CHAPTER 3

JURISDICTION

 

   PURPOSE OF CHAPTER AND MISSION             

Chapter 3 describes the jurisdiction and law enforcement authority that may be exercised by a Maritime Force.

While Chapters 1 and 2 deal with internal structure and general authorities of a Maritime Force, Chapter 3 is principally concerned with the limits, geographic and otherwise, within which a state’s authority may be exerted. Many of the terms and jurisdictional concepts used in this chapter are drawn directly from the 1982 Law of the Sea (LOS) Convention. The concepts from that convention discussed in this Title are almost universally considered to be "customary international law" and apply whether or not a state is a party to the LOS Convention.

Subpart 3(A), entitled "General Concepts of Jurisdiction", defines the principal jurisdictional terms. In this subpart, terms such as "territorial seas" and "internal waters" are defined. Some jurisdictional terms involve political variables and require legislative action to properly define the term. For example, one state may determine what it recognizes as a second state’s territorial waters without reference to what the second state claims as its own territorial waters. Such a jurisdictional determination is made by the state’s legislature (which may be in the form of acceptance of an international treaty).

Subpart 3(B), "Jurisdictional Limitations," describes a state’s jurisdictional authority in the different zones defined in subpart 3(A). The jurisdictional limits of authority outlined in this Title are an integral part of the concept of national sovereignty and are customary international law. Subpart 3(C), "Navigation of Vessels and Aircraft," sets forth certain well-recognized limits, such as innocent passage and force majeure, to the exercise of jurisdiction by a coastal state.

Subpart 3(D), "Civil and Criminal Jurisdiction," states the authority of a state over vessels both bearing that state’s flag and flying foreign flags. This subpart also explains the special status afforded warships and government-owned vessels used for noncommercial service.

Legislative grants of general and specific authority are set forth in subpart 3(E), "Law Enforcement Authority and General Provisions." This subpart establishes the general parameters within which a Maritime Force performs its duties. For example, this subpart sets forth a general list of the law enforcement responsibilities assigned to the service (e.g., enforce international treaties, suppress piracy). In addition, a compilation of general prohibitions relating to law enforcement (e.g., obligation to stop a vessel when so directed by Maritime Force personnel, prohibition against interference with Maritime Force personnel in the performance of their official duties) is included in this subpart.

THE U.S. COAST GUARD

The U.S. Coast Guard is authorized to enforce, or assist in the enforcement of, all U.S. Federal laws applicable on, over, and under the high seas and waters subject to the jurisdiction of the United States. These include laws which provide for the U.S. Coast Guard to exclusively act, and those which the Coast Guard enforces primarily for some other Federal agency. Generally, the Coast Guard must determine on a case-by-case basis whether it has jurisdiction. Besides determining whether it has the domestic authority to assert jurisdiction, it often must also determine whether an assertion of jurisdiction is consistent with international law. In many cases involving a foreign vessel, the Coast Guard decides whether it has jurisdiction over the vessel and its personnel based on three elements: the activities of the vessel and personnel, the location of the vessel, and the nationality of the vessel.

Two notes are warranted here. The first relates to the phrase "waters subject to United States jurisdiction." This phrase encompasses more than United States territorial waters; it also extends to those waters where the United States, pursuant to an agreement with a foreign government, has been authorized to take law enforcement action involving United States or foreign vessels. Such waters could, and in actual practice do, include foreign territorial waters.

The second point is that the Coast Guard may go aboard any United States vessel at any time, anywhere to conduct a documentation and safety inspection. A search of a U.S. vessel beyond this type of inspection is subject to limitations under the United States Constitution. If a search extends beyond this narrowly defined scope, a court may be asked to evaluate the legality of the search by balancing the individual’s right to privacy in the specific circumstances of the search against society’s interest in detecting criminal conduct.

INTERNATIONAL LAW

When moving maritime law enforcement from the domestic to the international realm, the complexities multiply dramatically. There are three basic international principles which govern a state’s ability to assert jurisdiction over a vessel or over areas of water. First, under international law, the flag state, the nation in which a vessel is registered, has the obligation to regulate and ensure the safe and lawful operation of a vessel flying its flag. The second principle is that all nations have an equal and untrammeled right to navigate on the high seas (termed the freedom of the high seas). To ensure this principle of the freedom of the high seas, international law generally prohibits, with certain carefully delineated exceptions, any nation from asserting jurisdiction over foreign vessels on the high seas. Thus, unless one of the few exceptions is applicable, a vessel on the high seas is said to be subject to the exclusive jurisdiction of the flag state. Finally, the third principle is that a vessel in the territorial waters of a state other than its flag state is ordinarily subject to the concurrent jurisdiction of the coastal state and the flag state; the nature and extent of the coastal state’s jurisdiction vary with the particular circumstances. Warships and other government vessels entitled to sovereign immunity are not subject to this concurrent jurisdiction.

References are provided within this Title to provisions of the LOS Convention where appropriate. In addition to the 1982 LOS Convention, there are several other conventions of general applicability to international maritime law. If a state is a party to any of these conventions, it may be required to adhere to certain jurisdictional principles contained in that agreement, such as a set width of its territorial sea. Some of these conventions are:

  • Charter of the United Nations, 1945

  • Convention on the Continental Shelf, 1958

  • Convention on the High Seas, 1958

  • Convention on the Territorial Sea and Contiguous Zone, 1958

  • Vienna Convention on Diplomatic Relations, 1961

  • International Convention Against the Taking of Hostages, 1979

  • International Convention for the Prevention of Pollution form Ships, 1973 (MARPOL)

  • International Convention for the Safety of Life at Sea, 1974

The following subparts contain draft legislative language.

General Concepts of Jurisdiction Subpart 3 (A)

Article 3.1. Definitions of Jurisdictional Terms.

For purpose of this Title:

Airspace.

(A) National Airspace. The term "national airspace" means airspace which is located over the land, internal waters, archipelagic waters, and territorial seas of [State].

(B) International Airspace. The term "international airspace" means airspace which is located over contiguous zones, exclusive economic zones, the high seas, straits used for international navigation, archipelagic sea lanes and territory not subject to the sovereignty of any nation.

Archipelagic Baseline. The term " archipelagic baseline" means the line marking of the outermost points of islands comprising an archipelagic nation and drawn in conformance with customary international law and international agreements.

Archipelagic Nation.  The term " archipelagic Nation.  The term "archipelagic nation" means a state that qualifies to be so termed under customary international law as international agreements.

Archipelagic Sea Lanes. The term "archipelagic sea lanes" means those lanes designated by an archipelagic state as suitable for navigation through and over its water and drawn in conformance with customary international law and international agreements.

Archipelagic Waters. The term "archipelagic waters" means those waters landward of established archpelagic baselines as recognized by [State].  For archipelagic nations, archipelagic waters are the equivalent of internal waters.

Baseline. The "baseline" is the marking the seaward limit of the internal waters of [State] and from which the outer limit of the territorial sea and other coastal state zones contiguous zone, exclusive economic zone) are measured. The baseline forms the boundary between internal waters and the territorial sea. [LOSC 5-16]

Claim of nationality or registry. Includes only:

(A) possession on board the vessel and production of documents evidencing the vessel's nationality;

(B) flying a nation's ensign or flag; or,

(C) a verbal claim of nationality or registry by the master or person in charge of the vessel.

Contiguous zone.

(A) For [State], "contiguous zone" means the belt of high seas, [number] nautical miles wide, contiguous to and seaward of the territorial sea of [State]. [LOSC 33]

(B) For a foreign state, "contiguous zone" means the belt of high seas designated as such by that state adjacent to and seaward of that state's territorial sea, as recognized by [State].

Continental Shelf. "Continental shelf" means the seabed and subsoil of the submarine areas, as delineated or recognized by [State] according to the definition in the 1982 Law of the Sea Treaty, that extend beyond the territorial sea of a state. [LOSC 76]

Exclusive conomic Zone (EEZ).

(A) With respect to [State], "exclusive economic zone" means a belt of sea beyond the territorial sea that extends seaward to a distance of [number] nautical miles from the baseline. [LOSC 56]

(B) With respect to any foreign state, "exclusive economic zone" means a belt of sea beyond the territorial sea that extends seaward to a distance no greater than 197 nautical miles from the baseline, as recognized by [State]. [LOSC Part V]

Government Owned Vessel in Non-Commercial Service. "Government owned vessel in non-commercial service" means any vessel owned or operated by any state government, other than [State], used exclusively in governmental non-commercial service.

High seas. "High seas" means all waters which are neither territorial seas nor internal waters of [State] or of any foreign state. [LOSC Part VII]

Internal waters.

(A) With respect to [State], "internal waters" means the waters landward of the territorial sea baseline. [LOSC 8]

(B) With respect to any foreign state, "internal waters" means the waters landward of the baseline of its territorial sea, as recognized by [State].

Person. The term "person" means any individual (whether or not a citizen or national of [State]), any corporation, partnership, association, or other entity, and any national, local, or foreign government or any entity of such government.

Stateless Vessel. The terms "stateless vessel" and "vessel without nationality" mean a vessel that:

(A) The master or person in charge makes a claim of registry, which claim is denied by the flag nation whose registry is claimed;

(B) Upon request of an officer of [State] empowered to enforce applicable provisions of [State] law, the master fails to make a claim of nationality or registry for that vessel; or,

(C) Is assimilated to a vessel without nationality because it sails under the flag of two or more states, using them according to convenience.

Note: Paragraph 2 of Article 6 of the 1958 Convention on the High Seas provides, "a ship which sails under the flag of two or more states, using them according to convenience, may not claim any of the nationalities in question with respect to any other state, and may be assimilated to a ship without nationality."

A claim of registry under subsection (A) may be verified or denied by radio, telephone, or similar oral or electronic means. The denial of such claim of registry by the claimed flag nation may be proved by certification of the [Minister of Foreign Affairs] or the Minister’s designee.

Straits Used for International Navigation. "Straits used for international navigation" means straits used for international navigation between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. [LOSC 37]

Territorial seas.

(A) For [State], "territorial seas" means the waters within the belt, [number] nautical miles wide, that is adjacent to its coast and seaward of the baseline. [LOSC PART II]

(B) For any foreign state, "territorial seas" means the waters within te belt that is adjacent to its coast and whose breadth and baseline are recognized by [State].

Vessel of State. The term "vessel of [State]" includes:

(A) [State] documented vessels; or,

(B) vessels owned in whole or in part by:

(1) [State];

(2) a political subdivision of [State];

(3) a citizen or national of [State]; or,

(4) a corporation or partnership created under the laws of [State].

Warship. "Warship" means a vessel belonging to the armed forces of a state bearing the external markings distinguishing such vessels of its nationality, under the command of an officer duly commissioned by the government of the state and whose name appears in the appropriate service list or its equivalent and manned by a crew which is under regular armed forces discipline. [LOSC 29]

Waters Subject to Jurisdiction of [State]. "Waters subject to jurisdiction of [State]" means: [State’s] internal waters, [archipelagic waters], territorial sea, continental shelf, contiguous zone, and exclusive economic zone for those subject areas over which [State] has jurisdiction.

Article 3.2 Publicity of Jurisdictional Decisions.

(A) The baselines for measuring the breadth of the territorial sea shall be shown on charts of a scale or scales adequate for ascertaining their position. Alternatively, a list of geographical coordinates of points, specifying the geodetic datum, may be substituted.

(B) The Minister shall give reasonable publicity to such charts or lists of geographical coordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations. [LOSC Section 2, Art. 16]

Article 3.3 Recognition of Foreign Country Assertion of Jurisdiction.

(A) The Maritime Force may make recommendations to the Minister regarding the territorial sea and territorial sea baseline of any foreign state. The Minister may then transmit those recommendations to the Legislature for formal approval.

(B) The Minister shall inform the Commandant of the baselines recognized by [State] of foreign states.

Article 3.4 Geographic Areas of Responsibility. The Maritime Force is authorized to conduct operations upon the high seas and waters over which [State] has jurisdiction as may be necessary to fulfill its statutory duties of national defense, law enforcement, search and rescue, and enforcement of shipping and navigation laws, subject to such limitations as may be imposed by the Minister of Defense.

Jurisdictional Limitations

Subpart 3(B)

Article 3.5 Territorial Sea Jurisdiction.

(A) The sovereignty of [State] extends beyond its land territory and internal waters [and, in the case of an archipelagic state, its archipelagic waters] to its territorial sea.

(B) This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.

(C) The sovereignty of [State] over its territorial sea is exercised subject to this Title and other rules of international law. [LOSC 2]

Article 3.6 Contiguous Zone Jurisdiction. In the contiguous zone, [State] has jurisdiction:

(A) to prevent violations of its customs, fiscal, immigration or sanitary laws and directives within [State’s] territory or territorial sea; and,

(B) to punish violations of laws and directives committed within [State’s] territory or territorial ea. [LOSC 33]

Article 3.7 Exclusive Economic Zone Jurisdiction.

(A) In the exclusive economic zone, [State] has jurisdiction:

(1) for the purpose of exploring and exploiting, conserving and managing the natural resources of the water superadjacent to the seabed and of the seabed and its subsoil;

(2) over marine scientific research;

(3) for the protection and preservation of the marine environment; and,

(4) as otherwise allowed by international law or treaty to which [State] is a party. [LOSC 56]

(B) In the exclusive economic zone, [State] may exercise the control necessary to:

(1) prevent the violations of its rights enumerated in Article 3.7(A)(1) through (A)(4) above; and,

(2) punish violations of laws and directives committed on or over the continental shelf. [LOSC 37]

(C) This jurisdiction and control shall be exercised in conformity with the applicable sections of Chapter 8 (Living Marine Resources Preservation) of this Title.

Article 3.8 Continental Shelf Jurisdiction.

(A) [State] exercises sovereign rights over the continental shelf for the purpose of exploring and exploiting the shelf’s natural resources. [LOSC 77]

(B) The rights referred to in Article 3.8(A) are exclusive to [State] and may not be exercised by any other state without the express consent of [State].

(C) On the continental shelf, [State] may exercise the control necessary to:

(1) prevent the violations of its rights enumerated in subsection (A); and,

(2) punish violations of laws and directives committed on or over the continental shelf. [LOSC 37]

Article 3.9 Straits Used for International Navigation.

(A) Legal Status. The right of transit passage, set forth in Article 3.14, through straits used for international navigation shall not in other respects affect the legal status of the waters forming such straits or the exercise by [State] of its sovereignty or jurisdiction over such waters and their airspace, seabed and subsoil. [LOSC 34]

(B) Laws and Directives.

(1) [State] may adopt laws an directives relating to transit passage through straits used for international navigation which are otherwise subject to the jurisdiction of [State] in respect of all or any of the following:

(a) the safety of navigation and the regulation of maritime traffic;

(b) the prevention, reduction and control of pollution, by giving effect to applicable international directives regarding the discharge of oil, oily wastes, and other noxious substances in the strait;

(c) the prevention of fishing, including requiring the stowage of fishing gear; and,

(d) the loading or unloading of any commodity, currency, or person in contravention of the custom, fiscal, immigration, or sanitary laws of [State].

(2) Such laws and directives shall not discriminate in form or fact among foreign vessels, nor shall they have the practical effect of denying, hampering, or impairing the right of transit passage.

(3) The Minister shall give reasonable publicity to all such laws and directives.

(4) Foreign vessels exercising the right of transit passage shall comply with such laws and directives. [LOSC 42]

Navigation of Vessels and Aircraft

Subpart 3(C)

Article 3.10 Recognition of the Right of Innocent Passage.

(A) Passage Defined.

(1) Passage means navigation through the territorial sea for the purpose of:

(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or,

(b) proceeding to or from internal waters or a call at such roadstead or port facility.

(2) Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only as incidental to ordinary navigation, or rendered necessary by force majeure or distress, or for the purpose of rendering assistance to persons, ships, or aircraft in danger or distress. [LOSC 18]

(3) In the territorial sea, [State] may exercise the control necessary to:

(a) prevent passage that is not innocent; and,

(b) punish violations of the laws and directives of [State] committed on, over, or beneath the territorial sea. [LOSC 37]

(B) Innocent Passage Defined. A vessel’s passage is innocent so long as it is not prejudicial to the peace, good order, or security of [State]. Passage of a foreign ship is prejudicial to the peace, good order, or security of [State] if it engages in any of the following activities:

(1) any threat or use of force against the sovereignty, territorial integrity, or political independence of [State];

(2) any exercise or practice with weapons of any kind;

(3) any act aimed at collecting information to the prejudice of the defense or security of [State];

(4) any act of propaganda aimed at affecting the defense or security of [State];

(5) launching, landing, or taking on board aircraft or any military device;

(6) loading or unloading any commodity, currency, or person contrary to the customs, fiscal, immigration, or sanitary laws and directives of [State];

(7) any act of willful and serious pollution;

(8) any fishing activities;

(9) carrying out research or survey activities;

(10) any act aimed at interfering with any systems of communications or any other facilities or installations of [State]; or,

(11) any other activity not having a direct bearing on passage. [LOSC 19]

(C) Right of Innocent Passage. Subject to this Title and other applicable international agreements, vessels of all states enjoy the right of innocent passage through the territorial sea of [State]. [LOSC 17]

(D) Foreign Vessels. Foreign vessels exercising the right of innocent passage through [State’s] territorial seas shall comply with all [State] laws and directives and all generally accepted international directives relating to the prevention of collisions at sea.

(E) Reservation of Rights. [State] expressly reserves the right to take affirmative actions in its territorial sea to prevent passage that is not innocent, including, where necessary, the use of force.

(F) Submarines and Underwater Vehicles. In the territorial sea, foreign submarines and other underwater vehicles are required to navigate on the surface and to show their flag. [LOSC 20]

(G) Warships.

(1) If any warship does not comply with the laws and directives of [State] concerning passage through [State’s] territorial sea, [State] may require the warship to leave the territorial sea immediately. [LOSC 30]

(2) The flag state shall bear international responsibility for any loss or damage to [State] resulting from the noncompliance of the warship with the laws and directives of [State] concerning passage through the territorial sea or with other rules of international law. [LOSC 31]

(3) With the exception of Article 3.10(B) and (C), nothing in this Title affects the immunities of warships.

(H) Overflight. Innocent passage does not include the right of overflight.

Article 3.11 Innocent Passage: Laws and Directives.

(A) The Minister may adopt laws and directives, in conformity with the provisions of this Title and other rules of international law, relating to innocent passage through the territorial sea of [State], in respect of all or any of the following:

(1) the safety of navigation and the regulation of maritime traffic;

(2) the protection of navigational aids and facilities and other facilities and installations;

(3) the protection of cables and pipelines;

(4) the conservation of the living resources of the sea;

(5) the prevention of violations of the fisheries laws and directives of [State];

(6) marine scientific research and hydrographic surveys; and,

(7) the prevention of violations of the customs, fiscal, immigration, or sanitary laws and directives of [State].

(B) Such laws and directives shall not apply to the design, construction, manning, or equipment of foreign vessels unless such rules and directives give effect to generally accepted international rules or standards.

(C) The Minister shall give reasonable publicity to all such laws and directives.

Article 3.12 Duty to Permit Innocent Passage.

(A) [State] shall not hamper the innocent passage of foreign vessels through its territorial sea except in accordance with this Title or other international law. In particular, in the application of this Title or any laws or directives adopted by [State], [State] shall not:

(1) impose requirements on foreign vessels which have the practical effect of denying or impairing the right of innocent passage; or,

(2) discriminate in form or in fact against the vessels of any state or against vessels carrying cargos to, from, or on behalf of any state.

(B) The Minister shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea.

Article 3.13 Rights of Protection of [State].

(A) In the case of vessels proceeding to the internal waters of [State] or a call at a port facility outside internal waters, [State] has the right to take the necessary steps to prevent any breach of the conditions to which admission of those vessels to internal waters or such a call is subject.

(B) The Minister may, without discrimination in form or fact among foreign vessels, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign vessels, including passage for weapons exercises, if such suspension is essential for the protection of [State’s] security. Such suspension shall take effect only after having been reasonably published.

Article 3.14 Transit Passage.

(A) Scope of Article. This article applies to straits used for international navigation. [LOSC 37]

(B) Right of Transit Passage. The right of transit passage means the exercise of the freedom of navigation and overflight for the purpose of continuous and expeditious transit of the strait between one part of the high seas or exclusive economic zone and another part of the high seas or exclusive economic zone. The requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving, or returning from [State].

(C) Duties of Vessels and Aircraft During Transit Passage. Vessels and aircraft, while exercising the right of transit passage, shall:

(1) proceed without delay through or over the strait;

(2) refrain from any threat or use of force against the sovereignty, territorial integrity, or political independence of [State]; and,

(3) refrain from any activities other than those incident to their normal operations or as occasioned by distress.

(D) Research and Survey Activities. During transit passage, foreign vessels may not carry out any research or survey activities without prior authorization from [State].

Article 3.15 Freedom of the High Seas. [State] affirms its commitment to the freedom of the high seas in all areas of the sea not included in the exclusive economic zone, the territorial sea, or the internal waters of [State]. These freedoms include:

(A) freedom of navigation;

(B) freedom of overflight;

(C) freedom to lay submarine cobles and pipelines, subject to international agreements;

(D) freedom of fishing, subject to applicable conditions contained in this Title and other relevant international agreements; and,

(E) freedom of scientific research, subject to applicable conditions contained in this Title and other relevant international agreements.

Article 3.16 Force Majeure.

(A) Force Majeure Defined. "Force Majeure" provides a vessel with limited immunity from the laws and directives of a coastal state when it is forced into [State’s] waters by virtue of distress, whether a result of natural or man-made causes.

(B) Application of Laws. A vessel entering [State’s] waters under claim of force majeure shall not be liable for the breach of [State’s] laws because of the condition requiring the vessels' entry under force majeure during a period of time reasonably necessary to remedy such distress, but remains otherwise subject to all laws and directives of [State].

(C) Authority of the Maritime Force During Claim of Force Majeure.

(1) The Maritime Force, at the direction of the Minister, may board any vessel entering [State’s] territorial waters under a claim of force majeure for the purpose of verifying the claim. A claim of force majeure shall not apply where the distress is contrived (e.g., untrue or intentionally created).

(2) The Maritime Force shall, where a violation of [State’s] pollution, living resources preservation, or submerged archaeological objects protection laws is involved, board any vessel entering [State’s] territorial waters under a claim of force majeure for the purpose of enforcing any provision of those chapters of this Title.

(3) A vessel entering [State’s] territorial waters under a claim of force majeure is subject to the direction of the Captain of the Port in order to protect port safety.

Article 3.17 General Power of Right of Visit.

(A) A [State] warship, or other [State] vessel clearly marked as being on governmental service, which encounters on the high seas a foreign vessel (other than a foreign warship or foreign state-owned or operated vessel used only on governmental noncommercial service), shall not board the vessel which is encountered unless there is reasonable ground for suspecting that:

(1) the vessel is engaged in piracy in violation of Article 3.33;

(2) the vessel is engaged in slave trade in violation of Article 3.34;

(3) the vessel is engaged in unauthorized broadcasting from the high seas in violation of Article 3.35;

(4) the vessel is without nationality; or,

(5) though flying a foreign flag or refusing to show its flag, the vessel is, in reality, of the same nationality as the warship. [LOSC 110]

(B) If a vessel is suspected under this article, the Maritime Force may verify the vessel’s right to fly its flag, by inspecting the vessel’s documents. If the suspicion remains after checking the documents, the Maritime Force may conduct a further examination on board the vessel for the purpose of determining the vessel’s nationality. Maritime Force personnel shall endeavor to perform this examination with all possible sensitivity.

Article 3.18 Right of Hot Pursuit.

(A) [State] may continue to assert jurisdiction over, and take enforcement action against, a vessel or person that violates [State] law or directives in waters subject to [State] jurisdiction, but departs those waters subject to hot pursuit by [State] authorities.

(B) The Maritime Force may undertake the hot pursuit of a foreign vessel when it has good reason to believe that the vessel has violated the laws and directives of [State]. Such pursuit must be commenced when the foreign vessel or one of its boats is within the internal waters, the archipelagic waters, the territorial sea, or the contiguous zone of [State], and may only be continued outside the territorial sea or the contiguous zone if pursuit has not been interrupted. If the foreign vessel is within the contiguous zone, the pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established. The right of hot pursuit ceases as soon as the vessel pursued enters the territorial sea of its own state or of a third country.

(C) Hot pursuit is not deemed to have begun unless the pursuing vessel has satisfied itself that the vessel pursued, or one of its boats or other craft working as a team and using the vessel pursued as a mother vessel, is within the limits of the territorial sea or the contiguous zone. The pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to be seen or heard by the foreign vessel.

(D) The right of hot pursuit may be exercised only by warships or military aircraft, or other vessels or aircraft clearly marked and identifiable as being on government service and authorized to that effect.

(E) The pursuit may be handed off between authorized vessels and aircraft as long as continuous uninterrupted contact is maintained with the vessel being pursued. [LOSC 111]

Civil and Criminal Jurisdiction

Subpart 3(D)

Article 3.19 Flag State Jurisdiction. [State] shall have jurisdiction, both civil and criminal, over a vessel flying [State’s] flag, wherever the vessel is located.

Article 3.20 Immunity of Warships. Non-[State] warships on the high seas have complete immunity from the jurisdiction of [State]. [LOSC 95]

Article 3.21 Immunity of Government-Owned Vessels in Non-Commercial Service. Vessels owned or operated by any state other than [State] and used only on government noncommercial service shall, on the high seas, have complete immunity from the jurisdiction of [State]. [LOSC 96]

Article 3.22 Authority of the Maritime Force to Exercise Criminal Jurisdiction Aboard a Foreign Vessel.

(A) Circumstances Under Which Jurisdiction May be Exercised. [State] will not exercise its criminal jurisdiction (to arrest any person or to conduct any investigation in connection with any crime committed on board the vessel) on board a foreign vessel passing through its territorial seas unless:

(1) the consequences of the crime extend to [State];

(2) the crime is of a kind to disturb the peace of [State] or the good order of the territorial sea;

(3) the assistance of law enforcement personnel in [State] has been requested by the master of the vessel or by a diplomatic agent or consular officer of the flag state of the foreign vessel; or,

(4) such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances. [LOSC 27]

(B) Jurisdiction Authorized Where Vessel Has Previously Been in [State’s] Internal Waters. The provisions of Article 3.22(A) do not affect the right of the Maritime Force to take any steps authorized by law for the purpose of an arrest or investigation on board a foreign vessel passing through the territorial sea after leaving [State’s] internal waters (or archipelagic waters). [LOSC 27]

Article 3.23 Authority of the Maritime Force to Exercise Civil Jurisdiction Aboard a Foreign Vessel.

(A) Civil Jurisdiction Authorized in Special Circumstances. Subject to direction from the Minister, the Maritime Force may levy an execution against or arrest a foreign vessel for the purpose of any civil proceeding arising out of obligations or liabilities assumed or incurred by the vessel itself in the course or for the purpose of its voyage through [State’s] waters.

(B) Civil Jurisdiction Over Persons On Board Foreign Vessels. [State] shall not stop or divert a foreign vessel for the purpose of exercising civil jurisdiction over a person on board the vessel.

Law Enforcement Authority and General Provisions

Sbpart 3(E)

Article 3.24 Law Enforcement - General Authority. The Maritime Force shall enforce or assist in the enforcement of all applicable [State] laws on, under, and over the high seas and waters subject to the jurisdiction of [State].

Article 3.25 Authority to Enforce International Treaties. The Maritime Force shall enforce or assist in the enforcement of all applicable international treaties recognized by [State] as being in force on, under, and over the high seas and waters subject to the jurisdiction of [State].

Article 3.26 General Duties.

(A) The Maritime Force may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which [State] has jurisdiction, for the prevention, detection, and suppression of violations of laws of [State]. The Maritime Force may maintain water, land, and air patrols for these purposes.

(B) For the purposes enumerated in section (A), officers with general law enforcement authority may at any time go on board any vessel subject to the jurisdiction, or to the operation of any law of [State], and may address inquiries to those on board, examine the vessel’s documents and papers, as well as examine, inspect, and search the vessel. The use of all necessary force to compel compliance is authorized.

(C) When from such inquiries, examination, inspection, or search it appears that a breach of the laws of [State] rendering a person liable to arrest is being or has been committed by any person, such person shall be arrested or subject to other lawful appropriate action.

(D) If it appears that a breach of the laws of [State] has been committed so as to render such vessel or its merchandise liable to forfeiture, such vessel or such merchandise shall be seized or a bond posted.

Article 3.27 Consequences of the Failure to Stop Vessel.

(A) Any vessel which, at any authorized place, is directed to come to a stop by officers with general law enforcement authority, or is directed to come to a stop by signal made by any vessel or aircraft employed in the service of the Maritime Force and displaying the proper insignia, shall come to a stop. Any vessel failing to comply shall become subject to pursuit, and the master, owner, operator, or person in charge thereof shall be [appropriate sanction].

(B) Whenever any vessel liable to seizure or examination does not stop on being ordered to do so or on being pursued by an authorized vessel or authorized aircraft, the person in command or in charge of the authorized vessel or authorized aircraft may, after a gun has been fired by the authorized vessel or aircraft as a warning signal, fire at or into the vessel which does not stop.

Note: Firing at or into a foreign vessel for violation of [State] law is not permitted under certain circumstances. [LOSC 301]

(C) For purposes of this article, an authorized vessel or authorized aircraft must display the pennant or other identifying insignia prescribed for an authorized vessel or authorized aircraft.

(D) The person in command of an authorized vessel or authorized aircraft and all persons acting under that person’s direction shall be indemnified from any penalties or actions for damages for firing at or into a vessel pursuant to Article 3.27(B).

Article 3.28 Assaulting, Resisting, or Impeding Maritime Force Personnel. Whoever forcibly assaults, resists, opposes, obstructs, impedes, intimidates, or interferes with a member of the Maritime Force while engaged in or on account of the performance of official duties, shall be [appropriate sanction].

Article 3.29 Ramming, Other Wrongful Use of Vessel. The master, owner, or officer in charge of a vessel who uses that vessel to impede or interfere with a Maritime Force vessel, or with the execution of official duties by either a Maritime Force vessel or a member of the Maritime Force shall be [appropriate sanction].

Article 3.30 Bribery of Maritime Force Personnel.

(A) It is unlawful to, directly or indirectly, corruptly give, offer, or promise anything of value to any Maritime Force personnel, or offer or promise any Maritime Force personnel to give anything of value to any other person or entity, with intent:

(1) to influence any official act;

(2) to influence such Maritime Force personnel to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on [State]; or,

(3) to induce such Maritime Force personnel to do or omit any act in violation of that member’s lawful duty.

(B) It is unlawful for a member of the Maritime Force to directly or indirectly, corruptly ask, demand, exact, solicit, seek, accept, receive, or agree to receive anything of value for that member or for any other person or entity, in return for:

(1) being influenced in the performance of any official act;

(2) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on [State]; or,

(3) being induced to do or omit to do any act in violation of official duty.

(C) Whoever commits an act in violation of this article shall be fined not more than three times the monetary equivalent of the thing of value or imprisoned for not more than fifteen years, or both, and shall be disqualified from holding any office of honor, trust, or profit in [State].

Article 3.31 False and Fraudulent Statements.

Whoever, in any matter within the jurisdiction of any department or agency of [State] knowingly and willfully:

(A) falsifies, conceals or covers up by trick, scheme, or device a material fact;

(B) makes any false, fictitious or fraudulent statements or representations; or,

(C) makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, is guilty of a criminal offense punishable by [appropriate sanction].

Article 3.32 Forgery of Vessel’s Papers.

(A) It shall be unlawful to:

(1) falsely make, forge, counterfeit, or alter any official vessel document, license, permit, or instrument issued by [State] or by any other state; or,

(2) utter, publish, or pass (or attempt to utter, publish, or pass), as true, any false, forged, counterfeited, or falsely altered official vessel document, license, permit, or instrument issued by [State] (or by any other state), with knowledge that it is false, forged, counterfeited, or falsely altered with an intent to defraud.

(B) Whoever commits an act in violation of this article shall be [fined not more than $1,000 or imprisoned for not more than three years, or both].

Article 3.33 Piracy.

(A) General. It is unlawful to engage in piracy. Piracy consists of any of the following acts:

(1) any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private vessel or a private aircraft, and directed:

(a) on the high seas, against another vessel or aircraft, or against persons or property on board the other vessel or aircraft; or,

(b) against a vessel, aircraft, persons or property in a place outside the jurisdiction of any country;

(2) any act of voluntary participation in the operation of a vessel or of an aircraft with knowledge of facts making it a pirate vessel or aircraft; or,

(3) any act of inciting or of intentionally facilitating an act described in this article.

(B) Pirate Vessel or Aircraft. A vessel or aircraft is considered a pirate vessel or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in Article 3.33(A). Similarly, if the vessel or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act, it shall be considered to be a pirate vessel or aircraft.

(C) Seizure of a Pirate Vessel or Aircraft. On the high seas, or in any other place outside the jurisdiction of any country, the Maritime Force may seize a pirate vessel or aircraft, or a vessel or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. A seizure may only be carried out by vessels which are clearly marked and identifiable as being under the authority of Maritime Force.

(D) Disposal of Vessels. The Minister shall provide specific direction to the Maritime Force for disposing of vessels, aircraft, or property seized under the provisions of this article.

(E) Penalty for Violations. Whoever, on the high seas, commits the crime of piracy, and is afterwards brought into or found in [State], shall be subject to criminal prosecution.

Article 3.34 Slavery.

(A) It shall be unlawful to:

(1) kidnap, entice, or carry away any person with the intent that the person be sold into involuntary servitude or held as a slave;

(2) offer or attempt to sell any such person as a slave;

(3) land any such person in [State] or in any foreign state with the intent to sell or deliver that person as a slave;

(4) hold or transport any such person on board any vessel;

(5) build, fit out, equip, or load a vessel for the purpose of procuring or transporting any such person; or,

(6) knowingly and voluntarily serve on any vessel used in the transportation of slaves.

(B) Whoever, on the high seas, commits the crime of slavery, and is afterwards brought into or found in [State], shall be subject to criminal prosecution.

Article 3.35 Unauthorized Broadcasting From the High Seas.

(A) Action Defined. "Unauthorized broadcasting" means the transmission of sound radio or television broadcasts from a vessel or installation on the high seas intended for reception by the general public of [State] contrary to international directives, but excluding the transmission of distress calls.

(B) Jurisdiction. [State] may prosecute any person engaged in unauthorized broadcasting where [State] is:

(1) the flag state of the vessel;

(2) the state of registry of the installation;

(3) the state of which a person participating in unauthorized broadcasting activities is a national;

(4) one of the states where the transmissions can be received; or,

(5) one of the states where authorized radio communication is suffering interference as a result of unauthorized broadcasting activities.

(C) Enforcement Authority. On the high seas, where [State] has jurisdiction in accordance with section (B), the Maritime Force may arrest any person or vessel engaged in unauthorized broadcasting and seize the broadcasting apparatus.

Article 3.36 Breaking and Entering Vessel. Whoever, upon the high seas or on any other waters within the navigable waters of [State], breaks or enters any vessel with intent to commit any felony, or maliciously cuts, spoils, or destroys any cordage, cable, buoys, buoy rope, fixed to the anchor or moorings belonging to any vessel, shall be [appropriate sanction].

Article 3.37 Firing or Tampering with Vessels.

Whoever sets fire to any vessel, its cargo, or tampers with the propulsion systems or instrumentalities of navigation of such vessel, or places bombs or explosives in or upon such vessel, or does any other act to or upon such vessel while within the jurisdiction of [State], or to a [State] flag vessel, wherever located, with intent to injure or endanger the safety of the vessel, cargo, or person on board, and whoever attempts to do so, shall be [appropriate sanction].

Article 3.38 Destruction of Vessel by Non-owner. Whoever, not being an owner, upon the high seas or on any navigable waters of [State], willfully and corruptly casts away, or otherwise destroys any vessel of [State], or willfully attempts the destruction thereof, shall be [appropriate sanction].

Article 3.39 Destruction of Vessel by Owner.

Whoever, upon the high seas or on any other waters within the navigable waters of [State], willfully and corruptly casts away or otherwise destroys any vessel of which he is an owner, in whole or in part, with intent to injure any person that may underwrite any policy of insurance thereon, or any merchant that may have goods thereon, or any other owner of such vessel, shall by [appropriate sanction].

Article 3.40 Explosives or Dangerous Weapons Aboard Vessels.

(A) It shall be unlawful to bring, carry, or possess any dangerous weapon, instrument, or device, or any dynamite, or other explosive article or compound on board any vessel registered, enrolled, or licensed under the laws of [State], or any vessel belonging to or under the control of [State], without previously obtaining the permission of the owner or the master of such vessel. The penalty for such offense shall be [appropriate sanction].

(B) This article shall not apply to the personnel of the Armed Forces of [State], or to officer or employees of [State] while acting in the performance of their duties, who are authorized by law or by directive to own or possess any such weapon or explosive.

Article 3.41 Transportation of Stolen Goods. Whoever shall transport in commerce any goods, wares, merchandise, securities or money, of the value of [threshold amount] or more, knowing it to have been stolen, converted or taken by fraud, shall be [appropriate sanction].

Article 3.42 Firearms and Dangerous Devices.

(A) It shall be unlawful for any person, except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing or dealing in firearms or ammunition, or in the course of such business to ship, transport, or receive any firearm in commerce.

(B) It shall be unlawful for any importer, manufacturer, dealer, or collector licensed under the provisions of [State] to ship or transport in interstate or foreign commerce any firearm or ammunition to any person other than a licensed importer, manufacturer, dealer, or collector. [can make certain exceptions, such as for those who are mailing firearm in order to have it repaired, or if they are authorized to purchase such a firearm through the mail]

(C) It shall be unlawful for any person to transport in commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.

(D) Violation of the provisions of this article will be a criminal offense, the penalty for which is [appropriate sanction].

 

 

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