Title of Treaty

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America concerning Maritime and Aerial Operations to Suppress Illicit Trafficking by Sea in Waters of the Caribbean and Bermuda.

Command Paper Number: Cm 4154

Subject Matter

The purpose of the Agreement is to establish a framework for maritime counter-drugs cooperation between the US, the UK, the UK's Caribbean Overseas Territories and Bermuda. The Agreement provides for shiprider programmes whereby a party's law enforcement officials embark on another party's government vessels to conduct counter-drugs operations. It gives the procedures to be followed for counter-drugs operations to be continued in another party's territorial waters, for overflights, and for boardings in international waters.

Ministerial Responsibility

Mr Lloyd, Minister of State for Foreign and Commonwealth Affairs, is FCO Minister for Drugs Issues.

Baroness Symons, Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs, is FCO Minister for the Caribbean and FCO Minister for the Overseas Territories.

Policy Considerations

(i) General

These procedures should allow US/UK/Caribbean Overseas Territories vessels and aircraft engaged in counter-drugs operations in the region to pursue drug traffickers as they cross US/UK/Caribbean Overseas Territories territorial waters and international waters with the minimum of delay.

Article 17(9) of the Vienna Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances envisages parties to the Convention entering into bilateral or regional agreements or arrangements to carry out or enhance the effectiveness of the provisions of Article 17 ('Illicit Traffic by Sea').

Partial arrangements with the US, which have been successful, are already in place and the new Agreement will supplement them, speed up the procedures for counter-drugs operations, and cover all the Caribbean Overseas Territories and Bermuda.

The existing arrangements with the US are:

• a 1981 UK/US Exchange of Notes which allows the US to board UK vessels in the Caribbean if they are suspected of having drugs destined for the US on board.
• an MOU which was signed in 1990 by the US, UK, Bahamas, and Turks and Caicos Islands (the "OPBAT" or "TRIPART" MOU). Participants may designate law enforcement personnel to act as OPBAT/TRIPART members to conduct counter-drugs patrols by aircraft over Bahamas and Turks and Caicos territory and waters.
• A MOU signed by the US and British Virgin Islands (BVI) in 1990 which gives US vessels access to BVI territorial waters with BVI law enforcement personnel on board (and vice versa). The new Agreement replaces this last MOU.

The Agreement provides the framework for the existing, successful shiprider programme whereby US Coast Guard law enforcement detachments (LEDETS) on board RN and Royal Fleet Auxilliary ships in the Caribbean conduct boardings of suspected drug trafficking vessels.
 
(ii) Financial
 
There are no significant financial implications.

Implementation

Implementing legislation will be required in the Caribbean Overseas Territories and Bermuda. Model legislation, drawn up by Turks and Caicos Islands, has been circulated to the Caribbean Overseas Territories and Bermuda.

A Memorandum of Understanding between the US Coast Guard and the UK Commander in Chief Fleet concerning the deployment of US Coast Guard Law Enforcement Detachments (LEDETS) on Royal Navy and Royal Fleet Auxiliary Ships has been initialled, and the text is currently being considered by the US departments concerned.

Consultations

The Caribbean Overseas Territories and Bermuda were consulted as the text of the Agreement was negotiated with the US. The Attorneys General of the Caribbean Overseas Territories and Bermuda discussed implementation of the Agreement at their Conference in Anguilla in June 1998.

Presented to Parliament: November 1998

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