Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Franse Republiek inzake het wederzijdse recht van achtervolging tijdens maritieme antidrugsoperaties in de nabijheid van Saint Martin en Sint Maarten

The government of the Kingdom of the Netherlands

and

the government of the French Republic, hereinafter referred to as “Parties”;

Having regard to the Agreement concerning the cooperation in suppressing illicit maritime trafficking in narcotic drugs and psychotropic substances in the Caribbean area, completed in San Jose on April 10, 2003, specifically articles 9, 11, 12, 13, 19 and 31.1, hereinafter referred to as the “San Jose Agreement”;

Recalling their rights and responsibilities as coastal States under the United Nations Convention on the Law of the Sea of 10 December 1982, hereinafter referred to as “the Convention”;

Having regard to the Agreement between the Government of the French Republic and the Government of the Kingdom of the Netherlands on insular cooperation for police affairs in Sint Maarten, completed in Paris on October 7, 2010, specifically article 13.7.c, hereinafter referred to as the “Franco-Dutch customs treaty”;

Considering that each Party exercises its sovereignty over its territory on the island of Saint Martin – Sint Maarten;

Considering that both the French maritime services and the Dutch Caribbean Coast Guard wish to cooperate in the territorial sea of the French Republic and in the territorial sea of the Kingdom of the Netherlands in respect of Sint Maarten in order to prevent, investigate and prosecute violations of their respective national legislation in general, and maritime counter drugs operations in particular;

Considering that the increase of drug trafficking is a serious threat to health, security and public safety, that it is harmful to the economic, fiscal and social interests of the above mentioned island and that drug trafficking is a typical international well organized and cross-bordering crime;

Considering the limited number and availability of maritime law enforcement assets, which should be deployed in the most efficient way in order to contribute to the joint counter drug mission;

Convinced of the necessity to strengthen cooperation between their authorities responsible for maritime surveillance and wishing to establish procedures for the exchange of operational information related to drug trafficking in their jurisdictions and procedures for operational and logistical support for counter drug operations;

Wishing to develop standard operating procedures for the conduct of maritime counter drug operations in support of the other Party, if necessary in its territorial sea;

Have agreed as follows:

Article 1. Definitions

For the purposes of this Agreement:

• a). “illicit traffic” has the same meaning as defined in the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances;

• b). “suspect vessel” means any vessel in respect of which there are reasonable grounds to suspect that it is engaged in illicit traffic, as defined in paragraph (l) of Article 1 of the San Jose Agreement;

• c). “pursuit” refers to entry in the other Party’s territorial sea, as provided by article 4, paragraph 1 of the San Jose Agreement, in the event of unplanned law enforcement operations regarding a suspect vessel, excluding boarding and immobilization of a vessel and any measure of law enforcement, including such as warning orders;

• d). “joint maritime operations” refers to planned maritime operations set up to detect and monitor suspect vessels. These operations are strictly limited to the sole observation of suspect vessels. They rule out any interception, use of constraint or deprivation of freedom.

Article 2. Objectives

This Agreement has the objective:

• a). to create the conditions and procedures by which both Parties have permission to enter each other’s territorial sea during their patrols to conduct surveillance operations in accordance with the objectives of article 2 of the San Jose Agreement in support of the other Party;

• b). to create the best conditions enabling the outcome of maritime law enforcement operations initiated by each Party;

• c). to specify the technical and operational provisions for operations conducted within the framework of the San Jose Agreement, in accordance with the national law of each Party;

• d). to synchronize actions of both Parties, focused on the fight against drug trafficking in a more firm, efficient and effective way;

• e). to join forces to combat or control drug trafficking.

Article 3. Geographical limitations

This Agreement applies:

• a). for maritime operations: to all actions conducted inside the French and Dutch territorial seas of Saint-Martin – Sint Maarten, excluding internal waters;

• b). for pursuit: to all actions executed inside the French and Dutch territorial seas of Saint-Martin – Sint Maarten, excluding internal waters.

Article 4. Services involved

The maritime services covered by this Agreement are:

• a). for the French part: French Customs, Navy and Gendarme, under the coordination of French State Action at Sea (AEM), represented by the French Government delegate for maritime law enforcement in the Caribbean;

• b). for the Kingdom of the Netherlands part: the Dutch Caribbean Coast Guard (DCCG) including Royal Netherlands Navy Units under DCCG tactical command (TACOM), represented by the director of the Dutch Caribbean Coast Guard.

Article 5. Operational points of contact

• a). coordinates all internal activities related to information sharing, and arranges meetings to ensure no knowledge bottlenecks exists in the situational awareness;

• b). serves as the primary liaison within the individual teams for request of clarity and information management;

• c). reports to the operational POC of the other Party the progress of the operations indicated in the information requested or information supplied;

• d). transmits to the operational POC of the other Party the schedules of operations established under this Agreement;

• e). issues and receives reports of operational activities produced in application of this Agreement.

Article 6. Permanent mutual operational support framework for joint maritime operations

A permanent mutual operational support framework is established for joint maritime operations.

This operational support framework includes:

• 1. Joint maritime operations

• a). The Parties agree to try and plan joint maritime operations with their respective assets. To this end, liaison officers of one Party may embark on board the assets of the other Party, as provided by article 4, paragraph 2, and article 9 of the San Jose Agreement;

• b). The embarkment of liaison officers is limited to observation only and in liaison with their national authorities;

• c). The main objective of joint maritime operations is to detect and monitor, and is strictly limited to the sole observation of a vessel of interest. These operations rule out any interception, use of constraint or deprivation of freedom. They are conducted under the provisions of article 4, paragraphs 2 and 4, and articles 11, 14 and 21 of the San Jose Agreement.

• 1. Implementation of joint maritime operations During the operations described in paragraph 1 of this Article, when a vessel of interest is detected by one Party, operating in the territorial sea of the other Party, which requires immediate reaction, that Party is to notify the other Party immediately with all relevant information, including position and time of sighting, description and name of vessel involved, course and speed of vessel and all other information relating to offences suspected in relation with drug trafficking. These reports should be done in the most appropriate and direct way and always be followed by a written report.

Article 7. Pursuit

• a). a first notification is made when pursuing law enforcement officers, while still in their territorial sea or in the high seas, anticipate (for instance due to the direction taken by the vessel pursued) that this vessel may enter the other Party’s territorial sea;

• b). a second notification is made when pursuing law enforcement officers intend to enter the other Party’s territorial sea.

Article 8. Limitations to Pursuit

In accordance with the provisions of the San Jose Agreement, cross-border operations conducted within this operational support framework are limited to the following:

• a). all actions in the territorial sea of a Party are always conducted under the law enforcement authority of this Party;

• b). while in the territorial sea of the other Party, pursuing law enforcement officers of a Party and its vessels shall comply with the legislation of that first Party and shall be bound to respect the instructions that rule out any use of force (which includes warning orders and immobilization of a suspect vessel) while waiting for an asset belonging to the one Party to take over the pursuit;

• c). while in the territorial sea of the other Party, pursuing law enforcement officers of one Party do not use their weapons, except in self-defense;

• d). while in the territorial sea of the other Party, pursuing law enforcement officers of one Party do not exercise any prerogative of public authority other than that of rescuing and assisting persons in danger.

Article 9. Reports

After the completion of the operations stated in Article 7 of this Agreement, the operational POC from the pursuing law enforcement officers’ side issues a report stating the area of operation, time frame and a list of all vessels observed including their name, type, position, course and speed and any characteristics of particular interest.

This report is sent to the operational POC of the other Party within 24 hours of the completion of the operation.

Article 10. Port calls during operations

• a). for technical reasons (damage to ship or the engine);

• b). for personal distress (rescue, disembarkation of sick or injured);

• c). due to weather conditions.

The other Party provides all relevant information regarding the emergency.

Article 11. Exercises

Coordinated exercises are held at regular intervals in order to train the crews of maritime assets involved in this Agreement to communicate with each other.

Article 12. Evaluation of the operational support framework

Article 13. Amendment

This Agreement may be amended by the mutual written consent of the Parties. Any amendment shall enter into force in accordance with the provisions laid down in Article 16.

Article 14. Termination

Article 15. Dispute resolution

Any dispute concerning the interpretation or application of this Agreement shall be settled by consultation between the Parties.

Article 16. Entry into force