders. Subject to United States law, these shipriders may, in appropriate circumstances:
A. Embark on Government of the Dominican Republic vessels;
B. Advise and assist Dominican law enforcement officials in the conduct of boardings of vessels to enforce the laws of the Dominican Republic.
C. Enforce, seaward of the territorial sea of the Dominican Republic, the laws of the United States where authorized to do so; and
D. Authorize the Dominican vessels on which they are embarked to assist in the enforcement of the laws of the United States seaward of the territorial sea of the Dominican Republic.
7. When a shiprider is embarked on the other party’s vessel, and the enforcement action being carried out is pursuant to the shiprider’s authority, any search or seizure of property, any detention of a person, and any use of force pursuant to this agreement whether or not involving weapons, shall be carried out by the shiprider except as follows:
A. Crew members of the other party’s vessel may assist in any such action if expressly requested to do so by the shiprider and only to the extent and in the manner requested. Such request may only be made, agreed to and acted upon in accordance with the applicable laws and policies of both parties; and
B. Such crew members may use force in self-defense in accordance with the applicable laws and policies of their government.
8. The Government of the United States of America shall not conduct counter-drug operations in Dominican waters without the permission of the Government of the Dominican Republic, granted by this agreement or otherwise. This agreement constitutes permission by the Government of the Dominican Republic for United States counter-drug operations in any of the following circumstances:
A. An embarked Dominican shiprider so authorizes;
B. A suspect vessel or aircraft, encountered seaward of the territorial sea of the Dominican Republic flees into Dominican waters and is pursued therein by a U.S. vessel without a Dominican shiprider embarked in which case any suspect vessel may be boarded and searched, and, if the evidence warrants detained pending disposition instructions from Dominican authorities; and
C. A Dominican shiprider is unavailable to embark on a U.S. vessel, in which case the U.S. vessel may enter Dominican waters in order to investigate any suspect aircraft or board and search any suspect vessel other than a Dominican flag vessel, and, if the evidence warrants, detain any such vessel pending disposition instructions from Dominican authorities.
Nothing in this agreement precludes the Government of the Dominican Republic from otherwise expressly authorizing United States counter-drug operations in Dominican waters or involving Dominican flag vessels or aircraft suspected of illicit traffic.
MDLEA Blog Note: The following was added by Protocol 03-520.1:
“8 bis. The Government of the Dominican Republic shall permit aircraft of the Government of the United States of America (hereinafter, “U.S. aircraft”) when engaged in law enforcement operations or operations in support of law enforcement activities, subject to paragraph 8 ter, to:
a. Overfly its territory and waters; and
b. Subject to the laws of each Party, with due regard for its laws and regulations for the flight and maneuver of aircraft, relay orders from its competent authorities to suspect aircraft to land in the territory of the Dominican Republic.”
“8 ter. The Government of the United States of America shall, in the interest of flight safety, observe the following procedures for notifying appropriate Dominican authorities of such overflight activity by U.S. aircraft:
a. In the event of planned bilateral or multilateral law enforcement operations, the Government of the United States of America shall provide reasonable notice and communications channels to the appropriate Dominican aviation authorities of planned flights by its aircraft over Dominican territory or waters.
b. In the event of unplanned operations, which may include the pursuit of suspect aircraft into Dominican airspace pursuant to this Agreement, the law enforcement and appropriate aviation authorities of the Parties may exchange information concerning the appropriate communications channels and other information pertinent to flight safety.
c. Any aircraft engaged in law enforcement operations or operations in support of law enforcement activities in accordance with this Agreement shall comply with such air navigation and flight safety rules as may be required by Dominican aviation authorities, and with any written operating procedures developed for flight operations within its airspace under this “
OPERATIONS SEAWARD OF THE TERRITORIAL SEA
9. Except as expressly provided herein, this agreement does not apply to or limit boardings of vessels conducted by either party seaward of any nation’s territorial sea, whether based on the right of visit, the rendering of assistance to persons, vessels, and property in distress or peril, the consent of the vessel master, or an authorization from the flag state to take law enforcement action.
10. Whenever Coast Guard officials encounter a Dominican flag vessel located seaward of any nation’s territorial sea and suspected of illicit traffic, this agreement constitutes the authorization of the Government of Dominican Republic for the boarding and search of the suspect vessel and the persons found on board by such officials. If evidence of illicit traffic is found Coast Guard officials may detain the vessel and persons on board pending expeditious disposition instructions from the Government of the Dominican Republic.
MDLEA Blog Note: The following was added by Protocol 03-520.1:
“10 bis. In cases arising in the contiguous zone of a Party, not involving suspect vessels fleeing from the waters of that Party or suspect vessels claiming nationality in that Party, in which both Parties have the authority to exercise jurisdiction to prosecute, the Party which conducts the boarding and search shall have the right to exercise jurisdiction.”
JURISDICTION OVER DETAINED VESSELS
11. In all cases arising in Dominican waters or concerning Dominican flag vessels seaward of any nation’s territorial sea the Government of the Dominican Republic shall have the primary right to exercise jurisdiction over a detained vessel and/or persons on board (including seizure forfeiture, arrest, and prosecution), provided, however, that the Government of the Dominican Republic may, subject to its constitution and the laws, waive its primary right to exercise jurisdiction and authorize the enforcement of United States law against the vessel and/or persons on board.
IMPLEMENTATION
12. Counter-drug operations pursuant to this agreement shall be carried out only against vessels and aircraft used for commercial or private purposes and suspected of illicit maritime drug traffic, including vessels and aircraft without nationality.
13. A party conducting a boarding and search pursuant to this agreement shall promptly notify the other party of the results thereof.
14. Each party shall ensure that its law enforcement officials, when conducting boardings and searches pursuant to this agreement act in accordance with the applicable national laws and policies of their government and with international law and accepted international practices.
MDLEA Blog Note: The following was amended by Protocol 03-520.1:
“14. Each Party shall ensue that its law enforcement officials, when conducting boardings and searches and air intercept activities pursuant to this Agreement, act in accordance with the applicable national laws and policies of their Government and with international law and accepted international practices.”
15. Boardings and searches pursuant to this agreement shall be carried out by uniformed officials from ships or aircraft clearly marked and identified as being on government service. The boarding and search team may carry personal arms.
MDLEA Blog Note: The following was amended and added by Protocol 03-520.1:
“15. Boardings and searches pursuant to this Agreement shall be carried out by uniformed officials from ships and aircraft of the Parties clearly marked and identified as being on government service, and from such ships of other States as may be agreed upon by the Parties in writing.”
“15 bis. While conducting air intercept activities pursuant to this Agreement, the Parties shall not endanger the lives of persons on board and the safety of civil aircraft.”
16. All use of force pursuant to this agreement shall be in strict accordance with applicable laws and policies of the respective government and shall in all cases be the minimum reasonably necessary under the circumstances nothing in this agreement shall impair the exercise of the inherent right of self-defense by law enforcement or other officials of either party.
MDLEA Blog Note: The following was amended by Protocol 03-520.1:
“16. All use of force pursuant to this Agreement shall be in strict accordance with applicable laws and policies of the respective Party and shall in all cases be the minimum reasonably necessary under the circumstances, except that neither Party shall use force against civil aircraft in flight. Nothing in this Agreement shall impair the exercise of the inherent right of self-defense by law enforcement or other officials of either Party.”
17. To facilitate implementation of this agreement, each party shall ensure the other party is fully informed concerning its applicable laws and policies, particularly those pertaining to the use of force. Each party has the corresponding responsibility to ensure that all of its officials engaging in law enforcement operations pursuant to this agreement are knowledgeable concerning the applicable laws and policies of both parties.
MDLEA Blog Note: The following was amended by Protocol 03-520.1:
“17. To facilitate implementation of this Agreement, each Party shall ensure the other Party is fully informed concerning its respective applicable laws and policies, particularly those pertaining to the use of force. Each Party has the corresponding responsibility to ensure that all of its law enforcement officials engaging in law enforcement operations pursuant to this Agreement are knowledgeable concerning the applicable laws and policies of both Parties. When conducting air intercept activities pursuant to this Agreement the Parties shall not endanger the lives of persons on board and the safety of civil aircraft.”
18. Unless their status is specifically provided for in another agreement, all law enforcement and other officials of the Government of the United States of America present in Dominican waters or territory or on Dominican vessels in connection with this agreement shall be accorded the privileges and immunities equivalent to those of the administrative and technical staff of a diplomatic mission under the 1961 Vienna Convention on diplomatic relations.1
19. Assets seized in consequence of any operation undertaken in Dominican waters pursuant to this agreement shall be disposed of in accordance with the laws of the Dominican Republic. Assets seized in consequence of any operation undertaken seaward of the territorial sea of the Dominican Republic pursuant to this agreement shall be disposed of in accordance with the laws of the seizing party. To the extent permitted by its laws and upon such terms as it deems appropriate, a party may, in any case, transfer forfeited assets or proceeds of their sale to the other party.
MDLEA Blog Note: The following was added by Protocol 03-520.1:
“19 bis. The law enforcement authority of the Dominican Republic may request, and the United States Coast Guard may authorize, U.S. Coast Guard law enforcement officials to provide technical assistance to law enforcement officials of the Dominican Republic in their boarding and investigation of suspect vessels located in the territory or waters of the Dominican Republic.”
“19 ter. The Government of the Dominican Republic may permit, after notification to and coordination with appropriate officials, on the occasions and for the time necessary for the proper performance of the operations required under this Agreement:
a. the temporary mooring of United States law enforcement vessels at national ports in accordance with international norms for the purposes of resupplying fuel and provisions, medical assistance, minor repairs, weather and other logistics and related purposes;
b. entry of additional United States law enforcement officials;
c. entry of suspect vessels not flying the flag of either Party escorted from waters seaward of either Party’ territorial sea by United States law enforcement officials;
d. United States law enforcement aircraft to land and temporarily remain at international airports for the purposes of resupplying fuel and provisions, medical assistance, minor repairs, weather, and other logistics and related purposes;
e. United States law enforcement aircraft to disembark and embark United States law enforcement officials, including additional law enforcement officials;
f. the escort of persons other than Dominican nationals, from suspect vessels escorted by United States law enforcement officials through and exiting out of Dominican territory; and
g. United States law enforcement aircraft to disembark, embark, and depart out of Dominican territory with persons, including migrants, other than Dominican nationals, from suspect vessels.”
20. In case a question arises in connection with implementation of this agreement either party may request a meeting to resolve the matter. If any loss or injury is suffered as a result of any action taken by the law enforcement or other officials of one party in contravention of this agreement or any improper or unreasonable action is taken by a party pursuant thereto the parties shall meet at the request of either party to resolve the matter and decide any questions relating to compensation.
21. Except as provided in paragraph 18, nothing in this agreement is intended to alter the rights and privileges due any individual in any legal proceeding.
ENTRY INTO FORCE AND DURATION
22. This agreement shall enter into force upon signature by both parties.
23. This agreement may be terminated at any time by either party upon written notification to the other party through the diplomatic channel, such termination to take effect one year from the date of notification.
24. This agreement shall continue to apply after termination with respect to any administrative or judicial proceedings arising out of actions taken pursuant to this agreement.
In witness whereof, the undersigned, being duly authorized by their respective governments, have signed this agreement.
Done at Santo Domingo, this 23rd day of March of 1995, in the English and Spanish languages, each text being duly authentic.