EPO 24

Question 1

What authority allows for Vessel Document Checks

Answer 1

19 USC 1581 (Statute) [also 1587]

19 CFR 162.3 (Regulation)

Question 2

What & Where can a Boarding and Document Check be conducted?

19 USC 1581

Answer 2

Any Vessel located within the “customs waters”:

• 12 NMs of the US coast
• on inland waters that provide ready access to ocean sea or foreign territory

Any foreign vessel on the “high seas” (beyond 12 NMs) if there is a boarding agreement between US and foreign vessel’s flag state

Any US vessel on the “high seas” (beyond 12 NMs) except within 11th Circuit Court of Appeals (FL, GA, & AL)

Question 3

What is the scope of a document check?

Answer 3

19 USC 1581 allows for the vessel documents to be checked (not passengers) which requires a zero suspicion, brief seizure of the vessel

During the vessel document check RS or PC can be developed based on “open view”, “plain smell”, and “overheard conversations”

Question 4

What & Where can a Cargo Examination be conducted?

Answer 4

19 USC 1587

A vessel beyond “customs waters” (beyond 12 NMs) that is involved in defrauding the US:

• “Hovering Vessel” = PC unlawful introduction of merchandise
• Termination of “Hot Pursuit” that originated in “customs waters”
• Investigation of a navigation light violation first observed in “customs waters” (12 NMs)
• Stateless of Assimilated to Stateless vessels (ie. Vessel with no registration, or registered to Country A but flying flag of Country B)

Question 5

What is a “Hovering Vessel”?

Answer 5

19 USC 1401(k)

Reasonable to believe from history, conduct, character, or location vessel is used to violated laws.

Includes any vessel which has visited a “hovering vessel”

Regardless of actual location (within or without “customs waters” 12 NMs)

Question 6

What “add-ons” can you do with the document checks (Pilot Certification Inspection and Vessel Document Check)?

Answer 6

Zero suspicion = consent search
RS criminal activity = Investigative Detention
RS threat = Protective Sweep or Frisk
PC Evidence/Contraband = Readily Mobile Conveyance search
RC FEB(I)(O) or Extended Border = Border Search

Question 7

What regulatory authority do you have in “customs” waters?

Answer 7

19 USC 1581

Hail, Stop, and Board for a Document Check

Remember, just a temporary seizure, not a search…but while onboard you can develop RS/PC for a separately justified search/seizure

Question 8

What regulatory authority to you have beyond “customs waters”?

Answer 8

19 USC 1587 Allows cargo examination on the high seas (12+NM) of any vessel “defrauding the revenue” of the US

Question 9

What activities are classified as “defraud the revenue”?

Answer 9

HVAC

“Hot Pursuit” (started in Customs water can lead onto the high seas)
Vessel that is “Hovering”
Anti collision lights (navigation lights) not on (followed from Customs waters to high seas)
Confused vessel (stateless or “assimilated stateless” flying different flag than registration)

Question 10

19 USC § _____ authorizes a cargo examination in what location?

Answer 10

1587

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