Authority and Jurisdiction Flashcards
Authority
Governments legal power to act.
Five sources of Coast Guard Authority
Maritime Law Enforcement Customs Protection and Security of vessels, harbors, and water front facilities. (law enforcement ashore) Assistance CGIS
Fundamental source of authority for MLE
14USC89a
14USC89a
The Coast Guard may conduct inquirers, examinations, inspections, searches, seizures, and arrests, over the waters and high seas the US has jurisdiction, for the prevention, detection, and suppression of violation of laws of the United States. Commissioned, Warrant, and Petty Officers may at any time, go on board any vessel subject to the jurisdiction or operation of any law of the United States, address inquiries to those onboard, examine ships papers and documents, and search, examine, and inspect the vessel, and use all necessary force to compel compliance.
14USC2
The Coast Guard 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 United States
Jurisdiction
The governments legal power to exercise it’s authority over persons, vessels, and territories.
Jurisdictional Triangle
Location
Vessel Flag/Status
Substantive Law
Substantive Law
Prohibits certain action, or requires affirmative action.
Internal Waters
Shoreward from baseline.
Territorial Seas
Baseline-12nm
State Waters
Baseline-3nm
Customs
Internal-12nm
Contiguous Zone
12nm-24nm
Exclusive Economic Zone
12-200nm
High Seas
Waters seaward of EEZ, or territorial seas if not high seas claimed.
Internation Water
Our 12 to foriegn 12.
14USC143
Coast Guard LEO’s are also Customs Officers.
Maritime Security and Transportation Act
Authority for Marsec Levels
Magnuson Act (50USC191)
Authority for Captain of the Port
33CFR6
Regulations that safeguard vessels, harbors, ports, and waterfront facilities.
Establish security zones
Issue orders
Inspect and search any vessel, waterfront facility, security zone, or person, article or thing thereon or therein
Place guards
Remove unauthorized persons
Maritime Security Act of 2004
Established the coast guards authority to carry a firearm in the performance of official duties and, while at facility make an arrest without a warrant for any offense against the United States committed in their presence and/or seize property
Law Enforcement Authority Ashore
14USC99 provided the principle authority for armed and uniformed CGLE activity ashore. In the performance of official duties member may; carry a firearm, make an arrest (facility), seize property (facility)
Define Facility
All piers, wharfs, docks, or similar structures to which a vessel may be secured, to include naval yards, stations, and installations. This
includes ranges, areas of land, water, or land and water under immediate proximity to them, and building on or contiguous to them.
14USC95
Grants authority to CGIS.
Authority for Protection and Security of Vessels, Harbors, and Waterfront facilities
- The Maritime Transportation Security Act
- The Magnuson Act and 33CFR pt6
- Ports and Waterways Safety Act.
- The Homeland Security Act.
- The Coast Guard and Maritime Transportation Security Act.
14 USC 99 states:
Members of the Coast Guard, in performance of official duties, may-
- Carry a firearm; and
- While at a facility
A. Make an arrest without warrant for any offense against the U.S. committed in their presence; and
B. Seize property as otherwise provided by law.
What are Key Port Areas?
Zones within ports and waterways where heavily populated areas, DOD assets, choke points, or Maritime Critical Infrastructure/Key Resources would be vulnerable to attacks.
Maritime Critical Infrastructure/Key Resources. MCI/KR
Facilities, structures, systems, assets, or services so vital to the port and its economy that their disruption, incapacity, or destruction would have a debilitating impact on defense, security, the environment, long-term economic prosperity, public health, or safety of the port.
Vessels subject to US Jurisdiction when in internal waters.
- US Vessels
- Vessels without nationality and those assimilated as such.
- Foreign flag vessel, except jurisdictional exceptions.
Vessels subject to US Jurisdiction when located in territorial sea:
- US vessels.
- Vessels without nationality, or assimilated.
- Foreign flag vessel, except when jurisdiction exceptions apply.
Vessels are subject to US jurisdiction when in international waters:
- US Vessels,
- Vessels without nationality and those assimilated as such.
- Foreign flag vessels, when one of the jurisdictional exceptions apply.
What exceptions allow the CG board foreign vessels in international waters.
- Enforcement of natural resource laws in EEZ,
- Exercise control necessary to prevent violation of fiscal, immigration, sanitary, and customs laws and regulations in the US Contiguous Zone.
- Flag State authorization.
- Hot Pursuit.
- Constructive presence.
- Enforcement activity to combat certain universal crimes.
Foreign Territorial Sea and Internal Waters
Any exercise of jurisdiction in or over foreign territorial waters and foreign territory requires the authorization of the Coastal State. The vessel’s flag state authorization is not required.
What is Force Mejeure?
Vessel forced into State Waters, by man made or natural distress, is generally not subject to State Jurisdiction for a reasonable period of time. May board to verify claim. Remains subject to the Captain of the Port.
What is Transit Passage?
Right of non-interference for vessel or aircraft transiting through foreign or territorial sea that comprises an international strait used for navigation between areas of international waters. May operate without restriction, as long as transit is continuous and expeditious. May include anchoring in course of ordinary navigation.
What is Peace of the Port?
US may choose to refrain from asserting its jurisdiction over foreign flag vessels in its territorial sea and internal waters, leaving control of the matter to the flag State. Jurisdiction will generally not be asserted over incidents that involve only internal discipline and management of the vessel, only those having consequences beyond the vessel.
What is innocent passage?
Right of non-interference for a vessel transiting inbound, outbound, or through a foreign territorial sea. May include anchoring.
What is Assistance Entry?
Right of non-interference for a vessel to enter foreign territorial sea to conduct a rescue of those in danger or distress at sea.
What jurisdiction can be enforced in the EEZ?
US may exercise jurisdiction over foreign flag vessels for the purpose of management and conservation of the natural resources of the waters, seabed, and subsoil of the zone.
What can be enforced on the contiguous zone?
Costal state may exercise the control necessary to prevent and punish infringements of its fiscal, immigration, sanitary, and customs law.
What is Hot pursuit?
Allows costal state to preserve jurisdiction to take LE action against foreign flag vessel that flees beyond normal jurisdictional limits.
May be initiated in any costal zones, for the laws that apply in each specific zone.
Universal Crimes
Under international law, vessels engaged in universal crimes such as piracy may be subject to the jurisdiction of any nation. Aboard foreign flag vessels require SNO prior to any LE action.
Pursuit ashore may happen under following conditions:
BO has probably cause to believe person has committed a federal felony.
Person flees ashore from CG per suit.
Shoreside LE is not present, or insufficient capacity to pursue, and request CG assistance.
BO is accompanied by BTM, or BO.
Pursuit ashore can be started immediately, maintained, and completed promptly.
Can USCG Pursue ashore on foreign soil?
Shall not pursue ashore unless foreign exigent circumstances exist that require immediate response to prevent death or serious injury.
Coast Guard personnel ashore in foreign soil take LE action?
Absent prior authorization, only when exit gent circumstances require an immediate response to prevent death or serious physical energy, and foreign LE authorities are not available to respond. Limited to self defense.
Auxillarist Authority?
None. May advise people of things, but nay not be present during LE Actions.
Racial Profiling authorized?
No, premised on erroneous assumption that a person of a particular race is more likely to do something.
