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OSC Servicewide > Law Enforcement > Flashcards

Law Enforcement Flashcards

0
Q

Jurisdiction is comprised of what 3 elements?

A

Vessel status/flag
Location
Substantive Law

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1
Q

What does MOTR mean?

A

Maritime Operational Threat Response

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2
Q

What is the MLEM instruction number?

A

COMDTINST M16247.1

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3
Q

“The Coast Guard shall _____ or _____in the enforcement of all applicable federal laws on, under and over the high seas and waters subject to the _______of the United States.”

What USC is this?

A

14 USC 2

enforce; assist

jurisdiction

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4
Q

What does the Magnuson Act, 50 U.S.C 191-195 provide?

A

Maritime national security authority

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5
Q

What is the phone number for the National Response Center?

A

1-800-424-8802

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6
Q

True/False

The U.S may not exercise jurisdiction over foreign flag vessels engaged in innocent passage.

A

True

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7
Q

What is 33 CFR Part 6?

A

“safeguard vessels, harbors, ports and waterfront facilities”

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8
Q

The enforcement authority granted to COTPs under 33 CFR Part 6 includes what?

A

“the authority to establish security zones, issue orders, inspect and search any vessel, waterfront facility, security zone, or person, article or thing.”

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9
Q

What USC is this?

The principle authority for armed and uniformed CG LE activity ashore

A

46 USC 70117

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10
Q

What act establishes the CG’s authority to carry a firearm in the performance of official duties?

A

The CG and Maritime Transportation Act of 2004

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11
Q

What are two ways that other agencies may assist with CG LE operations?

A
  1. Other agencies may assist the CG while performing their own missions pursuant to their own organic authority to engage in the activity.
  2. The CG may formally request assistance from other agencies and entities.
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12
Q

What USC is this?

Federal, state and local agencies can request CG LE assistance when CG facilities and persons are especially qualified to perform a particular activity.

A

14 USC 141

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13
Q

What CFR is this?

CG COTPS to enlist aid and cooperation of federal, state, county, municipal and private agencies to assist in the enforcement of regulations which primarily involve enforcement of security zones.

A

33 CFR 6.04-11

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14
Q

What is force majeure?

A

A vessel forced into coastal State waters by virtue of distress, whether brought by natural or man-made causes, is generally not subject to coastal State jurisdiction during a reasonable period of time necessary to remedy such distress.

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15
Q

May a coastal State board a vessel claiming force majeure?

A

Yes, in order to verify the claim.

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16
Q

A vessel claiming force majeure remains subject to what?

A

The direction of the COTP to protect port safety and may under exceptional circumstances involving significant threats to the U.S, be subject to U.S jurisdiction or entry controls.

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17
Q

What is transit passage?

A

The right of non - interference for a vessel or aircraft transiting through a foreign territorial sea that comprises an international strait used for navigation between areas of international waters.

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18
Q

True or False? Transit passage may include anchoring in the course of ordinary navigation.

A

TRUE

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19
Q

What is innocent passage?

A

The right of non-interference for a vessel transitioning inbound, outbound, or through a foreign territorial sea.

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20
Q

Do aircraft have a right of innocent passage?

A

NO

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21
Q

What is assistance entry?

A

The right of non - interference for a vessel to enter foreign territorial sea to conduct bona fide rescue of those in danger or distress at sea.

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22
Q

For a vessel to claim assistance entry, what must be reasonably well-known?

A

The location of vessel in distress.

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23
Q

International law allows for the establishment of an _____, adjacent to the ______ and extending ________ from the baseline in which a coastal State may exercise the control necessary to protect _______.

A

EEZ, territorial sea, 200 NM, natural reasources

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24
Q

International law allows for the establishment of a _______, adjacent to the sea extending ______ from the baseline, in which a coastal State may exercise the control necessary to prevent and punish infringements of its _____, ______, _____ and _______ laws.

A

Contiguous zone, 24 NM, fiscal, immigration, sanitary and customs

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25
Q

Define registry.

A

This term refers to flag State procedures for fixing the conditions that entitle a vessel to fly the flag of that State.

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26
Q

Define nationality.

A

The assertion that a vessel claims the protection of a particular flag State and, therefore, is subject to that State’s jurisdiction.

27
Q

What is Hot Pursuit?

A

Allows a coastal State to preserve its jurisdiction to take LE action against a foreign flag vessel that flees beyond normal jurisdictional limits after it has committed a violation of the coastal State’s law.

28
Q

When must hot pursuit cease?

A

If the pursuit is not continuous (visual or radar), or if the pursued vessel enters foreign territorial waters.

29
Q

What is constructive presence?

A

A coastal State may exercise jurisdiction over a foreign flag vessel that remains seaward of the zone of jurisdiction, but acts in concert with another vessel or aircraft that violates coastal State laws inside the zone of jurisdicition.

30
Q

There are three principles of customary international law that provide the CG with a basis for taking limited action without obtaining flag State authorization. What are they?

A
  1. Right of Visit (ROV)
  2. Master’s consent
  3. Rendering assistance.
31
Q

What is right of approach (ROA)?

A

Under international law, a warship, military aircraft or other duly authorized vessel may approach in international waters any vessel, other than a warship or government vessel on non-commercial service, to verify its nationality.

32
Q

In order to determine a vessel’s nationality, the authorized vessel must ask what?

A

Right of approach questions

33
Q

What article authorizes ROV boardings?

A

Article 110 of the 1982 Law of the Sea Convention (LOSC)

34
Q

Units may commence ROV boardings on what vessels?

A
  1. For vessels with no indicators of nationality.
  2. For vessels reasonably suspected to be engaged in piracy, slave trade, and unauthorized broadcasting
  3. When they have clear, articulable evidence to believe that indicators and/or claims of vessel nationality are false or conflicting
35
Q

When is an ROV boarding commenced?

A

When the boarding team has been dispatched from the LE platform (cutter or ship)

36
Q

When may the CG go aboard a foreign flag vessel or vessel of unknown nationality in international waters?

A

To render assistance to persons or property in distress

37
Q

What is a consensual boarding?

A

Master in charge of a foreign flagged vessel on the high seas not within coastal State jurisdiction consents to the boarding of their vessel regardless of whether the team otherwise has jurisdiction to board.

38
Q

If at any time during the consensual boarding, the master withdraws consent, what happens now?

A

The boarding cannot proceed.

39
Q

What is required to conduct any consensual boarding?

A

A Flag or Commandant SNO (CG-DCO)

40
Q

Define Maritime Law Enforcement.

A

Any armed intervention by uniformed CG personnel, including aboard vessels and at facilities ashore, to detect and suppress applicable violations of the law.

41
Q

List the characteristics of a confined space.

A
  1. It is large enough to allow a person to enter and perform work.
  2. It has limited or restricted means for entry or exit.
  3. It is not designated for continuous human occupancy.
42
Q

Who shall boarding teams be comprised of?

A

At least two qualified CG personnel, at least one of whom shall be a qualified boarding officer.

43
Q

Why is an ISI conducted?

A

Initial Safety Inspection is done to identify any safety hazards that may exist and ensure the seaworthiness of the vessel being boarded.

44
Q

What are the two levels of an ISI?

A

Basic and extended.

45
Q

What is the basic initial safety inspection?

A

A quick and limited protective inspection of a Safety inspection vessel for boarding team safety.

46
Q

What is a basic ISI based upon?

A

Protective purposes, not probable cause or reasonable suspicion.

47
Q

What is an extended ISI?

A

Part of the protective inspection of a vessel for the safety of the boarding team, but is more focused.

48
Q

When may an EISI be conducted?

A

When reasonable suspicion exists that there is a particular hazard that may threaten the boarding team.

49
Q

What does the Fourth Amendment protect?

A

U.S persons and foreign persons in U.S territory from searches that unreasonably interfere with a person’s reasonable expectation of privacy and thus applies to inspections conducted to ensure compliance with governmental regulations.

50
Q

Boarding or taking other LE action against foreign flag vessels claiming to be in innocent passage requires what?

A

A Commandant (CG-53) SNO

51
Q

CG commissioned, warrant, and petty officers are authorized by 14 USC 89 to arrest when?

A
  1. Probable cause indicates that a federal felony has been committed.
  2. A federal misdemeanor is committed in their presence.
52
Q

What vessels are subject to U.S jurisdiction when located in U.S waters?

A
  1. U.S vessels
  2. Vessels without nationality
  3. Foreign flagged vessels
  4. Force majeure
  5. Peace of the Port doctrine
53
Q

Which appendix in the MLEM is the Law Enforcement Case Package located in?

A

Appendix G

54
Q

An _______ is an inadmissible crewmember that gains or attempts to gain illegal entry into the U.S.

A

Absconder

56
Q

A ________ is a crewmember that is authorized by the CBP to enter but upon entry remains illegally in the U.S.

A

Deserter

57
Q

A ______ is any person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the ship’s owner or the master or any other responsible person, and who is detected onboard the ship after it has departed from port, or in the cargo while unloading it in the port of arrival.

A

Stowaway

58
Q

_______ ensures port safety, security and marine environmental protection regulations for vessels, harbors, facilities, anchorages, security zones, safety zones, regulated navigation areas, and deepwater ports.

A

COTP

59
Q

________ has the authority to control vessel and facility operations, and can use that authority for law enforcement purposes in order to protect public safety, security and the marine environment.

A

COTP

60
Q

_______ pre-designated official responsible for coordinating and when necessary, directing, all response operations to oil and hazardous materials incidents under the National Contingency Plan.

A

FOSC

61
Q

The ________ is one of the most effective means of controlling vessel movements and limiting access to sensitive areas.

A

Security zone

62
Q

__________ provide a distinct perimeter by which ______ and ______ zones are established.

A

Security zone
buffer
reaction

63
Q

COTPs establish the requirement for _____ _____ _____to protect critical infrastructure in or adjacent to waters subject to the jurisdiction of the U.S

A

fixed security zones

64
Q

Under the Magnuson Act, the COTP must find that the security zone is necessary to prevent damage or injury to any ______, ______ _______, or to safeguard ______, ______, ________ or water of the U.S, or to secure rights and obligations of the U.S

A

vessel
waterfront facility

ports, harbors, territories

65
Q

For security zones established under the _______, a security zone must be needed to prevent or respond to an act of terrorism.

A

Ports and Waterways Safety Act (PWSA)

66
Q

_______ are established by the COTP or District Commander under the authority of PWSA 33 USC 1225. A safety zone are _____ and _____ areas to which for safety or environmental purposes, access is limited to authorized persons, vehicles or vessels.

A

Safety zone

67
Q

The creation of the security zone is authorized under the _________ Act, ________ and _______ Act, and _________.

A

Magnuson
Port and Waterways Safety Act
Espionage Act

OSC Servicewide (8 decks)

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