Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Franse Republiek inzake het wederzijdse recht van achtervolging tijdens maritieme antidrugsoperaties in de nabijheid van Saint Martin en Sint Maarten

For the purposes of this Agreement:
a) “illicit traffic” has the same meaning as defined in the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances;
b) “suspect vessel” means any vessel in respect of which there are reasonable grounds to suspect that it is engaged in illicit traffic, as defined in paragraph (l) of Article 1 of the San Jose Agreement;
c) “pursuit” refers to entry in the other Party’s territorial sea, as provided by article 4, paragraph 1 of the San Jose Agreement, in the event of unplanned law enforcement operations regarding a suspect vessel, excluding boarding and immobilization of a vessel and any measure of law enforcement, including such as warning orders;
d) “joint maritime operations” refers to planned maritime operations set up to detect and monitor suspect vessels. These operations are strictly limited to the sole observation of suspect vessels. They rule out any interception, use of constraint or deprivation of freedom.

Aux fins du présent Accord :
a) l’expression « trafic illicite » a le même sens que dans la définition de la Convention des Nations Unies de 1988 contre le trafic illicite de stupéfiants et de substances psychotropes ;
b) l’expression « navire suspect » désigne tout navire au sujet duquel existent des motifs raisonnables de soupçonner qu’il se livre à un trafic illicite, tel que défini à l’alinéa l) de l’article 1er de l’Accord de San José ;
c) le terme « poursuite » désigne l’entrée dans la mer territoriale de l’autre Partie, telle que prévue au paragraphe premier de l’article 4 de l’Accord de San José, dans le cadre d’une opération répressive non planifiée relative à un navire suspect, à l’exclusion de l’arraisonnement et de l’immobilisation d’un navire et de toute mesure répressive, notamment un ordre d’avertissement ;
d) l’expression « opérations maritimes conjointes » désigne les opérations maritimes planifiées visant à détecter et à surveiller les navires suspects. Ces opérations se limitent strictement à la seule observation desdits navires suspects. Au titre de ces opérations, sont exclus toute interception, tout recours à la contrainte et toute privation de liberté.

This Agreement has the objective:
a) to create the conditions and procedures by which both Parties have permission to enter each other’s territorial sea during their patrols to conduct surveillance operations in accordance with the objectives of article 2 of the San Jose Agreement in support of the other Party;
b) to create the best conditions enabling the outcome of maritime law enforcement operations initiated by each Party;
c) to specify the technical and operational provisions for operations conducted within the framework of the San Jose Agreement, in accordance with the national law of each Party;
d) to synchronize actions of both Parties, focused on the fight against drug trafficking in a more firm, efficient and effective way;
e) to join forces to combat or control drug trafficking.

This Agreement applies:
a) for maritime operations: to all actions conducted inside the French and Dutch territorial seas of Saint-Martin – Sint Maarten, excluding internal waters;
b) for pursuit: to all actions executed inside the French and Dutch territorial seas of Saint-Martin – Sint Maarten, excluding internal waters.

The maritime services covered by this Agreement are:
a) for the French part: French Customs, Navy and Gendarme, under the coordination of French State Action at Sea (AEM), represented by the French Government delegate for maritime law enforcement in the Caribbean;
b) for the Kingdom of the Netherlands part: the Dutch Caribbean Coast Guard (DCCG) including Royal Netherlands Navy Units under DCCG tactical command (TACOM), represented by the director of the Dutch Caribbean Coast Guard.

1. For the implementation of this Agreement, both Parties establish operational points of contact (POC). These operational POCs are the primary points of contact during operational phases. These operational POCs are 24/7 available to execute this Agreement.
2. Each operational POC:
a) coordinates all internal activities related to information sharing, and arranges meetings to ensure no knowledge bottlenecks exists in the situational awareness;
b) serves as the primary liaison within the individual teams for request of clarity and information management;
c) reports to the operational POC of the other Party the progress of the operations indicated in the information requested or information supplied;
d) transmits to the operational POC of the other Party the schedules of operations established under this Agreement;
e) issues and receives reports of operational activities produced in application of this Agreement.
3. The Parties update each other on the contact details of the operational POC as frequently as needed.

A permanent mutual operational support framework is established for joint maritime operations.
This operational support framework includes:
1. Joint maritime operations a) The Parties agree to try and plan joint maritime operations with their respective assets. To this end, liaison officers of one Party may embark on board the assets of the other Party, as provided by article 4, paragraph 2, and article 9 of the San Jose Agreement;
b) The embarkment of liaison officers is limited to observation only and in liaison with their national authorities;
c) The main objective of joint maritime operations is to detect and monitor, and is strictly limited to the sole observation of a vessel of interest. These operations rule out any interception, use of constraint or deprivation of freedom. They are conducted under the provisions of article 4, paragraphs 2 and 4, and articles 11, 14 and 21 of the San Jose Agreement.
a) The Parties agree to try and plan joint maritime operations with their respective assets. To this end, liaison officers of one Party may embark on board the assets of the other Party, as provided by article 4, paragraph 2, and article 9 of the San Jose Agreement;
b) The embarkment of liaison officers is limited to observation only and in liaison with their national authorities;
c) The main objective of joint maritime operations is to detect and monitor, and is strictly limited to the sole observation of a vessel of interest. These operations rule out any interception, use of constraint or deprivation of freedom. They are conducted under the provisions of article 4, paragraphs 2 and 4, and articles 11, 14 and 21 of the San Jose Agreement.
2. Implementation of joint maritime operations During the operations described in paragraph 1 of this Article, when a vessel of interest is detected by one Party, operating in the territorial sea of the other Party, which requires immediate reaction, that Party is to notify the other Party immediately with all relevant information, including position and time of sighting, description and name of vessel involved, course and speed of vessel and all other information relating to offences suspected in relation with drug trafficking. These reports should be done in the most appropriate and direct way and always be followed by a written report.

1. In accordance with the provisions of the San Jose Agreement, maritime assets of one Party who have begun, in their territorial sea or on the high seas, the pursuit of a vessel suspected of an offence linked to drug trafficking, shall be authorized, under the limitations specified in Article 8 of this Agreement, to continue the pursuit in the other Party’s territorial sea when the competent authorities of the latter Party have been unable to arrive on the spot in time to take over the pursuit.
2. To conduct the cross-border operations mentioned above, pursuing law enforcement officers shall notify the designated operational POC of the other Party as soon as possible:
a) a first notification is made when pursuing law enforcement officers, while still in their territorial sea or in the high seas, anticipate (for instance due to the direction taken by the vessel pursued) that this vessel may enter the other Party’s territorial sea;
b) a second notification is made when pursuing law enforcement officers intend to enter the other Party’s territorial sea.
3. When notifying, pursuing law enforcement officers shall communicate the time, the position, course and speed of the vessel pursued, its identity and description, and the elements of suspicion or incrimination.
4. The pursuit can continue in the other Party’s territorial sea pending the response from the designated POC of the other Party.
5. The operational POC may respond with an explicit decision to refuse authorization to cross the maritime border. Such a decision does not have to be argued.
6. The pursuit shall be terminated as soon as the competent authorities in which territorial sea the pursuit takes place are able to take over the pursuit, or as soon as they request so.
7. During the whole pursuit, the one Party makes regular reports to the other Party with all relevant developments, until the end of the pursuit.
8. During operations, the Party in whose territorial sea the pursuit is taking place is to provide instructions to the detecting asset of the other Party as soon as possible, always followed by a written instruction that rules out any use of force (which includes warning orders and immobilization of a suspect vessel) while waiting for an asset belonging to the one Party to take over the pursuit.

In accordance with the provisions of the San Jose Agreement, cross-border operations conducted within this operational support framework are limited to the following:
a) all actions in the territorial sea of a Party are always conducted under the law enforcement authority of this Party;
b) while in the territorial sea of the other Party, pursuing law enforcement officers of a Party and its vessels shall comply with the legislation of that first Party and shall be bound to respect the instructions that rule out any use of force (which includes warning orders and immobilization of a suspect vessel) while waiting for an asset belonging to the one Party to take over the pursuit;
c) while in the territorial sea of the other Party, pursuing law enforcement officers of one Party do not use their weapons, except in self-defense;
d) while in the territorial sea of the other Party, pursuing law enforcement officers of one Party do not exercise any prerogative of public authority other than that of rescuing and assisting persons in danger.

After the completion of the operations stated in Article 7 of this Agreement, the operational POC from the pursuing law enforcement officers’ side issues a report stating the area of operation, time frame and a list of all vessels observed including their name, type, position, course and speed and any characteristics of particular interest.
This report is sent to the operational POC of the other Party within 24 hours of the completion of the operation.

1. During operations, the vessels of one Party may be authorized to enter the ports of the other Party.
2. A Party operating in the territorial sea of the other Party in support of that other Party may require to enter a port of that Party. The other Party may allow it through a specific approval.
3. A Party provides all necessary support to the vessel and crew of the other Party in case of emergency during operations taking place in its territorial sea. These emergencies include the urgent need to anchor or to enter a port, and other situations, in accordance with the United Nations Convention on the Law of the Sea and other applicable international law between the Parties, such as:
a) for technical reasons (damage to ship or the engine);
b) for personal distress (rescue, disembarkation of sick or injured);
c) due to weather conditions.
The other Party provides all relevant information regarding the emergency.
4. During above mentioned port calls, inspecting or boarding vessels or persons in this maritime area, which includes territorial sea, internal waters and port waters, remains strictly forbidden by law enforcement officers of the other Party.

Coordinated exercises are held at regular intervals in order to train the crews of maritime assets involved in this Agreement to communicate with each other.

1. Both Parties meet at least once per year in order to analyze, identify, organize, and improve all cooperation in the surveillance operations within the scope of this Agreement. These meetings will be held on the island in turn by each of the Parties.
2. A Party may request an intermediate evaluation at any time. The other Party adheres to this request within one month. The maritime services referred to in Article 4 of this Agreement conduct the evaluations.

This Agreement may be amended by the mutual written consent of the Parties. Any amendment shall enter into force in accordance with the provisions laid down in Article 16.

1. Each Party may terminate this Agreement by means of a written notice through diplomatic channels.
2. The termination shall take effect on the first day of the second month following the month in which the notification of termination is received by the other Party.
3. The termination of the Agreement shall not release the Parties from any obligations contracted during its application.

Any dispute concerning the interpretation or application of this Agreement shall be settled by consultation between the Parties.

1. This Agreement shall enter into force on the last date on which both Parties have notified each other, in writing and through diplomatic channels, of the completion of the internal procedure for its entry into force.
2. This Agreement is concluded for an indefinite period unless terminated in accordance with Article 14.