JAMAICA: DIPNOTE RE FEDERAL AIR MARSHAL

UNCLAS KINGSTON 000981

SIPDIS

STATE FOR EEB/TRA/OTP (BRIAN SILER)

WHA/CAR (ANDRE CADIEUX)

L/EB (KATHLEEN MILTON)

DHS/TSA (LORETTA MCNEIR, ANTHONY GIOVANNIELLO)

DHS/FAMS (DHOLLEY)

E.O. 12958: N/A
TAGS: EAIR PGOV PTER KTIA PREL 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)
(C) KINGSTON 329 (171911Z APR 08)
(D) STATE 84402 (061607Z AUG 08)
(E) KINGSTON 709 (081444Z AUG 08)
(F) KINGSTON 739 (221848Z AUG 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
November 8, 2008:

(BEGIN TEXT OF JAMAICAN DIPLOMATIC NOTE)
--------------

Ref No.: 358/801/3)

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. 259/08 dated
August 8, 2008 concerning a proposed 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. The Participants intend to carry out air marshal
operations in a manner consistent with the provisions
of the Convention on Offences and Certain Other Acts
Committed On Board Aircraft ("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

engage 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 and 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 decided in writing between
the Participants.


2. These operational procedures should be in accordance
with the terms of this arrangement as set out ((SIC))
herein.


3. Neither Participant intends to disclose to third
States or to any private 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 ((SIC))
-------------- --------------

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 expected to commence on a date
to be determined in writing by the Participants by
exchange of Diplomatic Notes.

If it is acceptable to the Government of the United
States of America, the Ministry proposes that the
arrangements herein commence on the date of this Note
in reply.

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.

(END TEXT OF JAMAICAN DIPLOMATIC NOTE)
-------------- --------------


2. The text of the above note appears to differ from
the text provided reftel (D) only in the following
respects:

-- in Section 5.2, ?set out? (rather than ?set forth?);

-- in the heading of Section 6, ?Air marshals? (rather
than ?Air Marshals?);

-- the addition of the final sentence regarding
commencement.

Action Requested
--------------


3. Post requests that Department advise next steps to
be taken.

HEG