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Maritime Search and Rescue Agreement between the Federated States of Micronesia Department of External Affairs and the United States Coast Guard of the United States of America [1998] PITSE 8 (10 June 1998)

MARITIME SEARCH AND RESCUE AGREEMENT BETWEEN THE FEDERATED STATES OF MICRONESIA DEPARTMENT OF EXTERNAL AFFAIRS AND THE UNITED STATES COAST GUARD OF THE UNITED STATES OF AMERICA

(Honolulu, 10 June 1998)

ENTRY INTO FORCE: 10 JUNE 1998

THE FEDERATED STATES OF MICRONESIA DEPARTMENT OF EXTERNAL AFFAIRS AND THE UNITED STATES COAST GUARD OF THE UNITED STATES OF AMERICA,

RECOGNIZING the great importance of cooperation in maritime search and rescue and of the provision of expeditious and effective search and rescue services,

HAVE AGREED AS FOLLOWS:

Article I

1. Either party, on receiving information of any person in distress at sea within its regions of responsibility, shall take urgent measures to provide the most appropriate assistance available regardless of the nationality or status of such a person or the circumstances in which that person is found.

2. The parties, in conducting their search and rescue operations, undertake to cooperate with each other to the extent necessary for the purpose of coordinating and conducting such search and rescue operations, and shall assist each other as their capabilities allow.

3. For any search and rescue operation involving both parties, the parties shall agree, through consultation, in each case which party will have primary responsibility for coordinating the search and rescue operations.

4. Entry of search and rescue units into the territorial seas of the other party for the purpose of conducting search and rescue operations will be expeditiously arranged via the appropriate search and rescue point of contact in accordance with the provisions of this Agreement.

5. In accordance with customary international law, solely for the purpose of rendering emergency assistance to persons, vessels, or aircraft in danger or distress from perils of the sea, when the location is reasonably well known, search and rescue units of either party may immediately enter the territorial seas of the other party, with notification of such entry made as soon as practicable.

6. To facilitate the coordination and conduct of search and rescue referred to in this Article, the parties shall keep each other fully and promptly apprised of all relevant search and rescue operations and shall develop appropriate procedures to provide for the fastest and most effective means of communication.

Article II

1. The search and rescue point of contact for the United States Coast Guard is the Rescue Coordination Center Honolulu. The United States Coast Guard Marianas Section should also receive copies of all messages.

2. The parties undertake to report to each other on maritime search and rescue cases of common interest when necessary or appropriate.

3. The parties undertake to keep each other informed in a timely and effective manner on search and rescue cases of mutual interest, or on cases which could potentially involve the other party.

4. The parties agree to exchange information, in addition to that related to specific search and rescue cases that may serve to improve the effectiveness of maritime search and rescue operations. Such information may include, but need not be limited to, identification of potential search and rescue units (including locations and capabilities), description of available air fields and medical and fuelling facilities, information useful in training search and rescue personnel, etc.

Article III

The parties, to promote mutual cooperation in maritime search and rescue, will give due consideration to collaborative efforts, including but not limited to:

(A) Mutual visits between search and rescue personnel;

(B) Conduct of joint exercises of search and rescue operations, and of training in search and rescue services;

(C) Use of ship reporting systems for search and rescue;

(D) Development of search and rescue procedures, techniques, equipment, and facilities; and

(E) Provision of services in support of search and rescue operations such as use of aircraft landing fields, and fuelling or medical facilities.

Article IV

1. Nothing in this Agreement shall affect in any way rights and obligations resulting from international agreements pertaining to either party and rights and obligations of Customary international law.

2. The parties will implement this Agreement in accordance with international law and their respective laws and regulations.

Article V

1. Specific obligations of the parties to this Agreement are contingent upon the availability of search and rescue personnel, facilities, and funding. However, the inability of a party to meet any specific obligation by reason of such non-availability shall not affect other obligations of that party under the Agreement.

2. Unless otherwise agreed by the parties, each party is obligated to fund the expenses for search and rescue operations or activities conducted by itself under this Agreement, and neither party shall be obligated to reimburse the other.

Article VI

1. This Agreement shall enter into force on the date of signature.

2. This Agreement shall be terminated on the date of expiration of six months after written notice by either party of its intention to terminate this Agreement to the other, or on the date of the entry into force of a superseding Agreement.

3. Termination as referred to in paragraph 2 shall not affect the maritime search and rescue operations which have been terminated as referred to in paragraph 2 unless otherwise agreed to by the parties.

4. This Agreement may be amended by written Agreement between the parties.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective governments have signed this Agreement.

DONE at Honolulu, Hawaii, in duplicate, this 10th day of June, 1988, in the English language.