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HSI Test 1 > Extraterritorial Enforcement Authority > Flashcards

Extraterritorial Enforcement Authority Flashcards

1
Q

Extraterritorial Law Enforcement

A
  • the process of identifying prohibited conduct that occurs outside the US that has been deemed an offense against the US and is punishable by US courts.
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2
Q

Land border

A
  • dividing lines between US/Mexico and US/Canada
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3
Q

Sea border

A
  • 12 miles beyond the coastline/baseline
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4
Q

Air border

A
  • extends directly upward from land or sea border
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5
Q

US territorial sea

A
  • waters from the baseline to 12 nautical miles
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6
Q

customs waters

A
  • the waters within 4 leagues (12 miles) of the coast of the US
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7
Q

Inland waters

A
  • waters on the landward side of the baseline of the territorial sea
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8
Q

internal waters

A
  • waters within the US that provide neither access to the open sea or a foreign territory
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9
Q

high seas

A
  • waters located beyond the territorial sea of the US aka INTERNATIONAL WATERS
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10
Q

FEB

A
  • the first practical detention point after a border crossing or the final port of entry
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11
Q

border nexus

A
  • exists if a person or thing to be searched crossed the border or had meaningful contact with someone or something that crossed the border.
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12
Q

19 USC 1581 (a)

A
  • any officer of the customs may at any time go on board of any vessel or vehicle at any place in the US or within the Customs waters or, within a customs-enforcement area
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13
Q

penalty for failure to heave

A
  • fines between 1k and 5k
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14
Q

penalty for presenting false docs

A
  • fines between $500 and $5k
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15
Q

US vessels are classified as either documented or _____

A
  • undocumented
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16
Q

US documented vessels

A
  • US owned
  • at least 5 tons
  • not registered under laws of a foreign nation
17
Q

US documented vessels possess:

A
  • a REGISTRY

- an ENDORSEMENT (license)

18
Q

registry

A
  • vessels proof of ownership
  • contains:
    1) Identity and vessel description2) Identity of the vessel owner
19
Q

endorsement

A
  • a license that describes what kind of activity a vessel can engage in within US waters.
20
Q

what are the 4 endorsement activities:

A

1) foreign trade
2) coastwise trade: domestic trade between US ports
3) fishing
4) recreational activities

21
Q

the registry and endorsement have the same type of relationship as a ____ and ____.

A
  • passport and visa
22
Q

all US documented vessels must:

A
  • be placed under the command of a USC

- sail with a certificate of documentation and make certificate available for examination

23
Q

failure for violations result in…..

A
  • fines and prison term of 1 year or less.
24
Q

what are additional documents subject to check on a US vessel?

A

1) vessels official number (VIN)

- this number is located on the “main beam”

25
Q

undocumented vessels

A
  • US vessels not classified as documented

- must have a state issued number displayed on each side of the vessel

26
Q

violations of undocumented vessels penalty

A
  • fines and prison term of less than a year
27
Q

foreign registered vessels

A
  • registered under the flag of a foreign nation
28
Q

vessels must sail under the flag of how many nations?

A

1

29
Q

foreign registered vessels need:

A
  • registry documentation
  • name of vessel master
  • name and address of the ships agent
  • cargo manifest
  • crew list
  • voyage logs
30
Q

what is the scope of search within customs waters?

A
  • ZERO SUSPICION to check documents
  • you can request CONSENT to search
  • with RS, conduct Investigative detention
  • RS of custom violation - SA may search all non private areas of the vessel (open deck, cargo holds, engine rooms, and ice holds)
  • PC to search containers, crew quarters, or personal items in the absence of a border nexus.
  • PLAIN VIEW observations during a lawful boarding can lead to PC to do a warrantless search due to mobile conveyance
  • TERRY FRISK: rs someone on board is armed and dangerous.
  • PROTECTIVE SWEEPS: with RS officers may briefly search locations where people can be found. plain view applies during protective sweep.
31
Q

due to US v. Sarmiento, you can not board and check US vessels in high seas when vessels are located beyond the customs waters of what states?

A
  • ALABAMA
  • FLORIDA
  • GEORGIA
32
Q

what is a hovering vessel?

A
  • a smuggling vessel
33
Q

before boarding a vessel on the high seas, the SA must comply with the

A
  • Maritime Operational Threat Response (MOTR)
34
Q

Assimilated vessels

A
  • vessels which fly under flags on two or more nations are treated like STALE vessels
35
Q

stale vessels

A
  • vessels without nationality that are not lawfully registered in any nation

HSI Test 1 (10 decks)

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