MARITIME DRUG TRAFFICKING (SUPPRESSION) ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Application of the Act to treaty States

   4   Establishment of Central Authority

 

PART II
Requests by Jamaica

   5   Requests by Jamaica relating to waters seaward of territorial sea

   6   Contents of request

   7   Request for assistance to conduct patrols, etc, in Jamaican waters

   8   Embarking on treaty State's law enforcement vessels

   9   Law enforcement actions, responsibility of Jamaican law enforcement officials

   10   Authority of Jamaican law enforcement officials on board treaty State's vessel

   11   Permission to follow aircraft or vessel into treaty State waters

   12   Permission to overfly treaty State waters

 

PART III
Requests by treaty State

   13   Request by treaty State relating to waters seaward of territorial sea

   14   Contents of request by treaty State

   15   Request for assistance to conduct patrol, etc, in treaty State waters

   16   Embarking on Jamaican law enforcement vessels

   17   Authority of law enforcement officials of a treaty State on board Jamaican vessel

   18   Permission to follow aircraft or vessel in Jamaican waters

   19   Aircraft support in Jamaican airspace or Jamaican waters

 

PART IV
General

   20   Waiver of jurisdiction

   21   Extension of laws of Jamaica to offences committed on vessels outside Jamaican waters

   22   Regulations

 

THE MARITIME DRUG TRAFFICKING (SUPPRESSION) ACT

[Date of Commencement: 24th February, 1998]

Act 1 of 1998.

PART I
Preliminary (sections 1-4)

1   Short title

   This Act may be cited as the Maritime Drug Trafficking (Suppression) Act.

2   Interpretation

   In this Act-

   ''Central Authority" means the Authority established under section 4;

   ''the Convention'' means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances;

   "illicit traffic" has the same meaning as in the Convention;

   "Jamaica" has the same meaning as in the Jamaica Independence Act;

   "Jamaican airspace'' means the airspace over Jamaica and Jamaican waters;

   ''Jamaican waters" means the internal waters of Jamaica as defined in section 4 of the Maritime Areas Act, 1996, the archipelagic waters of Jamaica as defined in section 5 of that Act and the territorial sea of Jamaica as defined in section 12 of that Act;

   "law enforcement officials" means-

   (a)   members of the Jamaica Constabulary Force or members of the Jamaica Defence Force; or

   (b)   any person designated as such by a treaty State;

   "law enforcement vessels" means-

   (a)   ships clearly marked and identifiable as being on government non-commercial service and authorised and used for law enforcement purposes; and

   (b)   any boat or aircraft embarked on such ships;

   "treaty State" means any foreign State in relation to which an order under section 3(1) is for the time being in force and includes-

   (a)   a colony, territory, protectorate or other dependency of such State;

   (b)   a territory for the international relations of which such State is responsible;

   "treaty State waters" means waters under the sovereighty of a treaty State.

3   Application of Act to treaty States

   (1) Where any maritime drug trafficking treaty has been made with any foreign State, the Minister may, by order, declare that the provisions of this Act shall apply in respect of that foreign State, subject to such exceptions, adaptations or modifications, as the Minister, having due regard to the terms of such treaty, may deem expedient to specify in the order for the purposes of implementing those terms.

   (2) The Minister may from time to time by order, compile and publish in the Gazette, a list of foreign States with which maritime drug trafficking treaties are in force; and, without prejudice to any other form of proof of the existence of such treaty, such an order shall, in any proceedings, be conclusive evidence that a maritime drug trafficking treaty is in force between Jamaica and each foreign State named in the list.

   (3) An order under this section shall be subject to affirmative resolution.

4   Establishment of Central Authority

   (1) There is hereby established an Authority to be known as the Central Authority which shall be the Minister responsible for national security or any person designated by him for the purpose of performing such functions or duties of the Central Authority as may be specified in the instrument of designation.

   (2) The Central Authority shall have the power to make, receive and approve requests for assistances as specified in this Act.

PART II
Requests by Jamaica (sections 5-12)

5   Requests by Jamaica relating to waters seaward of territorial sea

   (1) Where Jamaican law enforcement officials have reasonable grounds for suspecting that a foreign vessel of a treaty State is engaging in illicit traffic seaward of any State's territorial sea, the Central Authority may request that State in which the foreign vessel is registered or claims to be registered to verify the registration of that vessel and, if verified, to authorise the boarding and search of such vessel, its cargo and persons found on board.

   (2) A request made under this section shall be conveyed orally and confirmed in writing to the competent authority of the treaty State and shall state the grounds on which it is made.

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