AN ACT to ratify Agreements between Malta and United States of America providing for the boarding of ships suspected of proliferation by sea of weapons of mass destruction or of illicit traffic in narcotic drugs or psychotropic substances.

I assent.

E DWARD F ENECH A DAMI

President

9th November, 2007

ACT XXIV of 2007

AN ACT to ratify Agreements between Malta and United States of

America providing for the boarding of ships suspected of

proliferation by sea of weapons of mass destruction or of illicit

traffic in narcotic drugs or psychotropic substances.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows>

The title of this Act is the Malta-USA Ship-Boarding

Agreements (Ratification) Act , 2007.

(Article 2)

AGREEMENT

BETWEEN

THE GOVERNMENT OF MALTA

AND

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

CONCERNING COOPERATION TO SUPPRESS THE PROLIFERATION OF

WEAPONS OF MASS DESTRUCTION, THEIR DELIVERY SYSTEMS,

AND RELATED MATERIALS BY SEA

The Government of Malta and the Government of the United States of

America, (hereinafter, “the Parties”);

Deeply concerned about the proliferation of weapons of mass destruction

(WMD), their delivery systems, and related materials, particularly by sea, as

well as the risk that these may fall into the hands of terrorists;

Recalling the 31 January 1992 United Nations Security Council Presidential

statement that proliferation of all WMD constitutes a threat to international

peace and security, and underlines the need for Member States of the UN to

prevent proliferation;

Also recalling United Nations Security Council Resolution 1540 (2004),

which calls on all States, in accordance with their national legal authorities

and legislations and consistent with international law, to take cooperative

action to prevent illicit trafficking in nuclear, chemical or biological

weapons, their means of delivery, and related materials;

Recalling further the Convention on the Prohibition of the Development,

Production, Stockpiling and Use of Chemical Weapons and on their

Destruction, done at Paris 13 January 1993; the Treaty on Nonproliferation

of Nuclear Weapons, done at Washington, London and Moscow 1 July

1968; and the Convention on the Prohibition of the Development,

Production and Stockpiling of Bacteriological (Biological) and Toxin

Weapons and on their Destruction, done at Washington, London and

Moscow 10 April 1972;

Further recalling the International Ship and Port Facility Security Code,

adopted by the International Maritime Organization (IMO) on 12 December

2002;

Acknowledging the widespread consensus that proliferation and terrorism

seriously threaten international peace and security;

Convinced that trafficking in these items by States and non-state actors of

proliferation concern must be stopped;

Guided by the Statement of Interdiction Principles for the Proliferation

Security Initiative;

Inspired by the efforts of the IMO to improve the effectiveness of the

Convention for the Suppression of Unlawful Acts against the Safety of

Maritime Navigation, done at Rome 10 March 1988;

Reaffirming the importance of customary international law of the sea as

reflected in the 1982 United Nations Convention on the Law of the Sea;

Committed to cooperation to stop the flow by sea of WMD, their delivery

systems, and related materials to or from States or non-state actors of

proliferation concern;

Have agreed as follows

Article 1

Object, Purpose and Scope

1. The object and purpose of this Agreement is to promote cooperation

between the Parties to enable them to prevent the transportation by sea of

items of proliferation concern.

2. The Parties shall carry out their obligations and responsibilities under

this Agreement in a manner consistent with the principles of international

law pertaining to the sovereign equality and territorial integrity of States and

freedom of navigation, on the basis of the principle of reciprocity.

3. The Parties shall cooperate to the fullest extent possible, subject to the

availability of resources and in compliance with their respective laws.

Article 2

Definitions

For the purposes of this Agreement, unless the context otherwise requires

1. “Proliferation by sea” means the transportation by ship of weapons of

mass destruction, their delivery systems, and related materials to or from

States or non-state actors of proliferation concern.

2. “Weapons of mass destruction” (WMD) means nuclear, chemical,

biological and radiological weapons.

3. “Related materials” means materials, equipment and technology, of

whatever nature or type, that are related to and destined for use in the

development, production, utilization or delivery of WMD.

4. “Items of proliferation concern” means WMD, their delivery systems,

and related materials.

5. “States or non-state actors of proliferation concern” means those

countries or entities whose activities should be impeded or stopped because

they are or are believed to be engaged in: (1) efforts to develop or acquire

WMD or their delivery systems; or (2) trafficking (either selling, receiving,

or facilitating) of WMD, their delivery systems, or related materials.

6. “Security Force Officials” means for

a. the United States, uniformed or otherwise clearly identifiable

members of the United States Coast Guard and the United States

Navy, who may be accompanied by clearly identifiable law

enforcement officials of the Departments of Homeland Security and

Justice, and other clearly identifiable officials duly authorized by the

Government of the United States of America and notified to the

Competent Authority of the Government of Malta; and

b. Malta, uniformed or otherwise clearly identifiable members of

the Armed Forces of Malta, the Malta Police Force and the

Department of Customs, and other clearly identifiable officials duly

authorized by the Government of Malta and notified to the

Competent Authority of the United States.

7. “Security Force vessels” means warships and other vessels of the

Parties, or of third States as may be authorized in accordance with Articles 5

and 9 of this Agreement, on which Security Force Officials of either or both

Parties may be embarked, clearly marked and identifiable as being on

government non-commercial service and authorized to that effect, including

any vessel and aircraft embarked on or supporting such vessels.

8. “Suspect vessel” means a vessel used for commercial or private

purposes in respect of which there are reasonable grounds to suspect it is

engaged in proliferation by sea, as determined pursuant to Article 5 of this

Agreement.

In this Act, unless the contrary otherwise requires>

“Agreements” collectively means the WMD Agreement and

the Drugs Agreement<

“WMD Agreement” means the Agreement between the

Government of the United States of America and the Government

of the Republic of Malta concerning cooperation to suppress the

proliferation of weapons of mass destruction, their delivery

systems, and related materials by sea signed in Washington on the

15 th March, 2007 a copy of the English text of which is set out in

the First Schedule to this Act<

“Drugs Agreement” means the Agreement between the

Government of the United States of America and the Government

of the Republic of Malta concerning cooperation to suppress the

illicit traffic in narcotic drugs and psychotropic substances by sea

signed in Washington on the 16 th June, 2004 a copy of the English

text of which is set out in the Second Schedule to this Act.

(Article 2)

AGREEMENT BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF MALTA

AND

THE GOVERNMENT OF THE UNITED SATES OF AMERICA

CONCERNING COOPERARION TO SUPPRESS ILLICIT

TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC

SUBSTANCES BY SEA

The Government of the Republic of Malta and the Government of the United

States of America (hereinafter, “the Parties”);

Bearing in mind the special nature of the problem of illicit maritime drug

traffic;

Having regard to the urgent need for international cooperation in

suppressing illicit maritime drug traffic, which is recognized in the 1961

Single Convention on Narcotic Drugs and its 1972 Protocol, in the 1971

Convention on Psychotropic Substances, in the 1988 United Nations

Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic

Substances (hereafter, “the 1988 Convention”), and in the 1982 United

Nations Convention on the Law of the Sea; and

Recalling that Article 17 of the 1988 Convention provides, inter alia, that

the Parties shall consider entering into bilateral and regional agreements to

carry out, or to enhance the effectiveness of, the provisions of Articles 17;

Desiring to promote greater cooperation between the Parties, and thereby

enhance their effectiveness, in combating illicit traffic in narcotic drugs and

psychotropic substances by sea;

Based on the principles of international law, respect for the sovereign

equality of States and in full respect of the freedom of navigation;

Have agreed as follows

Article 1

Purpose and Scope

The Parties shall cooperate in combating illicit traffic by sea in narcotic

drugs and psychotropic substances to the fullest extent possible, consistent

with available law enforcement resources and priorities related thereto.

Article 2

Definitions

For the purposes of this Agreement, unless the context otherwise requires

a) “illicit traffic” has the same meaning as in Article 1 (m) of the 1988

Convention.

b) “international waters” means waters seaward of any State’s

territorial sea, including the contiguous zone.

c) “contiguous zone” has the same meaning as in Article 33 of the

Law of the Sea Convention.

d) “law enforcement authorities” means, for the Government of the

Malta, the Armed Forces of Malta, and for the Government of the

United States of America, the United States Coast Guard.

e) “law enforcement officials” means, for the Government of Malta,

the Armed Forces of Malta, the Malta Police Force and the

Department of Customs, and for the Government of the United

States of America, uniformed members of the United States Coast

Guard who may be accompanied by other authorized personnel.

f) “law enforcement vessels” means warships or other ships of the

Parties, or of third States as may be agreed by the Parties, abroad

which law enforcement officials are embarked, clearly marked and

identifiable as being on government non-commercial service and

authorized to that effect, including any boat or aircraft embarked on

such ships.

g) “suspect vessel” means a vessel, claiming the nationality of one of

the Parties, used for commercial or private purposes in respect of

which there are reasonable grounds to suspect it is engaged in illicit

traffic in narcotic drugs and psychotropic substances.

Article 3

Suspect Vessels

Operations to suppress illicit traffic in narcotic drugs and psychotropic

substances pursuant to this Agreement shall be carried out only against

suspect vessels and vessels without nationality.

Article 4

Operations in and over National Waters

This Agreement does not authorize the conduct of operations to suppress

illicit traffic in narcotic drugs or psychotropic substances by one Party in and

over the waters of the other Party.

Article 5

Operations in International Waters

1. Authority to Board Suspect Vessels. Whenever the law enforcement

officials of one Party (“the requesting Party”) encounter a suspect vessel

claiming the nationality of the other Party (“the requested Party”) located in

international waters, the requesting Party may request that the law

enforcement authority of the requested Party

a)

confirm the claim of nationality of the requested Party; and

b)

if such claim is confirmed

(i) authorize the boarding and search of the suspect vessel,

cargo and the persons found on board by law enforcement

officials of the requesting Party; and

(ii) if evidence of illicit traffic in narcotic drugs and

psychotropic substances is found, authorize the law

enforcement officials of the requesting Party to detain the

vessel, cargo and persons on board pending instructions from

the law enforcement authorities of the requested Party as to the

exercise of jurisdiction in accordance with Article 6 of this

Agreement.

2. Content of Requests. Each request should contain the name of the suspect

vessel, the basis for the suspicion (including all facts and other information

on which the suspicion is based), the geographic position of the vessel, the

registration number if available, home port, the port of origin and

destination, and any other identifying information. If a request is conveyed

orally, the requesting Party shall confirm the request in writing as soon as

3. Responding to Requests

(a) If the nationality is verified, the requested Party may

(i) decide to conduct the boarding and search with its own law

enforcement officials;

(ii) authorize the boarding and search by the law enforcement

officials of the requesting Party;

(iii) decide to conduct the boarding and search together with the

requesting Party; or

(iv) deny permission to board and search.

(b) The requested Party shall answer requests made for the verification

of nationality within four (4) hours of the receipt of such requests.

(c) If the nationality is not verified within the four (4) hours, the

requested Party may

(i) nevertheless authorize the boarding and search by the law

enforcement officials of the requesting Party; or

(ii) refute the claim of the suspect vessel to its nationality.

(d) If there is no acknowledgement or response to a written request

pursuant to paragraph 2 from the requested Party within four (4) hours of its

receipt of the request, the requesting Party will be deemed to have been

authorized to board the suspect vessel for the purpose of inspecting the

vessel’s documents, questioning the persons on board, and searching the

vessel to determine if it is engaged in illicit traffic.

4. Right of Visit. Notwithstanding the foregoing paragraphs of this Article,

this Agreement authorizes the law enforcement officials of one Party (“the

first Party”) to board suspect vessels located in international waters claiming

nationality in the other Party but that are not flying the flag of the other

Party, are not displaying any marks of its registration or nationality, and

claiming to have no documentation on board the vessel, for the purpose of

locating and examining the vessel’s documentation. If documentation or

other physical evidence of nationality is located, then the foregoing

paragraphs of this Article apply.

5. Use of Force. The authorization to board, search and detain includes the

authority to use such force as may be necessary in accordance with Article

10 of this Agreement.

6. Shipboarding Otherwise in accordance with International Law. Except as

expressly provided herein, this Agreement does not apply to or limit

boardings of vessels, conducted by either Party in accordance with

international law in international waters, 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.

Article 6

Jurisdiction over Detained Vessels

1. Limitations. Neither Party shall undertake the exercise of jurisdiction

and performance of functions in the territory of the other Party.

2. Waiver of Right. In all cases arising pursuant to this Agreement

concerning vessels having the nationality of a Party in international waters,

that Party (“the first Party”) shall have the right to exercise jurisdiction over

a detained vessel, cargo and/or persons on board (including seizure,

forfeiture, arrest, and prosecution), provided, however, the first Party may,

subject to its Constitution and laws, waive its right to exercise jurisdiction

and authorize the enforcement of the other Party’s law against the vessel,

cargo and/or persons on board.

3. Contiguous Zone. In cases arising in the contiguous zone of a Party, not

involving suspect vessels fleeing from the waters of that Party or suspect

vessels having the nationality of that Party, in which both Parties have the

authority to exercise jurisdiction to prosecute, the Party which conducts the

boarding and search shall have the right to exercise jurisdiction.

4. Requests to Waive Jurisdiction. If the evidence so warrants, the other

Party may request that the first Party waive jurisdiction.

5. Instructions as to the exercise of jurisdiction pursuant to this Agreement

shall be given without delay.

6. Form of Waiver. A waiver of jurisdiction may be granted verbally, but

as soon as possible, it shall be recorded in a written note from the competent

authority and be processed through the diplomatic authorities, without

prejudice to the immediate exercise of jurisdiction over the suspect vessel by

the other Party.

Article 7

Points of Contact

Each Party shall identify to the other Party, and keep current, the points of

contact for communicating with is national authorities competent to receive

and act at any time on requests under Article 5 for verification of nationality

and authority to board, search and detain suspect vessels, and for instructions

as to the exercise of jurisdiction under Article 6, and to receive and act on

notifications under Article 8, and to respond to requests for technical

assistance under Article 13, in addition to any other communication

necessary for the implementation of this Agreement.

Article 8

Notification of Results of Shipboardings and Actions Taken

1. Notification of Results. Each Party shall promptly, and in any case not

later than 48 hours, notify the other Party of the results of any boarding and

search of the vessels of the other Party conducted pursuant to this

Agreement.

2. Status Reports. Each Party, consistent with its procedures, shall report in

a timely manner at least every month to the other Party on the status of all

investigations, prosecutions and judicial proceedings resulting from

enforcement action taken pursuant to this Agreement where evidence of

illicit traffic was found.

Article 9

Conduct of Law Enforcement Officials

1. Compliance with Law and Practices. Each Party shall ensure that its law

enforcement officials, when conducting boarding and search activities

pursuant to this Agreement, act in accordance with its applicable national

laws and policies and with international law and accepted international

practices.

2. Boarding and Search Teams

a. Boardings and searches pursuant to this Agreement shall be

carried out by law enforcement officials from law enforcement vessels or

aircraft of the Parties and from such vessels and aircraft of other States,

according to arrangements between the Party conducting the operation and

the State providing the vessel or aircraft.

b. When conducting boardings and searches law enforcement

officials may carry standard law enforcement small arms.

c. While carrying out boarding and search activities pursuant to

this Agreement, the Parties shall take due account of the need not to

endanger the safety of life at sea, the security of the suspect vessel and its

cargo, or to prejudice the commercial and legal interests of the flag State or

any other interested State; and shall observe the norms of courtesy, respect

and consideration for the persons on board the suspect vessel.

d. Law enforcement vessels of a Party operating with the

authorization of the other Party pursuant to this Agreement shall, during

such operations, also fly, in the case of Malta, the United States Coast Guard

ensign, and in the case of the United States of America, the National Flag of

Malta.

Article 10

Use of Force

1. Rules. All uses of force by a Party pursuant to this Agreement shall be

in strict accordance with applicable laws and policies of that Party and shall

in all cases be that force reasonably necessary under the circumstances.

2. Self-Defense. Nothing in this Agreement shall impair the exercise of

the inherent right of self-defense by law enforcement or other officials of the

Parties.

Article 11

Exchange and Knowledge of Laws and Policies of the Parties

1. Exchange of Information. To facilitate implementation of this

Agreement, each Party shall ensure that the other Party is fully informed of

its respective applicable laws and policies, particularly those pertaining to

the use of force.

2. Ensuring Knowledge. Each Party shall ensure that all of its law

enforcement officials acting pursuant to this Agreement are knowledgeable

of the applicable laws and policies of both Parties.

Article 12

Disposal of Seized Property

1. Disposal of Property. Assets seized in consequence of any operation

undertaken pursuant to this Agreement shall be disposed of in accordance

with the laws of the Party exercising jurisdiction in accordance with Article

6 of this Agreement.

2. The seizing Party may transfer in accordance with its laws forfeited

assets or proceeds of their sale to the flag State Party after deducting

therefrom all expenses directly and reasonably connected with the seizure

and disposal and any share thereof which any Party may in accordance with

its legislation be entitled to.

Article 13

Technical Assistance

The law enforcement authority of one Party (the “first Party”) may request,

and the law enforcement authority of the other Party may authorize, law

enforcement officials of the other Party to provide technical assistance, such

as specialized assistance in the conduct of search of suspect vessels, to law

enforcement officials of the first Party for the boarding and search of suspect

vessels located in the territory or waters of the first Party.

Article 14

Consultations and Dispute Settlement

1. Consultations. In case a question arises in connection with

implementation of this Agreement, either Party may request consultations

with the other Party to resolve the matter.

2. Dispute Settlement. The Parties undertake to settle by consultation any

disputes that arise from the implementation of this Agreement.

Article 15

Claims

1. Examination of Claims. Any claim for damages, injury or loss resulting

from an operation carried out under this Agreement shall be examined by the

Party whose authorities conducted the operation.

2. Resolution of Claims. If responsibility is established, the claim shall be

resolved in favor of the claimant by that Party, in accordance with the

domestic law of that Party, and in a manner consistent with international

law, including paragraph 3 of Article 110 of the Law of the Sea Convention.

3. No Waiver of Other Rights. Neither Party thereby waives any rights it

may have under international law to raise a claim with the other Party

through diplomatic channels.

Article 16

Miscellaneous Provisions

Nothing in this Agreement

(a) precludes the Parties from otherwise agreeing on operations or

other forms of cooperation to suppress illicit traffic;

(b) is intended to alter the rights and privileges due any individual

in any legal proceeding;

(c) shall be construed as creating any private right of action for any

individual or entity;

(d) prejudices in any manner the positions of either Party regarding

the international law of the sea.

Article 17

Entry Into Force

This Agreement shall enter into force upon exchange of notes indicating that

the necessary internal procedures of each Party have been completed.

A

Article 18

Termination

1. Notification. This Agreement may be terminated at any time by either

Party upon written notification to the other Party through the diplomatic

channel.

2. Effective Date. Such termination shall take effect 90 days from the date

of notification.

Article 19

Continuation of Actions Taken

This Agreement shall continue to apply after termination with respect to any

administrative or judicial proceeding arising out of actions taken pursuant to

this Arrangement.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their

respective Governments, have signed this Agreement.

DONE AT Valletta, this 16 th day of June, TWO THOUSAND AND FOUR.

(Signatures)

Passed by the House of Representatives at Sitting No. 576 of 30th October, 2007.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm2.08 (€4.85)

The Agreements are hereby ratified and authority is hereby Ratification of

Agreements.

given for the exchange of notes relative to the said Agreement for the

purposes of Article 19 of the WMD Agreement and of Article 17 of the

Drugs Agreement.

The Agreements shall have force of law in Malta as from such The Agreements

to have force

date as the Prime Minister may by notice in the Gazette appoint.

of law.

The Prime Minister may make regulations for carrying out Power to make

Regulations.

the provisions of this Act and for doing anything that may be required

for the purpose of satisfying the obligations of Malta under the

Immediately after article 314B of the Criminal Code there Amendment of the

Criminal Code,

shall be inserted the following new sub-articles>

314C. (1) Whosoever knowingly has in his

possession or under his control any lethal device or nuclear

material, under such circumstances as give rise to a reasonable

suspicion that he has it in his possession or under his control

for an unlawful object or for the purpose of proliferation shall,

on conviction, be liable to the punishment laid down in article

313. (2) For the purpose of this article>

“lethal device” shall have the same meaning

assigned to it by sub-article (4) of article 314A and “lethal

device” and “nuclear material” shall include their

delivery systems, materials, equipment or technology,

of whatever nature or type, that are related to and destined

for use in the development, production, utilization or

delivery of such lethal devices or nuclear material< and

“proliferation” means the transportation of nuclear,

chemical, biological or radiological weapons, their

delivery systems and related materials to or from states

or entities engaged in efforts to develop, acquire, or

traffick in, such weapons, systems or materials.

Co-operation

314D. (1) Where the commander of the Armed

Forces

of Malta receives, or is informed about, a request made

suppression of

by or on behalf of a judicial, prosecuting, law enforcement,

administrative or other competent authority of any State or

place other than or outside Malta (hereinafter in this article

referred to as the “requesting authority”) seeking authorisation

for the competent authorities of that State or place to take

appropriate measures in regard to a relevant vessel reasonably

suspected to be engaged in the commission of a relevant

offence the commander of the Armed Forces of Malta may,

with the concurrence of the Prime Minister, authorise the

taking of the said measures by the aforesaid competent

authorities subject to such conditions as may have been agreed

by Malta with that State or as may be agreed between the

requesting authority and the commander of the Armed Forces

of Malta with the concurrence of the Prime Minister.

(2) Where the authorisation has been given by the

commander of the Armed Forces of Malta as aforesaid the

competent authorities referred to in sub-article (1), subject to

the conditions as may have been agreed upon as provided in

the same sub-article, shall be authorised to take the appropriate

measures and to exercise on board the vessel in regard to

which appropriate measures have been authorised under this

article all such powers of arrest, entry, search and seizure as

are vested in the executive police of Malta.

(3) For the purpose of this article>

“relevant offence” means any offence consisting

in any act or omission which if committed in these

islands, or in corresponding circumstances, would

constitute any of the offences in articles 313, 314B and

314C<

“relevant vessel” means a vessel used for

commercial or private purposes flying or entitled to fly

the flag of Malta or registered in Malta and exercising

freedom of navigation in accordance with international

law.”.

For sub-article (1) of article 30D of the Dangerous Drugs

Ordinance there shall be substitued the following>

“(1) Where the Attorney General receives, or is informed

about, a request made by or on behalf of a judicial, prosecuting,

law enforcement, administrative or other competent authority of

any State or place other than or outside Malta (hereinafter in this

article referred to as the “requesting authority”) seeking

authorisation for the competent authorities of that State or place to

take appropriate measures in regard to a relevant vessel reasonably

suspected to be engaged in the commission of a relevant offence

the Attorney General may, with the concurrence of the Prime

Minister, authorise the taking of the said measures by the aforesaid

competent authorities subject to such conditions as may have been

agreed by Malta with that State or as may be agreed between the

requesting authority and the Attorney General with the concurrence

of the Prime Minister.”.

Article 121E. of the Medical and Kindred Professions Amendment of the

Medical and

Ordinance shall be amended as follows>

Kindred

Professions

Ordinance

(a) for sub-article (1) thereof there shall be substituted the

following>

“(1) Where the Attorney General receives, or is

informed about, a request made by or on behalf of a judicial,

prosecuting, law enforcement, administrative or other

competent authority of any State or place other than or outside

Malta (hereinafter in this article referred to as the “requesting

authority”) seeking authorisation for the competent authorities

of that State or place to take appropriate measures in regard

to a relevant vessel reasonably suspected to be engaged in

the commission of a relevant offence the Attorney General

may, with the concurrence of the Prime Minister, authorise

the taking of the said measures by the aforesaid competent

authorities subject to such conditions as may have been agreed

by Malta with that State or as may be agreed between the

requesting authority and the Attorney General with the

concurrence of the Prime Minister.”<

(b) in sub-article (2) thereof for the words “the preceding

sub-article” there shall be substituted the words “the same sub-

article”.

“International waters” means all parts of the sea not included in the

territorial sea, internal waters and archipelagic waters of a State, consistent

with International law.

“Competent Authority” means for the United States, the Commandant

of the United States Coast Guard (including any officer designated by the

Commandant to perform such functions), and for Malta, the Commander of

the Armed Forces of Malta (including any officer designated by the

Commander to perform such functions).

Article 3

Cases of Suspected Vessels

1. Subject to paragraph 2 of this Article, operations to suppress

proliferation by sea pursuant to this Agreement shall be carried out only

against suspect vessels

a. having the nationality of one of the Parties and entitled to fly its

flag, or

b. registered under the law of one of the Parties under a bareboat

charter, notwithstanding an underlying registration in another State

not Party to this Agreement, or

c. without nationality or assimilated to vessels without nationality.

2. Such operations shall not be carried out under this Agreement against

vessels registered under the law of one of the Parties while bareboat

chartered in another State not party to this Agreement.

Article 4

Operations in and over National Waters

This Agreement does not authorize the conduct of operations to suppress

proliferation by sea by one Party in and over the waters of the other Party.

Article 5

Operations in International Waters

1. Authority to Board Suspect Vessels. Whenever the Security Force

Officials of one Party (“the requesting Party”) encounter a suspect vessel

claiming nationality in the other Party (“the requested Party”) located in

international waters, the requesting Party may request through the

Competent Authority of the requested Party, that it

a. confirm the claim of nationality of the suspect vessel; and

b. if nationality is confirmed

i. authorise the boarding and search of the suspect vessel,

cargo, and persons found on board by Security Force

Officials of the requesting Party; and

ii. if evidence of proliferation is found, authorize the

Security Force Officials of the requesting Party to detain the

vessel, as well as items and persons on board, pending

instructions conveyed through the Competent Authority of

the requested Party as to the actions the requesting Party is

permitted to take concerning such items, persons and

vessels.

Each authorization to act shall be in writing between the Competent

Authorities. Nevertheless, in urgent circumstances, an authorization to act

may be granted orally by the Competent Authority of the requested Party.

An oral authorization to act shall be confirmed in writing forthwith by the

Competent Authority.

2. Contents of Requests. Each request should be in writing and contain the

name of the suspect vessel, sufficiently reliable information forming the

basis for the suspicion, the geographic position of the vessel, the IMO

number if available, the homeport, the port of origin and destination, and any

other identifying information. Nevertheless, in urgent circumstances, a

request may be made orally, but shall be confirmed in writing forthwith.

The requested Party shall acknowledge to the Competent Authority of the

requesting Party in writing, by e-mail or by facsimile, its receipt of any

written or urgent oral request immediately upon receiving it.

3. Responding to Requests

a. If the nationality is verified and the requested Party is satisfied with

the basis for suspicion that the vessel is a suspect vessel, and that the

information provided by the requesting Party is sufficiently reliable, the

requested Party may

i. decide to conduct the boarding and search with its own Security

Force Officials;

ii. authorize the boarding and search by the Security Force Officials

of the requesting Party, subject to conditions if deemed appropriate;

iii. decide to conduct the boarding and search together with the

requesting Party;

or

iv. nevertheless, deny permission to board and search.

b. The requested Party shall answer through its Competent Authority

requests made for the verification of nationality and authorization to

board within four hours of its acknowledgement of the receipt of such

requests unless the requested Party requests additional time to answer.

c. If the nationality is not verified or verifiable within the four hours,

the requested Party shall, through its Competent Authority

i. nevertheless stipulate that it does not object to the boarding and

search by the Security Force Officials of the requesting Party; or

ii. refute the claim of the suspect vessel to its nationality.

d. Either Party, consistent with the other provisions of this Agreement,

may subject its authorization under this paragraph to conditions,

including obtaining additional information from the requesting Party,

and conditions relating to responsibility for and the extent of measures

to be taken. Information to be provided in response to such a request

shall be exchanged in a timely manner by the Competent Authorities;

however, the requesting Party may notify the requested Party if it is

providing additional information through established information

sharing channels.

e. Notification to the Master. Prior to the boarding being conducted,

the flag State may, in coordination with requesting Party, transmit to the

Master of the suspect vessel notice that it has authorized the requesting

Party to board the vessel.

4. Right of Visit. Notwithstanding the foregoing paragraphs of this

Article, the Security Force Officials of one Party (“the first Party”) are

authorized to board suspect vessels claiming nationality in the other Party

that are not flying the flag of the other Party, not displaying any marks of its

registration or nationality, and claiming to have no documentation on board

the vessel, for the purpose of locating and examining the vessel’s

documentation. If documentation or other physical evidence of nationality is

located, the foregoing paragraphs of this Article apply. If no documentation

or other physical evidence of nationality is available, the other Party will not

object to the first Party assimilating the vessel to a ship without nationality

consistent with international law.

5. Use of Force. The authorization to board, search and detain includes

the authority to use force in full compliance with the provisions of Article 11

of this Agreement.

6. Shipboarding Otherwise in Accordance with International Law. This

Agreement does not limit the right of either Party to conduct boardings of

vessels or other activities consistent 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, or an authorization from the Flag or

Coastal State, or other appropriate bases in international law.

Article 6

Jurisdiction over Detained Vessels

1. Limitations. Neither Party shall undertake the exercise of jurisdiction

and performance of functions in the territory of the other Party.

2. Jurisdiction of the Parties. In all cases covered by Article 5 concerning

the vessels of a Party (“the flag State”) located in international waters,

jurisdiction rests with the flag State over a detained vessel, cargo or other

items and persons on board (including seizure, forfeiture, arrest, and

prosecution). However, the flag State may, subject to its Constitution and

laws, consent to the exercise of jurisdiction by the other Party in accordance

with the provisions of this Agreement.

3. Jurisdiction in the contiguous zone of a Party. In a zone contiguous to

its territorial sea, described as the contiguous zone, a Party may exercise the

control necessary, inter alia, to prevent the infringement of its customs,

fiscal, immigration or sanitary laws and regulations within its territory or

territorial sea. In all cases not covered by Article 5 involving the vessel of

one Party that arise in the contiguous zone of the other Party and in which

both Parties have authority to board in accordance with their respective

jurisdictions –

a. except as provided in subparagraph (b), the Party which conducts

the boarding shall have the right to exercise its authorized jurisdiction;

b. in cases involving suspect vessels fleeing from the territorial sea of

a Party in which that Party has the authority to board and to exercise

jurisdiction, that Party shall have the right to exercise its authorized

jurisdiction.

4. Disposition Instruction. Consultations as to the exercise of jurisdiction

pursuant to paragraphs 2 and 3 of this Article shall be undertaken between

the Competent Authorities without delay.

5. Form of waiver. Where permitted by its Constitution and laws, waiver

of jurisdiction may be granted verbally, but as soon as possible it shall be

recorded in a written note from the Competent Authority and be processed

through the appropriate diplomatic channel, without prejudice to the

immediate exercise of jurisdiction over the suspect vessel by the other Party.

Article 7

Points of Contact

Each Party shall identify to the other Party, and keep current, through its

Competent Authority the points of contact for communicating with its

national authorities competent to receive and act at any time to requests

under Article 5 for verification of nationality and authority to board, search

and detain suspect vessels, and for instructions as to the exercise of

jurisdiction under Article 6, and to receive and act on notifications under

Article 8, and to respond to requests for technical assistance under Article 18

in addition to any other communication necessary for the implementation of

this Agreement.

Article 8

Exchange of Information, Notification of Results of Shipboardings

and Actions Taken

1. Model Forms. The Parties shall use the model forms appended to this

Agreement for communications pursuant to this Agreement, except as

otherwise provided in this Agreement. The Competent Authorities of the

Parties may, by mutual agreement, amend or replace in accordance with

their laws the model forms annexed to this Agreement.

2. Exchange of Operational Information. The Competent Authorities of

both Parties shall endeavor to exchange operational information on the

detection and location of suspect vessels and shall maintain communication

with each other as necessary to carry out the purpose of this Agreement.

3. Protection of classified information and material. Each Party shall

protect classified information and material from unauthorized disclosure at

all times in accordance with such requirements as the requesting Party may

specify or as otherwise agreed by the Parties.

4. Notification of Results. A Party conducting a boarding and search

pursuant to this Agreement shall promptly, and in any case not later than 48

hours, notify the other Party of the results thereof through their Competent

Authorities, following the conclusion of the boarding and search. Such

notification shall be effected through the Competent Authorities of the

Parties.

5. Status Reports. Each Party, in compliance with its laws, shall timely

report at least every month to the other Party, through their Competent

Authorities on the status of all investigations, prosecutions and judicial

proceedings and other actions and processes, arising out of the application of

this Agreement.

Article 9

Conduct of Security Force Officials

1. Compliance with Law and Practices. Each Party shall ensure that its

Security Force Officials, when conducting boardings and searches pursuant

to this Agreement, act in accordance with its applicable national laws and

policies and consistent with its international law and accepted international

practices.

2. Boarding and Search Teams

a. Boardings and searches pursuant to this Agreement shall be carried

out by Security Force Officials from Security Force vessels as may be

authorized on a case-by-case basis.

b. Neither Party shall be required to authorize a boarding from a

vessel or aircraft of a third State that it would consider adverse to its

interests.

c.

The boarding and search teams may carry personal weapons.

Article 10

Safeguards

1. Where a Party takes measures against a vessel in accordance with this

Agreement, it shall

a. take due account of the need not to endanger the safety of life at

sea;

b. take due account of the safety and security of the vessel and its

cargo;

c.

not prejudice the commercial or legal interests of the Flag State;

d. ensure, within available means, that any measure taken with regard

to the vessel is environmentally sound under the circumstances;

e.

ensure that persons on board are afforded the protections, rights

and guarantees provided by international law and the boarding State’s

law and regulations;

f.

ensure that the master of the vessel is, or has been, afforded at

any time the opportunity to contact the vessel’s Flag State, and, subject

to preserving the safety and security of operations, is, or has been,

afforded the opportunity to contact the vessel’s owner or manager.

2. All reasonable efforts shall be taken to avoid a vessel being unduly

detained or delayed.

Article 11

Use of Force

1. All uses of force pursuant to this Agreement shall be in strict

accordance with the applicable laws and policies of the Party conducting the

boarding and with applicable international law.

2. Each Party shall avoid the use of force except when and to the degree

necessary to ensure the safety of Security Force vessels and officials, and

where Security Force Officials are obstructed in the execution of their

duties.

3. Any use of force pursuant to this Article shall not exceed the minimum

degree of force that is necessary, proportional and reasonable in the

circumstances.

4. Boarding and search teams and Security Force vessels have the inherent

right to use all available means to apply that force reasonably necessary to

defend themselves or others from physical harm.

5. Any use of force by the Party conducting a boarding and search

pursuant to this Agreement shall be immediately reported with all necessary

details to the Competent Authority of the other Party.

Article 12

Exchange and Knowledge of Laws and Policies of Other Party

1. Exchange of Information. To facilitate implementation of this

Agreement, each Party, shall endeavour to ensure the other Party is

appropriately informed of its respective applicable laws and policies,

particularly those pertaining to the use of force.

2. Knowledge. Each Party shall endeavour to ensure that its Security

Force Officials are knowledgeable concerning the applicable laws and

policies in accordance with this Agreement.

Article 13

Points of Contact

1. Information. Each Party shall inform the other Party through their

Competent Authorities, and keep current, the points of contact for

communication, decision and instructions under Articles 4 and 5, and

notifications under Articles 6 and 8, of this Agreement.

2. Availability. The Parties shall ensure that the points of contact have the

capability to receive process and respond to requests and reports at any time.

Article 14

Disposal of Seized Property

1. Disposal of Property. Assets seized in consequence of any operation

undertaken pursuant to this Agreement shall be disposed of in accordance

with the laws of that Party exercising jurisdiction in accordance with Article

6 of this Agreement.

2. The seizing Party may transfer in accordance with its laws forfeited

assets or proceeds of their sale to the flag State Party after deducting

therefrom all expenses directly and reasonably connected with the seizure

and disposal and any share thereof which any Party may in accordance with

its legislation be entitled to.

Article 15

Disputes and Consultations

1. Disputes. Disputes arising from the interpretation or implementation of

this Agreement shall be settled by mutual agreement of the Parties. Where

mutual agreement cannot be reached after a reasonable time, the Parties

may, by mutual agreement, seek settlement of the dispute by another

peaceful means of their own choice, including, but not limited to, arbitration.

2. Evaluation of Implementation. The Parties agree to consult as

necessary to evaluate the implementation of this Agreement and to consider

enhancing its effectiveness. The evaluation shall be carried out at least once

a year.

3. Resolving Difficulties. In case a difficulty arises concerning operations

under this Agreement, either Party may request consultations with other

Party to resolve the matter.

Article 16

Claims

1. Injury or Loss of Life. Any claim for injury to or loss of life of a

Security Force Official of a Party while carrying out operations arising from

this Agreement shall normally be resolved in accordance with the laws of

that Party.

2. Other Claims. Any other claim submitted for damage, harm, injury,

death or loss resulting from an operation carried out by a Party under this

Agreement shall be resolved in accordance with the domestic law of the

Party to which the claim is brought and international law.

3. Consultation. If any damage, harm, injury, death or loss is suffered as a

result of any action asserted to have been taken by the Security Force

Officials of one Party in contravention of this Agreement, including action

taken on unfounded suspicions, or if any improper, disproportionate or

unreasonable action is asserted to have been taken by a Party, the Parties

shall, without prejudice to any other legal recourse which may be available,

consult at the request of either Party with a view to resolving the matter and

deciding any questions relating to compensation or payment.

4. No Waiver of Other Rights. Neither Party thereby waives any rights it

may have under international law to raise to claim with the other Party

through diplomatic channels.

Article 17

Technical Assistance

The Competent Authority of one Party (“the Requesting Party”) may

request, and the Competent Authority of the other Party may authorize,

Security Force Officials to provide technical assistance, such as specialized

assistance in the boarding and search of suspect vessels, including vessels of

the Requesting Party wherever located (provided that any activity in a

marine area under the sovereignty of a third State has been authorized by

that State), and for the boarding and search of suspect vessels located in the

territory or waters of the requesting Party.

Article 18

Miscellaneous Provisions

Nothing in this Agreement

(a) precludes the Parties from otherwise agreeing on operations or other

forms of

cooperation to suppress proliferation;

(b) alters the rights and privileges due any person in any administrative

or judicial proceeding conducted under the jurisdiction of either Party;

(c) shall be construed as creating any private right of action for any

individual or entity;

(d) prejudices in any manner the positions of either Party regarding the

international law of the sea.

Article 19

Entry into Force

This Agreement shall enter into force upon an exchange of notes indicating

that the necessary internal procedures of each Party have been completed.

Article 20

Termination

1. Notification. This Agreement may be terminated at any time by either

Party upon written notification to the other Party through the diplomatic

channel.

2. Effective Date. Such termination shall take effect 90 days from the date

of notification.

Article 21

Continuation of Actions Taken

This Agreement shall continue to apply after termination with respect to any

administrative or judicial proceedings arising out of actions taken pursuant

to this Agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their

respective Governments, have signed this Agreement.

DONE AT Washington, this 15 th day of March, 2007.

(Signatures)

APPENDIX: MODEL FORMS

Model Form: STEP 1

Request for

Confirmation of Nationality

and

Request for Authorization to Board and Search Suspect Vessel

Pursuant to Article 5 of the Agreement

----

Date/Time (GMT (Z))

Reference (Vessel Name)

To

(insert identification of the Competent Authority of Requested

Party)

Telephone: ___________________________

Fax

e-mail

From________________________________________________________

(insert identification of the Competent Authority of Requesting

Party)

Telephone: ___________________________

Fax

e-mail

If this box is checked, then this request confirms an urgent oral request

made previously by [the United States of America directed to the Operations

Center

of

the

Armed Forces of Malta] [the Republic of Malta directed to the United States

Coast Guard National Command Center].

Pursuant to Article 5 of the Agreement between the Government of the

United States of America and the Government of the Republic of Malta

concerning Cooperation to Suppress the Proliferation of Weapons of Mass

Destruction, their Delivery Systems, and Related Materials by Sea

(hereinafter, the “Agreement”), the Security Force Officials of [name of

Requesting Party] have encountered a suspect vessel claiming nationality in

[name of the Requested Party] located in international waters. Accordingly,

[name of Requesting Party] invites [name of the Requested Party]’s attention

to following information and requests.

1. Name/hull number/ flag of Security Force Vessel on

scene:__________________

2. Available Description of Suspect Vessel

a.

Vessel’s name

b.

Claimed flag

c.

Call Sign

d.

IMO number

e.

Port & year of registry

f.

Type of vessel: (Check one)

Container

Tanker

Bulk carrier

Pleasure craft

Fishing vessel

Cruise ship

Other

g.

Length of vessel

h.

Last port of call (LPOC)

i.

Date of LPOC

j.

Next port of call (NPOC)

k.

Date of NPOC

l.

Claimed cargo

m.

Purpose of voyage

3. Suspect vessel’s position

a.

Latitude

b.

Longitude

c.

Geographic reference

d.

Course/ Speed

_____ / ____

4. Persons on board, if known

a.

Number

b.

Name of Master

c.

Nationality of Master

d.

Master’s date of birth

5. Reasonable grounds to suspect that vessel is engaged in proliferation

by sea: (include, if possible, a brief description of the suspect cargo,

including any relationship to relevant multilateral or national export

control lists, such as the Nuclear Suppliers Group Trigger List)

If this box is checked, relevant information is being provided

through established information sharing channels.

6. Estimated duration indicated for the boarding based on current

information (this is only an estimate and subject to substantial change

depending on circumstances encountered; if this request is approved,

the [name of Requesting Party] shall keep [name of Requested Party]

apprised of developments and changed circumstances that may

decrease or increase the duration of the boarding)

7. Action Request: The [name of Requesting Party] requests [name of

the Requested Party]

a. Confirm the claim of nationality of the suspect vessel; and

b. If nationality is confirmed

(1) Authorize the boarding and search of the suspect vessel, cargo

and the persons found on board by [name of the Requesting Party]

Security Force Officials; and

(2) If evidence of proliferation is found, authorize the Security

Force Officials of the [name the of Requesting Party] to detain the

vessel, as well as items and persons on board, pending instructions

conveyed through [name of the Competent Authority of the

Requested Party] as to the actions the [name of the Requesting

Party] is permitted to take concerning such items, persons and

vessels.

Signature/Date/Time

(GMT

(Z))

Model Form: STEPS 2-4

Response to Requests for

Confirmation of Nationality

and

Authorization to Board and Search Suspect Vessel

Pursuant to Article 5 of the Agreement

----

Date/Time (GMT (Z))

Reference (Vessel Name)

To

(insert identification of the Competent Authority of Requested

Party)

Telephone:_________________________

Fax: ______________________________

e-mail:_____________________________

From:______(insert identification of the Competent Authority of

Requesting Party)

Telephone:__________________________

Fax:________________________________

e-mail_______________________________

If this box is checked, then this authorization confirms an urgent oral

authorization given previously by [the United States of America directed to

the Operations Center of the Armed Forces of Malta] [the Republic of Malta

directed to the United States Coast Guard National Command Center].

THIS SPACE INTENTIONALLY LEFT BLANK

STEP 2: CONFIRMATION OF NATIONALITY

In response to your request of [date/time GMT (Z) from request form] for

confirmation of nationality of [name of suspect vessel] pursuant to article 5

of the Agreement between the Government of the United States America and

the Government of the Republic of Malta Concerning Cooperation to

Suppress the Proliferation of Weapons of Mass Destruction, their Delivery

Systems, and Related Materials by Sea (hereinafter, the “Agreement”), the

[name of Requested Party] hereby

CHECK ONLY ONE OF THE BOXES

Confirms that the [name of the suspect vessel ] is presently lawfully

registered [in the American Register of Ships] [under the Merchant

Shipping Act (CAP. 234) of the Laws of Malta] and is entitled to fly the

flag of the [name of Requested Party] (see paragraph 2 of request).

Can neither confirm nor deny that [name of suspect vessel] is registered

[in the American Register of Ships] [under the Merchant Shipping Act

(CAP. 234) of the Laws of Malta], but nevertheless stipulates that it does

not object to the boarding and search by the Security Force Officials of

the Requesting Party (see paragraph 2 of request).

Denies that the [name of suspect vessel] is presently lawfully registered

[in the American Register of Ships] [under the Merchant Shipping Act

(CAP. 234) of the Laws of Malta] and therefore is NOT entitled to fly the

flag of the [name of Requested Party].

STEP 3: IF NATIONALITY IS CONFIRMED or STIPULATED,

THEN COMPLETE STEP 3- -

Further to your request, the Government of the [name of Requested Party]

hereby

CHECK ONLY ONE OF THE BOXES

Authorizes, subject to completion of the procedures in Step 4 below,

the boarding and search of [name of suspect vessels] by Security Force

Officials of [name of boarding Party] from [name and nationality of

boarding platform ] in international waters; and if evidence is found on

board that the [name of suspect vessel] is engaged in proliferation by

sea, detain the vessel as well as items and persons on board, pending

instructions from [name of Requested Party] regarding the actions the

[name of Requesting Party] is permitted to take concerning the [name

of suspect vessel], as well as items and persons on board.

Authorizes the boarding and search of [name of suspect vessel] by

Security Force Officials of [name of boarding Party]from [name and

nationality of boarding platform] in international waters; and if

evidence is found on board that the [name of suspect vessel] is engaged

in proliferation by sea, detain the vessel as well as items and persons on

board, pending instructions from [name of the Requested Party]

regarding the actions the [name of Requesting Party] is permitted to

take concerning the [name of suspect vessel], as well as items and

persons on board. The Requested Party does not intend to transmit

notice of authorization for the boarding to the Master. Accordingly, the

Requesting Party may execute this authorization forthwith.

Is prepared to authorize the boarding and search of [name of suspect

vessel] by Security Force Officials of [name of boarding Party] in

international waters, but not from [name and nationality of boarding

platform]. Please identify to [name of Requested Party] an alternative

platform, if available, and [name of Requested Party] will consider the

request and respond accordingly.

Decides to conduct the boarding and search with its own Security Force

Officials and proposes the following additional instructions

Decides to conduct the boarding and search together with the Security

Force Officials of the Requesting Party and proposes the following

rendezvous instructions

Denies authorization to stop, board, and search the [name of suspect

vessel] on the following grounds

CHECK THE APPROPRIATE BOX OR BOXES

According to the information officially submitted by to the

Government of the [name of the Requested Party] there are not

reasonable grounds to suspect that the said vessel is engaged in

proliferation by sea.

It was not possible for the Parties to mutually agree on certain

additional conditions Relating to the Authorization required by

the Government of the [name of Requested Party] in its capacity

as the Requested Party.

The Government of the [name of the Requested Party ], in its

capacity as the Requested Party, decided that under the present

circumstances it is more appropriate and efficient to conduct the

boarding and search of [name of suspect vessel] with its own

Security Force Officials at a later date.

Other

The present authorization is given to the [name of the Requested Party ]

subject, in addition to the terms and safeguards of the Agreement, to the

following additional conditions mutually agreed between the Parties

None

STEP 4

INSTRUCTIONS REGARDING TRANSMITTAL OF

NOTIFICATION TO THE MASTER

• The [name of the Requesting Party] shall notify the [name of the

Requested Party] by [identify mode(s) of communication] of the time

that it wishes to conduct the boarding and when notification to the

Master should be given.

• Thereafter, [the name of the Requested Party] shall notify the [name

of the Requesting Party] by [identify mode(s) of communication]

when it has transmitted to the Master of the suspect vessel notice that

it has authorized the boarding.

• [Name of the Requesting Party] may thereafter execute this

authorization.

Signature/Date/Time (GMT (Z))

Model Form: STEP 5

Arrangements for Transmittal of Notice to the Master of a Suspect

Vessel that the Flag State has Authorized a Boarding Pursuant to the

|Agreement

Date/Time (GMT (Z))

Reference (Vessel Name)

(insert identification of the Competent Authority of Requested

Party)

Telephone: ____________________________________

Fax: _________________________________________

e-mail:________________________________________

From

(insert identification of the competent Authority of Requesting

Party)

Telephone: ____________________________________

Fax: _________________________________________

e-mail:________________________________________

STEP 5

INSTRUCTIONS REGARDING TRANSMITTAL OF

NOTIFICATION TO THE MASTER

• The [name of the Requesting Party] wishes to conduct the boarding at

[date & time GMT (Z)].

• The [name of the Requesting Party] recommends notification of the

boarding be transmitted to the Master be given [instructions on date &

time GMT (Z)].

Absent urgent circumstances, where a request for Confirmation of

Nationality and Authorization to Board and Search and relevant

authorization may be respectively submitted or granted orally pursuant to

Article 5 of the Agreement, the [name of the Requesting Party] shall await

notification from [name of the Requested Party] by [identify mode(s) of

communication described by the Requested Party in Step 4 above] that it has

transmitted to the Master of the suspect vessel notice that it has authorized

the boarding.

Signature/Date/Time (GMT (Z))

Model Form: STEP 6

Confirmation of Transmittal of Notice to the Master of a Suspect Vessel

that the Flag State has Authorized a Boarding

Pursuant to the Agreement

Date/Time (GMT (Z))

Reference (Vessel Name)

(insert identification of the Competent Authority of Requested

Party)

Telephone: ____________________________________

Fax: _________________________________________

e-mail:________________________________________

From

(insert identification of the competent Authority of Requesting

Party)

Telephone: ____________________________________

Fax: _________________________________________

e-mail:________________________________________

STEP 6: CONFIRMATION OF TRANSMITTAL OF

NOTIFICATION TO THE MASTER

The [name of the Requested Party] confirms that it has transmitted to

the Master of the suspect vessel notice that it has authorized the

boarding. Consequently, the [name of the Requesting Party] may

exercise the previous authorization granted to board the suspect

vessel.

Signature/Date/Time (GMT (Z))

Model Form: STEP 7

Report of Results of Boarding and Search of Suspect Vessel

Pursuant to Article 5 of the Agreement

Date/Time (GMT (Z))

Reference (Vessel Name)

To

(insert identification of the Competent Authority of Requested

Party)

Telephone:____________

Fax:__________________

e-mail:________________

From

(insert identification of the Competent Authority of Requesting

Party)

Telephone:____________

Fax:__________________

e-mail:________________

In accordance with authorization previously granted pursuant to article 5 of

the Agreement between the Government of the United States America and

the Government of the Republic of Malta Concerning Cooperation to

Suppress the Proliferation of Weapons of Mass Destruction, their Delivery

Systems, and Related Materials by Sea (hereinafter, the “Agreement”), the

Security Force Officials of [name of Requesting Party] boarded the suspect

vessel [name of suspect vessel]. Accordingly, [name of Requesting Party]

invites [name of the Requested Party]’s attention to following information

and requests

1. Boarding logistics

1. Time boarding commenced (GMT

(Z)):_________________________

2. Position at time of boarding

3. Resistance or opposition to

boarding:___________________________

4. Number of persons in boarding

team:___________________________

2. Evidence of proliferation by sea

CHECK ONLY ONE OF THE BOXES

The boarding yielded no evidence of proliferation by sea.

The boarding yielded the following evidence that the vessel is

engaged in proliferation by sea

3. Persons on board

Document

Name & Position

Number

Nationality

Date of Birth

4. Other evidence or issues

5. Intentions/request for disposition instructions

CHECK ONLY ONE OF THE BOXES

Due to the absence of evidence of proliferation by sea, the

[name of Requesting Party] intends to conclude the boarding

and release the vessel.

Based on the evidence described above, the [name of

Requesting Party] requests from [name of Requested Party]

authorization to divert and direct the suspect vessel to [name of

place or port] to continue the boarding and space/cargo

accountability dockside. Pursuant to authority previously

granted, the [Requesting Party] will detain the vessel as well as

items and persons on board, pending instructions from the

[name of the Requested Party] regarding the actions the [name

of Requesting Party] is permitted to take concerning the [name

of suspect vessel], as well as items and persons on board.

Based on the evidence that the vessel is engaged in proliferation

by sea set forth above, the [name of Requesting Party] requests

from [name of Requested Party] disposition instructions with

respect to the vessel, cargo, and persons on board. Pursuant to

authority previously granted, the [Requesting Party] will detain

the vessel as well as items and persons on board, pending

instructions from the [name of the Requested Party] regarding

the actions the [name of Requesting Party] is permitted to take

concerning the [name of suspect vessel], as well as items and

persons on board.

Signature/Date/Time (GMT (Z))

Model Form

Miscellaneous Communications Regarding Suspect Vessel

Pursuant to the Agreement

Date/Time (GMT (Z))

Reference (Vessel Name)

(insert identification of the Competent Authority of Requested

Party)

Telephone:____________

Fax:__________________

e-mail:________________

From

(insert identification of the Competent Authority of Requesting

Party)

Telephone:_____________

Fax:__________________

e-mail:________________

Signature/Date/Time (GMT (Z))