A&J Flashcards

1
Q

14 usc 1

A

Established CG as an armed service

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2
Q

14 usc 2

A

Established CG as a law enforcement agency and gives us basic law enforcement authority
“Shall enforce or assist in the enforcement of all applicable federal laws on under and over the high seas and waters subject to the jurisdiction of the US”

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3
Q

14 usc 89

Who what where why how

A

Established scope of authority and where we can exercise
Where: high seas and waters that which the US has jurisdiction
Why: prevention, detection and suppression of violations of the laws of US
What: SEASii
Who: commissioned, warrant, petty officers
How: all force necessary to compel compliance

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4
Q

14 usc 95

A

CGIS authority

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5
Q

14 usc 143

19 usc 1401

A

CG perform duties relating to customs laws

CG to perform any duties of officer of customs service

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6
Q

19 usc 1581

A

Authorizes customs to perform SEASii

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7
Q

19 usc 1589

A

Customs service general law enforcement authority. Customs may go onboard any vessel at any time in customs waters

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8
Q

50 usc 191

A

War and national defense

Vessel movement and control

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9
Q

14 usc 141

A

Assistance authority
Funding statute
Perform activities to assist other agencies within the bounds of our organic authority

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10
Q

Authority

A

The government’s legal power to act

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11
Q

Jurisdiction

A

The right to exercise legal authority over its persons, vessels and territory

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12
Q

Jurisdictional triangle

A

Substantive law
Vessel status/flag
Location

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13
Q

Substantive law

A

Is one that prohibits certain action or requires affirmative conduct.

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14
Q

Location

A

Allowable extent of us jurisdiction over persons and vessels is determined by the character of the water in or over which they are in or over

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15
Q

Status/flag valid claim

A

Maybe evidenced by:
Documents
Flying state’s ensign/flag
Verbal claim by master or person in charge

Certain vessels may have sovereign immunity.

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16
Q

Different flags

A
Us vessels
Foreign vessels
Vessels w/o nationality
    Not registered in one nation
Vessels assimilated to one w/o nationality
    Conflicting/false claims
17
Q

Vessel types

A

Commercial
Rec
Govt owned, non commercial
Warships

18
Q

Navigable waters of the US

A

Waters shoreward of 12nm from baseline, internal waters subject to tidal influence, that are or have been used for it are susceptible of commercial use

19
Q

Exclusive state waters

A

Waters wholly within one state

20
Q

Internal waters

A

Waters shoreward of baseline

21
Q

Baseline

A

Low mean waterline along the coast

22
Q

US territorial sea

A

Waters 12nm wide adjacent to the coast, seaward of the baseline

23
Q

Customs waters

A

Waters shoreward from 12nm from the baseline and internal waters

24
Q

Contiguous zone

A

Waters adjacent to and seaward for the territorial sea and extending to 24nm from the baseline (12-24)

25
Q

Exclusive economic zone

A

Waters beyond and adjacent to the territorial sea not extending beyond 200nm from the baseline (12-200)

26
Q

High seas

A

Waters seaward of Eez to the seaward edge of a territorial sea (200-12)

27
Q

International waters

A

Waters seaward of the outer limit of the territorial sea of any nation (

28
Q

14 usc 88

A

Preform any and all acts necessary to rescue and aid persons and protect and save property.

29
Q

18 USC 7

A

Special Maritime and Territorial Jurisdiction
for offenses by US vessels, US nationals outside the jurisdiction of any state/nation
HUGFLT

30
Q

HUGFLT

A
High Seas
US vessels in foreign territorial seas
Great Lakes
Federal Reservations
Land/Water not within or between the 50 states (territories/possessions)
Territorial Seas
31
Q

PD-27

A

procedures on federal agencies for dealing with various types of non-military incidents that could have an adverse impact upon the conduct of the foreign relations of the US

32
Q

what is an SNO and when is it required

A

Statement of no objection - CG flag officer does not disagree with subordinate’s lawful use of authority or use of force

  • to arrest
  • different boardings
  • disabling fire (potentially warning shots) for ncv
33
Q

innocent passage

A

foreign flagged vessel has right of non interference while engaged in inbound/outbound in another’s territorial sea

34
Q

hot pursuit

A

foreign vessel commits crime in US waters and attempts to flee may be continuously pursued.

35
Q

right of approach

A

right of warships to approach any vessel in international waters to verify nationality. right of visit is to board that vessel for the sole purpose of validating that claim.

36
Q

force majeure

A

foreign vessel is forced into another countries water because of distress is not subject to their jurisdiction with exception of validating distress claim.

37
Q

constructive presence

A

if a vessel is loitering just outside our jurisdiction, but are working with another vessel who is in violation of US law in our jurisdiction - both vessels are subject

38
Q

DIPLOMATIC IMMUNITY

A

look up

39
Q

BILATERAL MULTILATERAL

A

look up