Art. 7 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

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 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; 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.

Pursuit

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