Proliferation Security Initiative Ship Boarding Agreement with Panama

Amendment to the Supplementary Arrangement Between the Government of the United States of America and the Government of the Republic of Panama to the Arrangement Between the Government of the United States of America and the Government of Panama for Support and Assistance from the United States Coast Guard for the National Maritime Service of the Ministry of Government and Justice

Signed May 12, 2004; provisionally applied from May 12, 2004; entered into force December 1, 2004.

[Text of February 2002 U.S.-Panama Supplementary Arrangement on U.S. Coast Guard Assistance.]

The Government of the United States of America and the Government of the Republic of Panama (hereinafter “the Parties”):

Bearing in mind that the Arrangement between the Government of the United States of America and the Government of Panama for Support and Assistance from the United States Coast Guard for the National Maritime Service of the Ministry of Government and Justice, signed at Panama, March 18, 1991 (hereinafter “the Arrangement”), and the Supplementary Arrangement between the Government of the United States of America and the Government of the Republic of Panama to the Arrangement between the Government of the United States of America and the Government of Panama for Support and Assistance from the United States Coast Guard for the National Maritime Service of the Ministry of Government and Justice, signed at Panama, February 5, 2002 (hereinafter “the Supplementary Arrangement”), establish a program for conducting bilateral maritime law enforcement operations to stop illegal activities, such as the international trafficking of drugs, illegal fishing and transportation of contraband;

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 these may fall into the hands of terrorists;

Recalling the January 31, 1992, United Nations Security Council Presidential Statement that proliferation of all WMD constitutes a threat to international peace and security, and underlines the need for Member States of the United Nations to prevent proliferation;

Recalling also United Nations Security Council Resolution 1373 of September 28, 2001, which, inter alia, noted with concern the close connection between international terrorism and illegal movement of nuclear, chemical, biological and other potentially deadly materials, and in this regard emphasized the need to enhance coordination of efforts on national, subregional, regional and international levels in order to strengthen a global response to this serious challenge and threat to international security, and called upon States to find ways of intensifying and accelerating the exchange of operational information, especially regarding the threat posed by the possession of weapons of mass destruction by terrorist groups;

Recalling further the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Paris, January 13, 1993; the Treaty on Non-Proliferation of Nuclear Weapons, done at Washington, London and Moscow, July 1, 1968; and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, done at Washington, London and Moscow, April 10, 1972;

Acknowledging the widespread consensus that proliferation and terrorism seriously threaten international peace and security;

Convinced that trafficking in WMD, their delivery systems, and related materials by States and non-state actors of proliferation concern must be stopped;

Inspired by the Statement of Interdiction Principles for the Proliferation Security Initiative, Paris, September 4, 2003;

Reaffirming the importance of the customary international law of the sea, as reflected in the 1982 United Nations Convention on the Law of the Sea; and

Desiring to amend the Supplementary Arrangement in order to enhance cooperation between the Parties to prevent illicit traffic involving proliferation by sea of WMD, their delivery systems, and related materials to or from States and non-state actors of proliferation concern;

Have agreed to amend the Supplementary Arrangement as follows:

Article I

1. Paragraph (b) of Article II of the Supplementary Arrangement, Definitions, is amended to read:

“(b) “illicit traffic” also includes proliferation by sea and other illegal activities prohibited by international law, including other international conventions to which both States are party, but only to the extent enforcement pursuant to this Supplementary Arrangement is authorized by the laws of both Parties.”

2. The following paragraphs (u) through (y) are added to Article II of the Supplementary Arrangement, Definitions, as follows:

“(u) “Proliferation by sea” means the transportation by ship of weapons of mass destruction, their delivery systems, and related materials to or from States and non-state actors of proliferation concern.
(v) “Weapons of mass destruction (WMD)” means nuclear, chemical, biological and radiological weapons.
(w) “Related materials” means materials, equipment and technology, of whatever nature or type, that are related to and destined for use in the development, production, utilization or delivery of WMD.
(x) “Items of proliferation concern” means WMD, their delivery systems, and related materials.
(y) “States and non-state actors of proliferation concern” means those countries or entities that should be subject to interdiction activities because they are or are believed to be engaged in: (1) efforts to develop or acquire WMD or their delivery systems; or (2) transfers (either selling, receiving, or facilitating) of items of proliferation concern.”

3. Paragraph 3 of Article III of the Supplementary Arrangement, Designated Auxiliary Personnel, is amended to read:

“3. Except as provided in paragraph 3 of Article XV, the designated auxiliary personnel shall not have the powers conferred by this Supplementary Arrangement on law enforcement officials, and their actions shall be limited to providing the technical support described in the notice of their functions given to the other Party.”

4. Paragraph 3 of Article XV of the Supplementary Arrangement, Conduct of Law Enforcement Officials, is amended to read:

“3. Boardings and searches pursuant to this Supplementary Arrangement shall be carried out by law enforcement officials from law enforcement ships or aircraft, or from technical support vessels of a Party or of third States, and, in emergencies and under exceptional circumstances, may be assisted by designated auxiliary personnel from technical support vessels or aircraft of a Party or of third States. However, when law enforcement officials are not readily available, boardings and searches undertaken pursuant to Article X of this Supplementary Arrangement to suppress proliferation by sea may, upon advance notice to the other Party, also be carried out by designated auxiliary personnel. These personnel shall in such cases be subject to the provisions in this Supplementary Arrangement governing the conduct and operations of law enforcement officials.”

Article II

1. The Parties agree that the Government of the Republic of Panama may extend, mutatis mutandis, all rights under the Supplementary Arrangement as amended by the present Amendment concerning vessels suspected of proliferation by sea, claiming its nationality and located seaward of any State’s territorial sea, to such third States as it may deem appropriate, on the understanding that such third States shall likewise comply with all conditions set forth in the present Amendment and with those provisions of the Supplementary Arrangement agreed between the Government of the Republic of Panama and the third States for the exercise of such rights. Further, the Government of the Republic of Panama and such third States shall identify Liaison Offices and liaison officials in accordance with Article XII of the Supplementary Arrangement.

2. Such third States shall enjoy rights and be subject to all conditions governing their exercise as set forth in paragraph 1 of this Article, effective on the date of notification by the third State to the Government of the Republic of Panama that it will comply with the conditions for the exercise of those rights.

3. Such rights may be modified by written agreement between the Government of the Republic of Panama and the third State and shall be effective on the date agreed by the Government of the Republic of Panama and the third State.

4. Such rights shall be revocable by the Government of the Republic of Panama or the third State by written notification. Such rights shall be revoked, and the conditions governing their exercise shall cease to apply, effective on the date of such notification.

Article III

1. The Parties shall apply this Amendment provisionally from the date of its signature. This Amendment shall enter into force on the date that the Government of the United States of America notifies the Government of the Republic of Panama that its necessary internal procedures have been completed, and shall remain in force concurrent with the Supplementary Arrangement.

2. Either Party may discontinue provisional application at any time. Each Party shall notify the other Party immediately of any constraints or limitations on provisional application, of any changes to such constraints or limitations, and upon discontinuance of provisional application.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Amendment.

DONE AT Washington, this 12th day of May, 2004, in duplicate, in the English and Spanish languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:
/s/ John R. Bolton
[JOHN R. BOLTON
Under Secretary of State for
Arms Control and International
Security Affairs]
FOR THE GOVERNMENT OF
THE REPUBLIC OF PANAMA:
/s/ Arnulfo Escalona
[ARNULFO ESCALONA
Minister of Government and Justice]