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NARCOTICS ACTIVITIES AGREEMENTS
United States of America
United Kingdom of Great Britain and Northern Ireland
Judicial Assistance Narcotic Drugs Agreement Between the United States of America and the United Kingdom of Great Britain and Northern Ireland
Judicial Assistance: Narcotic Drugs
Entered into force January 19, 1989.
Agreement effected by exchange of letters
Signed at Washington September 18, 1986;
Entered into force October 21, 1986.
And extending agreements.
Effected by exchange of notes
Dated at Washington January 20, 1988;
Entered into force January 20, 1988.
And exchange of notes
Dated at Washington July 20, 1988;
Entered into force July 20, 1988.
And exchange of notes
Dated at Washington January 19, 1989;
The Deputy Secretary of State to the British Ambassador
September 18, 1986
His Excellency
Sir Antony Acland, GCMG, KCVO
Ambassador Extraordinary and Plenipotentiary
The British Embassy
3100 Massachusetts Avenue, N.W.
Washington, D.C. 20008
Sir,
I have the honor to refer to the paper delivered on June 20, 1985 [FN1] by the Minister of the British Embassy to the Deputy Assistant Secretary of State for Inter-American Affairs concerning the desire of Her Majesty's Government to conclude drug cooperation agreements with the United States with respect to British dependencies in the Caribbean, namely, Anguilla, the British Virgin Islands, Montserrat, and the Turks and Caicos Islands. In this regard, the Embassy's paper referred to remarks concerning this matter that were expressed on behalf of Her Majesty's Government by former Minister of State, Mr. Malcolm Rifkind, at the signing ceremony for the Cayman Narcotics Agreement in July 1984. [FN2]
FN1. Not printed.
End of Footnote(s).
FN2. International Legal Materials, vol. xxiv, No. 4, July 1985, pp. 1110- 1118.
End of Footnote(s).
In view of the decision taken by our Governments to conclude a series of drug cooperation agreements, based upon the 1984 Cayman model, with respect to the United Kingdom dependencies in question and to give effect to the decision to conclude the first such agreement with respect to the Turks and Caicos Islands, the Government of the United States of America hereby proposes to enter into the following Agreement with the United Kingdom Government, on behalf of the Turks and Caicos Islands:
1. Definitions.
For the purpose of this Agreement:
1.1 "Assistor" means the person from whom documentary information is sought under the Certificate;
1.2 "Turks and Caicos" means "the Turks and Caicos Islands". "United Kingdom" means "the United Kingdom of Great Britain and Northern Ireland". "United States" means "the United States of America";
1.3 "Certificate" means the document used by the United States Attorney General to request documentary information, the particulars of and form for which are provided in the Annex to this Agreement;
1.4 "documentary information" includes, but is not limited to, any document, memorandum, report, record, or data compilation in any form, and any plan, graph, drawing, or photograph, and any disc, tape, or other device for audio reproduction or computer use, and any film, negative, tape or other device for visual image reproduction;
1.5 "foundation testimony" means witness testimony solely for the purpose of securing the acceptance as admissible evidence in proceedings in the United States of documentary information as specified in paragraph 3.1; and
1.6 "official records" means--
i. publicly available records of the Turks and Caicos Government, its Departments and agencies; and
ii. any record or information in the possession of the Turks and Caicos Government, its Departments and agencies not publicly available but which the Turks and Caicos Government may make available subject to such terms and conditions as it may specify.
2. Matters Falling Within the Scope of the Agreement.
2.1 This Agreement applies to all offenses or ancillary civil or administrative proceedings taken by the United States Government or its agencies connected with, arising from, related to, or resulting from any narcotics activity referred to in Article 36 of the Single Convention on Narcotics Drugs, 1961, as amended, [FN1] and falling within the jurisdiction of the United States.
FN1. TIAS 6298, 8118; 18 UST 1407; 26 UST 1439.
End of Footnote(s).
3. Procedure to Secure Documentary Information.
3.1 When the Attorney General of the United States has reason to believe that--
i. identified persons are involved in a matter falling within the scope of this Agreement; and
ii. documentary information relevant to the resolution of that matter is located within Turks and Caicos,
he may issue a Certificate to the Attorney General of Turks and Caicos requesting that information.
3.2a Upon receipt of a Certificate the Turks and Caicos Attorney General will issue to the Assistor a notice requiring the Assistor to produce to the Attorney General of Turks and Caicos the documentary information requested pursuant to paragraph 3.1 above in the Assistor's possession, custody or control within 14 days of the date of the said notice unless that period is extended for good cause with the concurrence of the United States Attorney General or is shortened with the concurrence of the Attorney General of Turks and Caicos.
3.2b To insure production of the documentary information Turks and Caicos will provide that, if the Assistor refuses to produce the documentary information, the Assistor will be liable to a substantial fine and imprisonment, and that Turks and Caicos will seize the documentary information.
3.3 The Attorney General of Turks and Caicos will not notify the Assistor of the issue of the Certificate prior to the issue of the notice referred to in paragraph 3.2a unless the United States Attorney General or his designee requests or agrees in writing to such notification.
3.4 The Assistor will not be permitted to notify other third persons of the Certificate, the said notice, the documentary information or any communications in connection with the inquiry for a period of 90 days from the date of the Certificate or for a further period of 90 days on request of the United States Attorney General or his designee to the Attorney General of Turks and Caicos or for such a further period or periods thereafter as may be mutually agreed between the said Attorneys General and communicated to the Assistor.
3.5 The relevant United States Government prosecutor may if necessary liaise with the Assistor to assist in the identification of documentary information subject to the prior written consent of the Attorney General of Turks and Caicos. The prosecutor may also liaise with the Turks and Caicos Commissioner of Police if necessary.
3.6 Promptly upon receipt of any documentary information from the Assistor, the Attorney General of Turks and Caicos will send the same to the United States Attorney General.
4. Authentication of Documentary Information and Foundation Testimony.
A. Authentication and Attestation of Official Records.
4.A.1 Official records produced in response to the Certificate will be authenticated in Turks and Caicos by the attestation of an authorized person in the manner indicated in Form A attached hereto. The attestation will be signed by, and state the official position of, the attesting person, and the seal of the authority executing the request will be affixed thereto. Authentication of official records will be carried out in Turks and Caicos under the provisions of the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents dated 5 October 1961. [FN1]
FN1. TIAS 10072; 33 UST 883.
End of Footnote(s).
B. Authentication and Attestation of Documentary Information other than Official Records. 4.B.1. Documentary information other than official records produced by the Assistor in response to the Certificate will be authenticated in Turks and Caicos by the attestation of a person competent to do so in the manner indicated in Form B attached hereto.
C. Foundation Testimony.
4.C.1. Foundation testimony, with respect to documents provided under this Agreement, will be by way of affidavit, deposition taken in Turks and Caicos, voluntary appearance by a witness at proceedings specified in paragraph 2 above in the United States, or such other procedure as may be mutually agreed upon.
4.C.2. Upon the request of the United States Attorney General or his designee, the Assistor will swear an affidavit in Turks and Caicos containing such recitals as are necessary for foundation testimony.
4.C.3. The United States Attorney General or his designee may request, and the assistor will provide, foundation testimony at a deposition in Turks and Caicos under rule 15 of the United States Federal Rules of Criminal Procedure.
4.C.4. An Assistor providing foundation testimony under the provisions of paragraph 4.C.2. or 4.C.3, will enjoy the protection of Turks and Caicos law as regards immunity, self-incrimination, privilege and incapacity. Turks and Caicos will provide by way of legislation the procedure to be followed when such protection is invoked.
4.C.5. Should it become necessary for the successful conduct of the proceedings in the United States that foundation testimony be obtained, the United States Attorney General or his designee may request the Assistor to attend the relevant court in the United States to provide such testimony.
4.C.6. An Assistor who provides foundation testimony under any of paragraphs 4.C.2, 4.C.3 or 4.C.5 will enjoy, in accordance with and to the full extent allowed under United States law, the protection of United States law as regards immunity, self-incrimination, privilege and incapacity. This provision is in addition to and not in derogation of the provisions of paragraph 4.C.4.
4.C.7. The United States Attorney General or his designee will advise the Attorney General of Turks and Caicos in writing prior to any request being made pursuant to paragraphs 4.C.2, 4.C.3 and 4.C.5.
5. Consultation.
5.1 The United States Attorney General or his designee and the Attorney General of Turks and Caicos will consult, as mutually determined by them, to enable the most effective use to be made of this Agreement. Such consultations will include the status and disposition of proceedings utilizing documentary information secured pursuant to this Agreement as may be lawfully disclosed.
5.2 In any case of difficulty either the Turks and Caicos Government or the United States Government may request the assistance of the United Kingdom Government to resolve the difficulty by way of consultation.
6. Exclusivity.
6.1 No Federal subpoena (including a Grand Jury subpoena) related to documentary information located in Turks and Caicos in any matter falling within paragraph 2.1 of this Agreement will be enforced in the United States without the prior agreement of either the United Kingdom Government or the Turks and Caicos Government.
7. Negotiation of a Mutual Legal Assistance Treaty.
7.1 The Governments of the United States and the United Kingdom, including Turks and Caicos, agree to enter into negotiations concerning a Treaty between the United States and Turks and Caicos providing for mutual legal assistance in criminal matters.
7.2 If the Governments of the United States and the United Kingdom, including Turks and Caicos, are satisfied that this Agreement is working satisfactorily, representatives of the said Governments will meet nine months after the date this Agreement comes into operation to negotiate the said Treaty.
7.3 The Governments of the United States and the United Kingdom, including Turks and Caicos, will use their best endeavors to conclude a Mutual Legal Assistance Treaty within fifteen months of the date this Agreement comes into operation with the intention to bring such a Treaty into force as soon thereafter as their constitutional procedures will allow.
8. Coming into Operation of the Agreement.
8.1 This Agreement will come into operation on the date the United Kingdom Government notifies the United States Government in writing that the Turks and Caicos legislation implementing this Agreement has come into effect. [FN1]
FN1. Oct. 21, 1986.
End of Footnote(s).
9. Termination of the Agreement.
9.1 The Government of either the United States or the United Kingdom, including Turks and Caicos, may terminate this Agreement by giving one calendar month's notice in writing to the other Governments at any time after the expiration of two calendar months from the date of its coming into operation. Prior to issuing such notice of termination, the Government doing so will consult with the other Governments.
10. Expiration of the Agreement.
10.1 This Agreement will expire fifteen calendar months from the date of its coming into operation unless it is extended by the mutual agreement of the Governments of the United States and the United Kingdom, including Turks and Caicos.
If the Government of the United Kingdom of Great Britain and Northern Ireland is in agreement with the foregoing, this letter and your letter in reply will constitute an agreement between our two Governments.
Very truly yours,
John C. Whitehead
ANNEX
THE CERTIFICATE
1. The Certificate will--
i. be signed by the United States Attorney General;
ii. in respect of Grand Jury proceedings identify those proceedings by Grand Jury number and in respect of an indictment identify such indictment by caption and docket number;
iii. certify that the United States Attorney General has reason to believe that a matter falling within the scope of this Agreement has arisen;
iv. request that the Attorney General of Turks and Caicos secure the documents identified by the United States Attorney General;
v. declare that the information is relevant to the successful resolution of the matter; and
vi. undertake that, save with the consent of the Turks and Caicos Government, the information will not be used for any purposes other than the resolution of matters encompassed by this Agreement.
2. Only one Certificate will be required to enable the production of the documentary information relating to the matter which is the subject of the Certificate.
3. The Certificate will be drawn in the following manner:
CERTIFICATE
Grand Jury Number:/Indictment Caption and Docket Number:
Having regard to the provisions of the Agreement between the Governments of the United States of America and the United Kingdom of Great Britain and Northern Ireland dated ............ I, .............., the Attorney General of the United States of America, hereby certify as follows:
1. I have reason to believe that individuals and entities, identified by United States law enforcement officers, are involved in a matter falling within Article 36 of the Single Convention on Narcotic Drugs, 1961, as more fully described in the Agreement.
2. I request that you, the Attorney General of Turks and Caicos, secure to me, the Attorney General of the United States, that documentary information believed by me to be held by the following [Person] which is described in the schedule and believed by me to be relevant to the resolution of the matter in hand, as well as other documentary information subsequently identified by the United States Attorney General or his designee as being relevant to the resolution of the matter in hand.
3. The said documentary information will not be used or disclosed by the United States Government or its agencies for any purposes other than the resolution of matters encompassed by the said Agreement without the written consent of the Turks and Caicos Government through the Attorney General of Turks and Caicos.
SCHEDULE
[Signed]
Attorney General of the United States of America
The British Ambassador to the Deputy Secretary of State
September 18, 1986
FROM THE AMBASSADOR
The Honorable
John C Whitehead
Deputy Secretary of State
Department of State
Washington DC
Your Excellency,
I have the honour to refer to your letter dated 18 September, 1986, in which you propose the conclusion of a narcotics cooperation agreement between the Governments of the United Kingdom of Great Britain and Northern Ireland and the United States of America, with respect to the Turks and Caicos Islands, and set forth the terms of such an agreement. I have the pleasure to inform you that Her Majesty's Government, including the Turks and Caicos Islands, accept the terms of the proposed agreement.
Her Majesty's Government agree that your letter of 18 September, 1986, and this reply shall constitute an agreement between our two Governments, which shall come into operation in accordance with the terms set forth in paragraph 8 of your letter.
I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.
Antony Acland
[EXTENDING AGREEMENTS]
The Department of State to the British Embassy
The Department of State refers to the Exchange of Letters constituting a Narcotics Cooperation Agreement between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, with respect to the Turks and Caicos Islands, which was concluded on September 18, 1986 and which entered into force on October 21, 1986.
The Department of State refers to paragraph 10 of the above-mentioned Agreement and proposes that, inasmuch as the initial fifteen-month period of operation of the Agreement is due to expire on January 21, 1988, the Agreement be extended in force for an additional six-month period.
If the Government of the United Kingdom, including the Turks and Caicos Islands, agrees with this proposal, this Note and the Embassy's reply thereto shall constitute an Agreement between our two Governments which shall enter into force with effect from January 21, 1988.
Department of State,
Washington, January 20, 1988
The British Embassy to the Department of State
NOTE NO: 8
Her Britannic Majesty's Embassy present their compliments to the Department of State of the United States of America and have the honour to confirm that the Government of the United Kingdom, including the Turks and Caicos Islands, agree with the proposal in the State Department Note dated 20 January, 1988, that with effect from 21 January, 1988, the Narcotics Cooperation Agreement between our two Governments of 18 September, 1986, be extended for an additional six- month period.
Her Majesty's Government agree that the State Department's Note of 20 January and this reply shall constitute an Agreement between our two Governments, which shall enter into force with effect from 21 January, 1988.
Her Britannic Majesty's Embassy avail themselves of this opportunity to renew to the Department of State the assurances of their highest consideration.
BRITISH EMBASSY
Washington DC
January 20, 1988
The Department of State to the British Embassy
The Department of State refers to the Exchange of Letters constituting a Narcotics Cooperation Agreement between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, with respect to the Turks and Caicos Islands, which was concluded on September 18, 1986, entered into force on October 21, 1986, and was extended for six months by exchange of notes dated January 20, 1988.
Inasmuch as the initial six-month extension of the agreement is due to expire on July 21, 1988, the Department hereby proposes that the agreement be extended in force for an additional six-month period.
If the Government of the United Kingdom, including the Turks and Caicos Islands, agrees with this proposal, this note and the Embassy's reply thereto shall constitute an agreement between the Governments which shall enter into force on the date of the response, with effect from July 21, 1988.
Department of State,
Washington, July 20, 1988.
The British Embassy to the Department of State
NOTE NO: 145
Her Britannic Majesty's Embassy present their compliments to the Department of State of the United States of America and have the honour to confirm that the Government of the United Kingdom, including the Turks and Caicos Islands, agree with the proposal in the State Department Note dated 20 July, 1988, that with effect from 21 July, 1988, the Narcotics Cooperation Agreement between our two Governments of 18 September, 1986, be extended for an additional six-month period.
Her Majesty's Government agree that the State Department's Note of 20 July, 1988, and this reply shall constitute an Agreement between our two Governments, which shall enter into force with effect from 21 July, 1988.
Her Britannic Majesty's Embassy avail themselves of this opportunity to renew to the Department of State the assurances of their highest consideration.
BRITISH EMBASSY
Washington DC
July 20, 1988
The Department of State to the British Embassy
The Department of State refers to the Exchange of Letters constituting a Narcotics Cooperation Agreement between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, with respect to the Turks and Caicos Islands, which was concluded on September 18, 1986, and entered into force on October 21, 1986.
The Department further refers to paragraph 10 of the Agreement and proposes that, inasmuch as the initial six-month extension is due to expire on January 21, 1989, the Agreement be extended in force for an additional six-month period.
If the Government of the United Kingdom, including the Turks and Caicos Islands, agrees with this proposal, this note and the Embassy's reply thereto shall constitute an agreement between the Governments which shall enter into force on the date of the response, with effect from January 21, 1989.
Department of State,
Washington, January 19, 1989.
The British Embassy to the Department of State
NOTE NO: 4
Her Britannic Majesty's Embassy present their compliments to the Department of State of the United States of America and have the honour to confirm that the Government of the United Kingdom, including the Turks and Caicos Islands, agree with the proposal in the State Department's Note dated 19 January, 1989, that with effect from 21 January, 1989, the Narcotics Cooperation Agreement between our two Governments of 18 September, 1986, be extended for an additional six- month period.
Her Majesty's Government agree that the State Department's Note of 19 January, 1989, and this reply shall constitute an Agreement between our two Governments, which shall enter into force with effect from 21 January, 1989.
Her Britannic Majesty's Embassy avail themselves of this opportunity to renew to the Department of State the assurance of their highest consideration.
BRITISH EMBASSY
Washington DC
January 19, 1989
T.I.A.S. No. 11605, 1986 WL 224251 (Treaty)
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