VZCZCXYZ0000
PP RUEHWEB

DE RUEHKG #0981/01 3241606
ZNR UUUUU ZZH
P 191606Z NOV 08
FM AMEMBASSY KINGSTON
TO RUEHC/SECSTATE WASHDC PRIORITY 6971
INFO RULSJGA/DEPT OF TRANSPORTATION WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RHMFIUU/TSA HQ WASHINGTON DC

UNCLAS KINGSTON 000981 
 
SIPDIS 
 
STATE FOR EEB/TRA/OTP (BRIAN SILER) 
 
WHA/CAR (ANDRE CADIEUX) 
 
L/EB (KATHLEEN MILTON) 
 
DHS/TSA (LORETTA MCNEIR, ANTHONY GIOVANNIELLO) 
 
DHS/FAMS (DHOLLEY) 
 
E.O. 12958:  N/A 
TAGS: EAIR PGOV PTER KTIA PREL 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) 
(C) KINGSTON 329 (171911Z APR 08) 
(D) STATE 84402 (061607Z AUG 08) 
(E) KINGSTON 709 (081444Z AUG 08) 
(F) KINGSTON 739 (221848Z AUG 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 
November 8, 2008: 
 
(BEGIN TEXT OF JAMAICAN DIPLOMATIC NOTE) 
---------------------------------------- 
 
Ref No.: 358/801/3) 
 
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. 259/08 dated 
August 8, 2008 concerning a proposed 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. The Participants intend to carry out air marshal 
operations in a manner consistent with the provisions 
of the Convention on Offences and Certain Other Acts 
Committed On Board Aircraft ("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 
 
engage 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 and 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 decided in writing between 
the Participants. 
 
¶2. These operational procedures should be in accordance 
with the terms of this arrangement as set out ((SIC)) 
herein. 
 
¶3. Neither Participant intends to disclose to third 
States or to any private 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 ((SIC)) 
--------------------------------------------- -------------- 
 
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 expected to commence on a date 
to be determined in writing by the Participants by 
exchange of Diplomatic Notes. 
 
If it is acceptable to the Government of the United 
States of America, the Ministry proposes that the 
arrangements herein commence on the date of this Note 
in reply. 
 
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. 
 
(END TEXT OF JAMAICAN DIPLOMATIC NOTE) 
--------------------------------------------- ----------------------- 
 
¶2. The text of the above note appears to differ from 
the text provided reftel (D) only in the following 
respects: 
 
-- in Section 5.2, ?set out? (rather than ?set forth?); 
 
-- in the heading of Section 6, ?Air marshals? (rather 
than ?Air Marshals?); 
 
-- the addition of the final sentence regarding 
commencement. 
 
Action Requested 
---------------- 
 
¶3.  Post requests that Department advise next steps to 
be taken. 
 
HEG