Authority & Jursidition Flashcards
Define Authority
The governments legal power to act
5 Sources of Authority
Maritime law enforcement
Customs
Protection and security of ports, waterways and costal security
Assistance
CGIS
14 USC 522 a.
Coast Guard May Make Inquiries, Examinations, Inspections, Searches, Seizures, Arrests upon the High Seas and waters over which the U.S has Jurisdiction for the prevention, detection and suppression of violation of laws of the U.S. For such purposes commissioned warrant and petty officers may at any time go onboard of any vessel subject to the jurisdiction or to the operation of any law of the U.S.
Define Jurisdiction
The governments power to exercise legal authority over its persons vessels and territory’s
Jurisdictional Triangle
Substantive Law
Vessel Flag Status
Location
Define Substantive Law
A law that prohibits certain action or requires affirmative conduct
Define Flag Status
The nation where a given vessel is legally registered
Define Vessel Status
Where the vessel is documented
What are the four nationalities of a vessel
US Vessel
Foreign Vessel
Vessel without nationality ‘
Vessel assimilated without nationality (false or conflicted claims of nationality)
3 types of claims of nationality
Visual observation
Verbal claim by the captain
Documentation
Jurisdictional Exemptions
Innocent passage
Transit passage (easiest/fastest form of transit to next port)
Force Majeure (nature of distress, man-made or natural)
Hot Pursuit (authorized LE pursuit)
Constructive presence (mothership using smaller ships to stay outside of jurisdiction)
3 International Crimes
Piracy
Slavery
Illegal broadcast
What can you enforce in the EEZ
Fisheries
Immigration
Sanitation
Customs Law
Four Types of Vessels
Recreational
Commercial
Government
Warships
Examples of Substantive Law
Drug Interdiction
Fisheries Enforcement
Enviormental Pollution
Vessel Safety
Immigration
Protected areas and species
PWCS
General crime
