THE MARlTIME DRUG (SUPPRESSION) ACT

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MARlTlME DRUG TRAFFKKING (SUPPRESSION)THE MARlTIME DRUG TRAFFICKING(SUPPRESSION) ACTARRANGEMENT OF SECTIONSPUT I. Preliminary1. Short title.2. Interpretation.3. Application of the Act to treaty States.Establishment of Central Authority.4.PART II. Requests by Jamaica5. Requests by Jamaica relating to waterssea.seaward of territorial6 . Contents of request.7. Request for assistance to condwt patrols. etc. in Jamaicanwaters.8. Embarking on treaty State’s law enforcement vessels.9. Law enforcement actions. responsibility of Jamaican law enforce-ment officials.10. Authority of Jamaican law enforcement officials on board treatyState’s vessel.11. Permission to follow aircraft or vessel into treaty State waters.12. Permission to overfly treaty State waters.PARTIII. Requests by treaty State13. Requests by treaty States relating to waters seaward ofterritorialsea.14. Contents of request by treaty State.15. Request for assistance to conduct patrol. etc., in treaty Statewaters.n#heinclusion of this page is authorized ,byL.N. 146/ 19991

2MARITIME DRUG TRAFFICKING (SUPPRESSION)16. Embarking on Jamaican law enforcement vessels.17. Authority of law enforcement officials of a treaty State on boardJamaican vessels.18. Permission to follow aircraft or vessel in Jamaican waters.19. Aircraft support in Jamaican airspace or Jamaican waters.PART IV. General20. Waiver of jurisdiction.21. Extension of laws of Jamaica to offences committed on vesselsoutside Jamaican waters.22. Rcgdationa.inclusion of this page is authorized bry L.N. 146/ 19991

MARITIME DRUG TRAFFICKING (SUPPRESSION)THE MARITIME DRUG TRAFFICKING(SUPPRESSION) ACT:3Ad1d1W.[28th February, 1998.1PARTI. Preliminary1. This Act may be cited as the Maritime Drug Trafficking (Suppression) Act.2. In this Act-“Central Authority” means the Authority establishedunder section 4;“the Convention” means the United Nations Convention Against Illicit Traffic in Narcotic Drugs andPsychotropic Substances;“illicit traffic” has the same meaning as in the Convention;“Jamaica” has the same meaning as in the JamaicaIndependence Act;“Jamaican airspace” means the airspace over Jamaicaand Jamaican waters;“Jamaican waters” means the internal waters ofJamaica as defined in section 4 of the MaritimeAreas Act, the archipelagic waters of Jamaica asdefined in section 5 of that Act and the territorialsea of Jamaica as defined in section 12 of that Act;“law enforcement officials” means(a) members of the Jamaica ConstabularyForce or members of the Jamaica DefenceForce; or[The iiiclusion of this page is authorized by L.N. 146/ 19991Short title.Interprefation.

4MARlTlME DRUG TRAFFZCKING (SUPPRESSION)(b) any person designated as such by a treatyState;“law enforcement vessels” means(a) ships clearly marked and identifiable asbeing on government non-commercialservice and authorized and used for lawenforcement purposes; and(b) any boat or aircraft embarked on suchships;“treaty State” means any foreign State in relation towhich an order under section 3 (1) is for the timebeing in force and includes(a) a colony, territory, protectorate or otherdependency of such State;(b) a territory for the international relationsof which such State is responsible;“treaty State waters” means waters under the sovereignty of a treaty State.ApplicationtreatySlatea.3.-(1) Where any maritime drug trafficking treaty hasbeen made with any foreign State, the Minister may, byorder, declare that the provisions of this Act shall apply inrespect of that foreign State, subject to such exceptions,adaptations or modifications, as the Minister, having dueregard to the ternis of such treaty, may deem expedient tospecify in the order for the purposes of implementing thoseterms.12) The Minister may from time to time by order,compile and publish in the Gazette a list of foreign Stateswith which maritime drug trafficking treaties are in force;and, without prejudice to any other form of proof of theImbe inclusion of this page is authorized by L.N. 146/1999]

MARITIME DRUG TRAFFICKING (SUPPRESSION)5existence of such treaty, such an order shall, in any proceedings, be conclusive evidence that a maritime drug trafficking treaty is in force between Jamaica and each foreignState named in the list.(3) An order under this section shall be subject toaffirmative resolution.4.-(1)There is hereby established an Authority to beknown as the Central Authority which shall be the Ministerresponsible for national security or any person designatedby him for the purpose of performing such functions orduties of the Central Authority as may be specified in theinstrument of designation.Establishment ofCentrdAuthority.(2) The Central Authority shall have the power tomake, receive and approve requests for assistance as specified in this Act.PART11. Requests by Jamaica5 . 4 1 ) Where Jamaican law enforcement officials havereasonable grounds for suspecting that a foreign vessel ofa treaty State is engaging in illicit traffic seaward of anyState's territorial sea, the Central Authority may requestthat State in which the foreign vessel is registered or claimsto be registered to verify the registration of that vessel and,if verified, to authorize the boarding and search of suchvessel, its cargo and persons found on board.(2) A request made under this section shall be conveyed orally and confirmed in writing to the competentauthority of the treaty State and shall state the grounds onwhich it is made.(3) A vessel shall be deemed to be flying the flag ofor registered in a treaty State if it is registered or licensed[%heinclusion of this page is authorized by L.N. 146/ 19991 y arelating towatere seaward ofzbfia*

M A RI TIME DR UG T RA FPIC KING (SUPPRESSION)as a fishing vessel under the laws of that State relating tofishing or the fishing industry.Con,tents.of request.6.-(1) A request for authorization to board and searcha vessel shall contain(a) the name, homeport and registration number ofthe vessel;( b ) the grounds for suspecting that the vessel is engaged in illicit traffic;(c) such other information as may be necessary toidentify the vessel.(2) Jamaican law enforcement officials shall, whilecarrying out a boarding and search, take into account theneed(a) not to endanger the safety of life at sea or thesecurity of the vessel being searched and of itscargo;(b) not to prejudice the commercial and legal interestsof the treaty State or any other interested State;of courtesy, respect and consideration for the persons on board that vessel.(c) to observe norms(3) Where, as a result of any search carried out on avessel, evidence is found of illicit traffic, the Jamaican lawenforcement officials(a) shall forthwith(i) inform the treaty State of the results of thesearch and of the names and nationality, ifknown,of the persons on board the vessel;(ii) request the treaty State to give directions asto the disposition of the vessel, cargo andpersons on board;-F h e inclusion of this page is authorized by L.N. 146119991

7MARITIME DRUG TRAFFICKING (SUPPRESSION)(5) may detain the vessel, cargo and persons on boardpending receipt of such directions.(4) Jamaican law enforcement officials shall, whenboarding a vessel and carrying out a search thereon, avoidthe use of force in any way, including the use of firearmsexcept in the following cases(a) in the exercise of the right of self-defence;(b) to compel the vessel to stop where the vessel hasignored the standard warnings given by theJamaican law enforcement officials to do so;(c) to maintain order on board the vessel while theboarding and search are being carried out or whilethe vessel is being detained, in circumstanceswhere-(9 the crew or persons on board resist or impede the boarding or search or try todestroy evidence of illicit traffic; or(ii) the vessel attempts to flee during the boarding or search or while it is being detained.(5) Jamaican law enforcement officials may carrysmall arms while conducting a boarding and search of anyvessel and shall only discharge them(a) when it is not possible to apply less extrememeasures; and(b) with the prior authorization of the treaty State,except where warning shots are required as a signal for avessel to stop or in the exercise of the right of selfdefence.7.-(1) The Central Authority may request assistance R e q - t haa9iat.ncefrom a treaty State for the provision by that State of law Q coodudenforcement vessels to effectively carry out patrols and conduct surveillance in Jamaican waters for the prevention and *detection of illicit traffic.zy2@he inclusion of this page is authorized by L.N. 146/ 19991

8MARITIME DRUG TRAFFICKING (SUPPRESSION)(2) Where a treaty State agrees to provide assistancein response to a request made under subsection (11, theCentral Authority shall request the treaty State to providethe following information(Q) the name and description of the law enforcementvessel;(b) the date when and the period during which it willbe made available;(c) the name of the Commanding Officer; and(4 such other information as the Central Authorityconsiders relevant.Embarkingon treatyState’s laweoforce-mentvessels.The Central Authority may designate law enforcement officials who may, for the conduct of law enforcement operations for the prevention, detention and suppression of illicit traffic by vessels in Jamaican waters, embarkon law enforcement vessels belonging to a treaty State.8.-(1)(2) The law enforcement officials may, while embarkedon law enforcement vessels belonging to a treaty State(a) enforce the laws of Jamaica in Jamaican waters,and seaward therefrom in the exercise of the rightof hot pursuit, or otherwise, in accordance withinternational law; and(b) authorize the entry of the law enforcement vesselsinto and their navigation within Jamaican waters.Law en-forcementaotions,Tmibiltty ofJamaicanlaw enforcementoftkids.9. Any law enforcement action, including boardings,searches or seizures, detentions and the use of force, whetheror not involving weapons, carried out pursuant to section8, shall be the responsibility of and carried out by Jamaicanlaw enforcement officials in accordance with Jamaican law.[The inclusion of this page is authorized by L.N. 146/1999]

MARITIME DRUG TRAFFICKING (SUPPRESSION)910. Where Jamaican law enforcement officials are embarked on a law enforcement vessel of a treaty State thoseofficials shall carry out law enforcement action as describedin section 9 so, however, that(a) crew members of the treaty State's law enforcementaction if expressly requested to do so by thevessel may assist in any such law enforcementaction by Jamaican law enforcement officials incommand but only to the extent and in the mannerrequested; and( h ) any such assistance shall be rendered in accordancewith the relevant Jamaican laws, to the extent thatthose laws are not inconsisent with the laws of thetreaty State.1 1 4 1 ) Where Jamaican law enforcement officials havereasonable grounds to suspect that a foreign aircraft orforeign vessel is engaged in illicit traffic, the Central Authority may request permission of the relevant treaty State for aJamaican law enforcement vessel to follow the foreign aircraft or foreign vessel into the treaty State waters or to enterthose waters or that State's airspace in order to maintaincontact with the aircraft or vessel and to investigate, boardand search such vessel.(2) A request made under this section shall be conveyed orally and confinned in writing to the competentauthority of the treaty State and shall state the grounds onwhich it is made.(3) The Central Authority, in making a requestunder subsection (U, shall specify the special circamstanceswhich exist arid the grounds for the alleged suspicion.(4) All boardings and searches of foreign vesselssuspected of illicit traffic, carried out pursuant to permission-[The inclusion of this mge is authorized by L.N.146/1999]--Authoriwof Jamaicanlaw en-FEzsynboard treatyState's&.Permissionto followaircraftorE: &\

':10MARITIME DRUG TRAFFICKING (SUPPRESSION)granted by a relevant treaty State shall be conducted inaccordance with the laws of that State.(5) Where as a result of boarding and search,evidence is found of illicit traffic on a foreign vessel(a) the relevant treaty State shall be promptly informed of the results of the search;(b) that vessel and cargo and persons found on boardshall unless the relevant treaty State otherwisedirects, be detained and taken to a designated portwithin the waters of that State,and thereafter, all law enforcement action shall be under thecontrol and direction of the law enforcement officials, andceiiducted in accordance with the laws of the relevant treatyState.q(6) Where special circumstances exist which make itessential for Jamaican law enforcement officials to maintaincontact with a foreign aircraft or foreign vessel suspectedof illicit traffic which is in or is entering the treaty Statewaters or the treaty State airspace, the Jamaican lawenforcement vessel may, upon notice to the person designated by the competent authority of the relevant State,enter those waters for the sole purpose of maintaining contact with that aircraft or vessel pending a response to therequest for permission under subsection (1).Permissionto overBytreatyStatd12.41) Where Jamaican law enforcement officials havereasonable grounds to suspect that a foreign vessel orforeign aircraft is engaged in illicit traffic and that vessel oraircraft is located in or over, or is entering the airspace orwaters of a treaty State, those officials shall provide thecompetent authority of the treaty State with informationregarding that aircraft or vessel and may make a requestfor Jamaican aircraft1[The inclusion ofthis page i s authorized by L.N. 146119991

11MARITlME DRUG TRAFFICKING (SUPPRESSION)(a)to overfly the territory and waters of that State inpursuit of the foreign aircraft or foreign vesselfleeing into or located within that State’s airspaceor waters;(b) to manoeuvre to maintain visual and electroniccontact with that aircraft or vessel.(2) Where a request referred to in subsection (1) isgranted, the Central Authority shall, before any Jamaicanaircraft overflies the territory of the relevant treaty State ormanoeuvres to maintain CoEtact, give notice of the overflightand manoeuvre to the competent authority and the civilaviation authority of that State; and the aircraft shall complywith all air navigation and flight safety directions given bythat State’s civil aviation authority.(3) Where circumstances exist which make it essential for Jamaican law enforcement officials to maintain contact with a foreign aircraft or foreign vessel suspected ofillicit traffic which is in or entering the treaty State watersor the treaty State airspace the Jamaican law enforcementaircraft may, upon notice to the competent authority ofthe treaty State and its civil aviation authority, enter andmanoeuvre within the treaty State airspace for the sole purpose of maintaining contact with the foreign aircraft orforeign vessel pending a response to the request for permission under subsection (1).PARTm. Requests by treaty State13.-(1) Assistance may be provided by the CentralAuthority to a treaty State on request, to(a) verify the registration of a vessel which is(i) suspected by that State of being engaged inillicit traffic seaward of any State’s territorialsea; and--- - -- --- -I---[meinclusion ofthis page is authorized by L.N. 146/ 19991Requestsbytreaty Staterelating towaters sea-ward ofterritorialsea

12MARITIME DRUG TRAFFKKING (SUPPRESSION)(ii) registered or claiins to be registered inJamaica; and(6) authorize the boarding and search of such vessel,its cargo and persons found on board.(2) A request made under this section shall be con-veyed orally and confirmed in writing to the CentralAuthority and shall state the grounds on which it is made.(3) A vessel shall be deemed to be flying the flag of orregistered in Jamaica if it is registered or licensed as a fishingvessel under the laws of Jamaica relating to fishing or thefishing industry.(4)Where the Central Authority verifies that thevessel is registered in Jamaica and is satisfied that there arereasonable grounds to believe that the vessel is engaged inillicit traffic, the Central Authority may authorize the lawenforcement officials of the treaty State to board and searchthat vessel, its cargo and persons found on board.Contents ofrequest bytreaty State.14.-(1)A request for authorization to board and searcha vessel shall contain(a) the name, homeport and registration number ofthe vessel;(b) the grounds for suspecting that the vessel or aircraft is engaged in illicit traffic;,(c) such other information as may be necessary toidentify the vessel.(2) Law enforcement officials of the treaty Stateshall, when boarding and carrying out a search on aJamaican vessel, take into account the need(a) not to endanger the safety of life at sea or thesecurity of the vessel being searched and of itscargo;p h e inclusion of this page is authorized by L.N. 146/ 19991

13MARITIME DRUG TRAFFICKING (SUPPRESSION)(b) not to prejudice the commercial and legal interestsof Jamaica or any other interested State;(c) to observe norms of courtesy, respect and consideration for the persons on board that vessel.(3) Where, as a result of any search carried out ona Jamaican vessel, evidence is found of illicit traffic, the lawenforcement officials of the treaty State(a) shall forthwith(i) inform the Central Authority of the namesand nationality, if known, of the persons onboard the vessel;(ii) request the Central Authority to give directions as to the disposition of the vessel,cargo and persons on board;Ib) may detain the vessel, cargo and persons on boardpending receipt of such directions.(4) Law enforcement officials of the treaty Stateshall, when boarding and carrying out a search on aJamaican vessel, avoid the use of force, in any way, including the use of firearms, except in the following cases(a) in the exercise of the right of self-defence;(b) to compel the Jamaican vessel to stop where thevessel has ignored the standard warnings given bythe law enforcement officials of the treaty State todo so;(c) to maintain order on board the vessel while theboarding and search are being carried out or thevessel is being detained in circumstances where(i) the crew or persons on board resist or impede the boarding or search or try to destroyevidence of illicit traffic; or(ii) the vessel attempts to flee during the boarding or search or while it is being detained.- - ----[The inclusion of this page is authorized by L.N. 146/ 19991--.-

14MARITIME DRUG TRAFFICKING (SUPPRESSION)(5) Law enforcement officials of the treaty State maycarry small arms while conducting a boarding and search ofany vessel, and shall only discharge them'(a) when it is not possible to apply less extrememeasures; and(6) with the prior authorization of the Central Authority, except where warning shots are required as asignal for a vessel to stop or in the exercise of theright of selfdefence.Request forassistanceto conductinpatrols,treatyetc.,sta kwaten.1 5 - 4 1 ) Assistance may be granted by the CentralAuthority on request to a treaty State for the provision byJamaica of law enforcement vessels to effectively carry outpatrols and conduct surveillance in waters of the treatyState for the prevention and detection of illicit traffic.(2) Where Jamaica agrees to provide assistanceunder subsection (I), the Central Authority shall inform thecompetent authority of the treaty State of(a) the name and description of the law enforcementvessel;{b) the date when and the period during which it wiIlbe made available;the name of the Commanding Officer; and(d) any other relevant information.(c)Embarkingon Jamaicanlaw enforcevessels.ment16.--(1) Where assistance is granted to a treaty Statefor the conduct by law enforcement officials of that Stateof law enforcement operations for the prevention, detectionand suppression

MARITIME DRUG TRAFFICKING (SUPPRESSION) :3 Ad 1 d1W. THE MARITIME DRUG TRAFFICKING (SUPPRESSION) ACT [28th February, 1998.1 PART I. Preliminary 1. This Act may be cited as the Maritime Drug Traffick- Short title. ing (Suppression) Act.

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