Fact Sheet
Office of the Spokesman
Washington, DC
August 11, 2008
Q: The United States and The Bahamas Proliferation Security Initiative Shipboarding Agreement
Question: What benefits do countries receive from signing a Proliferation Security Initiative Shipboarding Agreement?
Answer: The U.S.-Bahamas "Agreement on Cooperation to Suppress the Proliferation of Weapons of Mass Destruction, Their
Delivery Systems, and Related Materials by Sea" will put into place procedures and identify points of contact to permit
the inspection by either Party of vessels flying their flags suspected of transporting proliferation-related cargo. This
agreement will promote the goal of the Proliferation Security Initiative - to stop shipments of weapons of mass
destruction (WMD), their delivery systems, and related materials to and from states and non-state actors of
proliferation concern. It will also serve to deter proliferators and help ensure that ships flying our flags will not
become involved in the transport of proliferation-related cargo. The agreement will enhance the reputation of the
Bahamas' ship registry as a flag of quality and thereby increase its attractiveness to legitimate international
commercial enterprises.
Question: How many Proliferation Security Initiative shipboarding agreements has the United States signed?
Answer: This is the ninth bilateral shipboarding agreement the United States has signed under the auspices of the
Proliferation Security Initiative. Taken together, the shipboarding agreements with the Bahamas, Liberia, Panama, the
Marshall Islands, Belize, Cyprus, Croatia, Malta, and Mongolia cover a large portion of the world's cargo fleet, along
with informal commitments among other PSI participating states to expedite any request made by each other to board and
inspect a ship flying their flag that is suspected of transporting proliferation-related cargo.
Question: What is the significance of this agreement with the Bahamas?
Answer: The shipboarding agreement with the Bahamas is important because of the size of its flag registry. The Bahamas has the
world's third largest flag registry of merchant ships, measured by gross tonnage, and serves as an open registry for
ship owners from dozens of countries. (Open registries permit ships owned by an entity in another country to register in
and fly the flag of the registry State). The Bahamas is demonstrating its continued commitment to nonproliferation and
willingness to set an example for other states with large flag registries.
Question: What is the Proliferation Security Initiative?
Answer: The Proliferation Security Initiative (PSI) is an informal effort among states around the world aimed at stopping
trafficking of WMD, their delivery systems, and related materials to and from states and non-state actors of
proliferation concern. The PSI is an innovative and proactive approach to preventing WMD proliferation that relies on
cooperative actions by states that are consistent with national legal authorities and relevant international law and
frameworks. More than 90 countries have endorsed the Proliferation Security Initiative and participate in its activities
on a voluntary basis.
Question: Is this shipboarding agreement consistent with international law?
Answer: Yes. The PSI Statement of Interdiction Principles makes clear that all PSI activities are taken consistent with
national legal authorities and relevant international law and frameworks.
This agreement strengthens the legal basis for the maritime interdiction of WMD-related items and conforms to both
Parties' domestic legal authorities and international law, including the UN Convention on the Law of the Sea. The
boarding procedures do not change existing international maritime law nor infringe upon the traditional principle of
freedom of navigation.
The Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
(the 2005 SUA Protocol) adopted by the International Maritime Organization Diplomatic Conference in London on October
14, 2005, will, when it enters into force, create an international shipboarding regime based on flag state consent
similar to agreements that the United States has concluded bilaterally as part of the PSI. The 2005 SUA Protocol
shipboarding regime will provide an international legal framework to facilitate interdiction in international waters of
WMD, their delivery systems, and related materials, as well as terrorist fugitives. The 2005 SUA Protocol is currently
before the U.S. Senate for its advice and consent to ratification.
Question: How will this agreement be implemented?
Answer: The agreement establishes 24/7 points of contact for rapid communication in case of a suspect shipment. If a U.S. or
Bahamas-flagged vessel is suspected of carrying proliferation-related cargo, either one of the Parties to this agreement
can request of the other to confirm the nationality of the ship in question and authorize the boarding, search, and
possible detention of the vessel and its cargo. A shipboarding request can be made and implemented by either Party. The
agreement applies to flagged vessels of either Party located in international waters. The agreement does not apply to
third-party vessels or to territorial waters.
Question: Where can we obtain the text of the shipboarding agreement?
Answer: Once the signed documents are processed, they will be posted to the State Department's Proliferation Security
Initiative website at http://www.state.gov/t/isn/c12386.htm. Our other completed shipboarding agreements can also be
viewed at this site.
2008/632
Released on August 11, 2008
ENDS