VZCZCXYZ0006
PP RUEHWEB

DE RUEHKG #0329/01 1081911
ZNR UUUUU ZZH
P 171911Z APR 08
FM AMEMBASSY KINGSTON
TO RUEHC/SECSTATE WASHDC PRIORITY 6211
INFO RULSJGA/DEPT OF TRANSPORTATION WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEATSA/TSA WASHINGTON DC

UNCLAS KINGSTON 000329 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EEB/TRA/OTP (JOHN EMERY) 
WHA/CAR (JOE TILGHMAN) 
DHS/TSA (LMCNEIR, AGIOVANNIELLO) 
DHS/FAMS (DHOLLEY) 
 
E.O. 12958:  N/A 
TAGS: EAIR PGOV PTER KTIA 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) 
 
¶1. Post has received the following diplomatic note from the 
Government of Jamaica (GoJ)'s Ministry of Foreign Affairs and 
Foreign Trade (MFAFT), dated April 15, 2008: 
 
(Begin text of GoJ's diplomatic note no. 220/701/23) 
--------------------------------------------- ------ 
 
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. 2007-019 
dated January 30, 2007 proposing an 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. It is agreed that all obligations and powers to be exercised 
pursuant to this arrangement is ((sic)) intended to be carried out 
in accordance with and subject to the provisions of the Convention 
on Offences and Certain Other Acts Committed On Board Aircraft (the 
"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 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 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 to be agreed in writing between the 
Participants. 
 
¶2. These operational procedures is ((sic)) to be in accordance with 
the terms of this agreement as set our herein. 
 
¶3. Neither Participant is to disclose to third States or to any 
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 
 
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 to take effect on a date to be agreed in 
writing by the Participants by exchange of Diplomatic Notes. 
 
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. 
 
(MFAFT Seal) 
 
Embassy of the United States of America 
KINGSTON 
 
April 15, 2008 
 
(End text of GoJ's diplomatic note no. 220/701/23) 
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HEG