日本財団 図書館


Programme for law enforcement officials aboard another Party's vessels

 

1 The Parties shall establish a joint law enforcement liaison officer programme between their law enforcement authorities. Each Party may designate a co-ordinator to organize its programme activities and to notify the other Parties of the types of vessels and officials involved in the programme.

 

2 The Parties may designate qualified law enforcement officials to act as law enforcement liaison officers.

 

3 Subject to the law of the Parties involved, these liaison officers may, in appropriate circumstances:

 

.1 embark on the law enforcement vessels of other Parties;

.2 authorize the pursuit, by the law enforcement vessels on which they are embarked, of suspect vessels fleeing into the territorial waters of the liaison officer's Party;

.3 authorize the law enforcement vessels on which they are embarked to conduct patrols to suppress acts of armed robbery against ships in the liaison officer's Party's territorial waters; and

.4 enforce the laws of the Parties in territorial waters, or seaward there from in the exercise of the right of hot pursuit or otherwise in accordance with international law.

 

4 When a liaison officer is embarked on another Party's vessel, and the enforcement action being carried out is pursuant to the liaison officer's authority, any search or seizure of property, any detention of a person, and any use of force pursuant to this Agreement, whether or not involving weapons, shall be carried out by the liaison officer, except as follows:

 

.1 crew members of the other Party's vessel may assist in any such action if expressly requested to do so by the liaison officer and only to the extent and in the manner requested. Such request may only be made, agreed to, and acted upon in accordance with the applicable laws and policies; and

.2 such crew members may use force in self-defense, in accordance with the applicable laws and policies.

 

5 Parties may only conduct operations to suppress piracy and armed robbery in the waters of another Party with the permission of that Party in any of the following circumstances:

 

.1 an embarked liaison officer so authorizes;

.2 on those exceptional occasions when a suspect vessel, detected seaward of territorial waters, enters the territorial waters of another Party and no liaison officer is embarked in a law enforcement vessel, and no law enforcement vessel from the Party whose territorial waters have been entered by a suspect vessel is immediately available to investigate, the law enforcement vessel may follow the suspect vessel into territorial waters, in order to board the suspect vessel and secure the scene, while awaiting expeditious instructions and the arrival from law enforcement authorities of the Party in whose territorial waters the event took place;

 

 

 

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