Operations seaward of the territorial sea
1 Whenever law enforcement officials representing Parties encounter a suspect vessel flying the flag of another Party or claiming to be registered in the country of another Party, located seaward of any State's territorial sea, this Agreement constitutes the authorization of the Parties for the boarding and search of the suspect vessel and the persons found on board by such officials. If evidence of piracy or armed robbery against ships is found, law enforcement officials may detain the vessel and persons on board pending expeditious disposition instructions from the Government of the flag State.
2 Except as expressly provided herein, this Agreement does not apply to or limit boardings of vessels seaward of any State's territorial sea, conducted by either Party in accordance with international law, whether based, inter alia, on the right of visit, the rendering of assistance to persons, vessels, and property in distress or peril, the consent of the vessel master, or an authorization from the flag State to take law enforcement action.
Jurisdiction over detained vessels
1 In all cases arising in territorial waters, or concerning vessels flying the flag of a Party seaward of any State's territorial sea, the Party whose flag is being flown by the suspect vessel shall have the primary right to exercise jurisdiction over a detained vessel, cargo and/or persons on board (including seizure, forfeiture, arrest, and prosecution), provided, however, that the Party may, subject to its constitution and laws, waive its primary right to exercise jurisdiction and authorize the enforcement of another Party's law against the vessel, cargo and/or persons on board.
2 Instructions as to the exercise of jurisdiction pursuant to paragraph 1 shall be given without delay.
Implementation
1 Operations to suppress piracy and armed robbery pursuant to this Agreement shall be carried out only against suspect vessels, including vessels without nationality, and vessels assimilated to vessels without nationality.
2 All Parties will utilize the incident command system when operating in conjunction with another Party in a complex operation within the scope of this Agreement.
3 All Parties will agree on uniform reporting criteria in order to ensure that an accurate assessment of the threat is developed. Furthermore, all Parties will endeavour to ensure that reporting vessels are not unduly detained for investigative purposes. A summary of reports to each Party shall be shared at least annually with the other Parties.
4 A Party conducting a boarding and search pursuant to this Agreement shall promptly notify the other Party of the results thereof. The relevant Party shall timely report to the other Party, consistent with its laws, on the status of all investigations, prosecutions and judicial proceedings resulting from enforcement action taken pursuant to this Agreement where evidence of piracy and armed robbery has been found.
