A&J Flashcards
14 usc 1
Established CG as an armed service
14 usc 2
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”
14 usc 89
Who what where why how
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
14 usc 95
CGIS authority
14 usc 143
19 usc 1401
CG perform duties relating to customs laws
CG to perform any duties of officer of customs service
19 usc 1581
Authorizes customs to perform SEASii
19 usc 1589
Customs service general law enforcement authority. Customs may go onboard any vessel at any time in customs waters
50 usc 191
War and national defense
Vessel movement and control
14 usc 141
Assistance authority
Funding statute
Perform activities to assist other agencies within the bounds of our organic authority
Authority
The government’s legal power to act
Jurisdiction
The right to exercise legal authority over its persons, vessels and territory
Jurisdictional triangle
Substantive law
Vessel status/flag
Location
Substantive law
Is one that prohibits certain action or requires affirmative conduct.
Location
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
Status/flag valid claim
Maybe evidenced by:
Documents
Flying state’s ensign/flag
Verbal claim by master or person in charge
Certain vessels may have sovereign immunity.
Different flags
Us vessels Foreign vessels Vessels w/o nationality Not registered in one nation Vessels assimilated to one w/o nationality Conflicting/false claims
Vessel types
Commercial
Rec
Govt owned, non commercial
Warships
Navigable waters of the US
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
Exclusive state waters
Waters wholly within one state
Internal waters
Waters shoreward of baseline
Baseline
Low mean waterline along the coast
US territorial sea
Waters 12nm wide adjacent to the coast, seaward of the baseline
Customs waters
Waters shoreward from 12nm from the baseline and internal waters
Contiguous zone
Waters adjacent to and seaward for the territorial sea and extending to 24nm from the baseline (12-24)