1-02: Authority and Jurisdiction Flashcards
What is Authority?
The government’s legal power to act
What is Jurisdiction?
The government’s power to exercise authority over its persons, vessels, and territories.
What and where is the Coast Guard’s Maritime Law Enforcemnet Authority?
14 USC 522(a): The Coast Guard may make inquires, examinations, inspections, searches, seizures and arrests, on the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go aboard any vessel subject to the jurisdiction or the operation of any law of the United States, address inquiries to those onboard, examine the ship’s documents and papers, examine, inspect, and search the vessel, and use all necessary force to compel compliance.
What is the acronym SEASII
Search, Examine, Arrest, Seize, Inspect, Inquire
Where is the Coast Guard’s Customs Authority derived from?
14 USC 703
Where is the Coast Guard’s PWCS authority derived from?
33 CFR 6
Where is the Coast Guard’s Assistance Authority derived from?
14 USC 701
Where is the Coast Guard Investigative Service (CGIS) authority derived from?
14 USC 525
What is the acronym used to remember the other four sources of authority (besides CGIS)?
Master Chiefs Protect America (MCPA)
What is Location
The allowable extent of the U.S. Jurisdiction over its persons vessels or aircraft
What are the four types of vessel statuses or flag statuses?
US
Foreign
Vessel without nationality
Vessel assimilated to one without nationality
What is substantive law?
A law that prohibits certain action or requires affirmative conduct
What is Exclusive Flag State Jurisdiction
A vessel exercising its freedom of navigation in international waters subject only to the jurisdiction of its flag state.
What vessels are considered Sovreign immunity?
Commercial
Recreational
Warship
Government owned, non-commercial
List the jurisdictional waters from shortest to greatest
<0 NM : Internal
0-12 NM : Customs
Baseline - 12 : Territorial
Baseline - 24 : Contiguous
12 NM - 200 NM: Exclusive Economic Zone
12 NM - 12NM: International Waters
200 NM - 12 NM: High Seas