Authority and Jurisdiction

Question 1

Authority

Answer 1

The government’s legal power to act.

Question 2

What are the 5 fundamental sources of CG enforcement authority?

Answer 2

Maritime Law Enforcement
Customs
Ports, Waterways, and Coastal Security
Assistance
CGIS

Question 3

Where does the Coast Guard get its’ authority?

Answer 3

14 USC 522

Question 4

14 USC 522

Answer 4

The Coast Guard may make inquiries, examinations, searches, seizures, and arrests upon the high seas and waters over with the United States has jurisdiction for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go onboard any vessel subject to the jurisdiction or to the operation of any law of the United States, address inquiries to those onboard, examine the ship’s documents and papers, and examine, inspect, and search the vessel, and use all necessary force to compel compliance.

Question 5

14 USC 101

Answer 5

Establishes the Coast Guard as an armed service.

Question 6

14 USC 102

Answer 6

List the Coast Guard’s primary duties.

Question 7

13 USC 1226

Answer 7

Provides authority for the Coast Guard to take actions to prevent or respond to an act of terrorism against an individual, vessel, or public or commercial structure, that is subject to the jurisdiction of the United States and located within or adjacent to the marine environment, or a vessel of the United States or an individual onboard that vessel. Such actions to prevent or respond to acts of terrorism include but are not limited to:

1. Inspections
2. Port and harbor patrols
3. Establishment of security and safety zones
4. Development of contingency plans and procedures

Question 8

Jurisdiction

Answer 8

The government’s legal power to exercise legal authority over it’s persons, vessels, and territories.

Question 9

Jurisdictional Triangle

Answer 9

Vessel Flag/Status
Location
Substantive Law

Question 10

Substantive Law

Answer 10

Law that prohibits certain actions or requires affirmative conduct.

Question 11

Vessel Flag/Status

Answer 11

U.S.
Foreign
Without Nationality
Assimilated Without Nationality

Question 12

Baseline

Answer 12

Low waterline along the coast.

Question 13

Territorial Sea

Answer 13

12 NM seaward of the baseline.

Question 14

Contiguous Zone

Answer 14

24 NM seaward of the baseline.

Question 15

What laws are enforced in the Contiguous Zone?

Answer 15

Fiscal
Immigration
Sanitation
Customs

Question 16

Customs Waters

Answer 16

Internal Waters to seaward of 12 NM of the baseline.

Question 17

Internal Waters

Answer 17

Waters shoreward of the baseline.

Question 18

Exclusive Economic Zone

Answer 18

12 NM to 200 NM

Question 19

High Seas

Answer 19

200 NM to another nation’s territorial sea.

Question 20

What laws are enforced on the High Seas?

Answer 20

Universal Crimes:
Piracy
Unauthorized Broadcasting
Transportation of Slaves

Question 21

International Waters

Answer 21

Waters between U.S. and foreign territorial seas.

Question 22

Exclusive State Waters

Answer 22

Waters completely encompassed by one state.

Question 23

Special Maritime Territorial Jurisdiction

Answer 23

High Seas
U.S. vessels in foreign waters
Great Lakes
Federal Reserves
Land/water possesions of the U.S. not within the 50 states
Territorial seas
Does Not Include:
Internal waters
State waters

Question 24

Foreign Territorial Waters

Answer 24

Waters adjacent to a foreign country and extending 12 NM off the foreign country’s borders.

Question 25

What vessels are exempt from U.S. jurisdiction?

Answer 25

Warships
Government owned vessels
Non-commercial vessels

Question 26

Explain the difference between USC and CFR.

Answer 26

USC:
The compilation and codification of U.S. Statutory Law by subject matter arranged in numerical titles.
CFR:
The compilation and codification of U.S. Administrative Law by subject matter arranged in numerical titles.

Question 27

What is Force Majuere?

Answer 27

A vessel forced into coastal state waters by virtue of distress, whether brought about 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.

Question 28

What is Innocent Passage?

Answer 28

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

Question 29

What is Transit Passage?

Answer 29

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.

Question 30

What is Peace of the Port?

Answer 30

The U.S. may choose to refrain from asserting it’s jurisdiction over foreign flag vessels in it’s territorial sea and international waters, leaving control of the matter to the flag state.

Question 31

What is Hot Pursuit?

Answer 31

Allows a coastal state to preserve it’s 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.

Question 32

What are Universal Crimes?

Answer 32

Piracy, transportation of slaves, and unauthorized broadcasting may be subject to the jurisdiction of any nation.

Question 33

What is Constructive Presence?

Answer 33

Customary international law allows a coastal state to exercise jurisdiction over a vessel that is constructively present within it’s coastal zone of jurisdiction.

Question 34

Explain Right of Approach.

Answer 34

Warships, 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 it’s nationality.

Question 35

Explain Right of Visit.

Answer 35

The right of warships and other duly authorized vessels or military aircraft in international waters to board a vessel of unknown nationality in order to determine it’s nationality, or to board any vessel suspected of engaging in piracy, slave trade, or unauthorized broadcasting.