JAMAICA: DIPNOTE RE FEDERAL AIR MARSHAL SERVICE REQUEST

UNCLAS KINGSTON 000329

SIPDIS

SIPDIS

STATE FOR EEB/TRA/OTP (JOHN EMERY)
WHA/CAR (JOE TILGHMAN)
DHS/TSA (LMCNEIR, AGIOVANNIELLO)
DHS/FAMS (DHOLLEY)

E.O. 12958: N/A
TAGS: EAIR PGOV PTER KTIA JM XL
SUBJECT: JAMAICA: DIPNOTE RE FEDERAL AIR MARSHAL SERVICE REQUEST

REF: (A) 07 STATE 7834 (221953Z JAN 07)
(B) KINGSTON 13 (072054Z JAN 08)


1. Post has received the following diplomatic note from the
Government of Jamaica (GoJ)'s Ministry of Foreign Affairs and
Foreign Trade (MFAFT),dated April 15, 2008:

(Begin text of GoJ's diplomatic note no. 220/701/23)
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The Ministry of Foreign Affairs and Foreign Trade presents its
compliments to the Embassy of the United States of AMERICA and has
the honour to acknowledge receipt of the Embassy's Note No. 2007-019
dated January 30, 2007 proposing an arrangement between the
Government of the United States of AMERICA and the Government of
Jamaica on the deployment of Air Marshals of both countries.

The Ministry of Foreign Affairs and Foreign trade has the further
honour to agree to the proposed arrangements as follows:

Section 1
Purpose and Definitions


1. The purpose of this arrangement is to enhance the security of
charter and regularly scheduled commercial combination flights
between the territories of the participants by providing a framework
for the deployment of Air Marshals on such flights.


2. It is agreed that all obligations and powers to be exercised
pursuant to this arrangement is ((sic)) intended to be carried out
in accordance with and subject to the provisions of the Convention
on Offences and Certain Other Acts Committed On Board Aircraft (the
"Tokyo Convention"),the Convention for the Suppression of Unlawful
Seizure of Aircraft (the "Hague Convention"),and the Convention for
the Suppression of Unlawful Acts Against the Safety of Civil
Aviation ("Montreal Convention")


3. For the purpose of this arrangement:

a. "Air Marshal" means a person who is employed, trained and
accredited by the Government of the Sending State, to a standard
acceptable to the Receiving State, to travel on an aircraft
registered in the Sending State to provide security for that
aircraft and its passengers and crew.

b. 'Participants' means the Governments of Jamaica and the United
States of America.

c. 'Receiving State' means the State other than the Sending State
whose government is the other participant in this arrangement.

d. 'Sending State' means the State of registration of the aircraft.

Section 2
Scope of the Arrangement


1. This arrangement applies to aircraft that engage in charter and
scheduled combination air services, that are registered in one
Participant, and that operate between the territories of the
Participants.


2. This arrangement will also apply to aircraft that in charter and
scheduled combination air services between the territories of a
Participant and a third state, and that are diverted to the
territory of the other Participant.

Section 3
General Intentions of the Sending State

The Sending State expects to:
a) prior to the departure of a flight carrying its Air Marshals,
ensure that the Air Marshals have the appropriate visa to enter the
Receiving State;

b) prior to the departure of a flight carrying its Air Marshals,
instruct the Air Marshals to declare all weapons equipment to police
and customs authorities in the Receiving State on landing and to
comply with the customs laws of the Receiving State;

c) prior to the departure of the flight carrying its Air Marshals,
advise the Receiving State of the identity of the Air Marshals on
board the aircraft and the type and number of weapons and equipment
that the Air Marshals will be carrying.

d) in the event of an incident on board the aircraft, advise the
Receiving State as soon as the Sending State becomes aware of this
incident; and

e) in the event of an incident on board the aircraft and the alleged
offender(s) is (are) detained or arrested and not returned to the
Sending State, ensure that the Air Marshals hand the offender(s)
over to the Receiving State upon landing.

Section 4
General Intentions of the Receiving State


1. The Receiving State expects to:

a. facilitate, in accordance with its laws, the admission into and
departure from its territory of Air Marshals of the Sending State;

b. permit, in accordance with its laws, the entry into and departure
from its territory of the weapons and equipment of Air Marshals of
the Sending State; and

c. take delivery of any person or persons in the custody of Air
Marshals of the Sending State upon arrival in the Receiving State.

Section 5
Operational Arrangements


1. This arrangement is to be implemented in accordance with
operational procedures to be agreed in writing between the
Participants.


2. These operational procedures is ((sic)) to be in accordance with
the terms of this agreement as set our herein.


3. Neither Participant is to disclose to third States or to any
person or entity the content of the operational procedures without
the consent of the other Participant.

Section 6
Observance of Laws of Sending State by Air marshals

The participants expect that, in the performance of their duties
during the flight while in the Sending State, and from the point the
doors of the aircraft are closed for takeoff, and until any external
aircraft doors are open for disembarkation, Air Marshals operating
under this arrangement will exercise their powers in accordance with
the laws of the Sending State.

Section 7
Direction of Air Marshals

The Sending State is expected to direct the law enforcement
activities of its Air Marshals that take place during the flight
while in the Sending State and from the point the doors of the
aircraft are closed for takeoff and until any external aircraft
doors are open for disembarkation.

Section 8
Effective Date

These arrangements are to take effect on a date to be agreed in
writing by the Participants by exchange of Diplomatic Notes.

The Ministry of Foreign Affairs and Foreign Trade avails itself of
this opportunity to renew to the Embassy of the United States of
America the assurances of its highest consideration.

(MFAFT Seal)

Embassy of the United States of AMERICA
KINGSTON

April 15, 2008

(End text of GoJ's diplomatic note no. 220/701/23)
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HEG