Extraterritorial Enforcement Authority

Question 1

Extraterritorial Law Enforcement

Answer 1

• 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.

Question 2

Land border

Answer 2

• dividing lines between US/Mexico and US/Canada

Question 3

Sea border

Answer 3

• 12 miles beyond the coastline/baseline

Question 4

Air border

Answer 4

• extends directly upward from land or sea border

Question 5

US territorial sea

Answer 5

• waters from the baseline to 12 nautical miles

Question 6

customs waters

Answer 6

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

Question 7

Inland waters

Answer 7

• waters on the landward side of the baseline of the territorial sea

Question 8

internal waters

Answer 8

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

Question 9

high seas

Answer 9

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

Question 10

FEB

Answer 10

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

Question 11

border nexus

Answer 11

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

Question 12

19 USC 1581 (a)

Answer 12

• 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

Question 13

penalty for failure to heave

Answer 13

• fines between 1k and 5k

Question 14

penalty for presenting false docs

Answer 14

• fines between $500 and $5k

Question 15

US vessels are classified as either documented or _____

Answer 15

• undocumented

Question 16

US documented vessels

Answer 16

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

Question 17

US documented vessels possess:

Answer 17

• a REGISTRY

- an ENDORSEMENT (license)

Question 18

registry

Answer 18

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

Question 19

endorsement

Answer 19

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

Question 20

what are the 4 endorsement activities:

Answer 20

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

Question 21

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

Answer 21

• passport and visa

Question 22

all US documented vessels must:

Answer 22

• be placed under the command of a USC

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

Question 23

failure for violations result in…..

Answer 23

• fines and prison term of 1 year or less.

Question 24

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

Answer 24

1) vessels official number (VIN)

- this number is located on the “main beam”

Question 25

undocumented vessels

Answer 25

- US vessels not classified as documented | - must have a state issued number displayed on each side of the vessel

Question 26

violations of undocumented vessels penalty

Answer 26

- fines and prison term of less than a year

Question 27

foreign registered vessels

Answer 27

- registered under the flag of a foreign nation

Question 28

vessels must sail under the flag of how many nations?

Answer 28

1

Question 29

foreign registered vessels need:

Answer 29

- registry documentation - name of vessel master - name and address of the ships agent - cargo manifest - crew list - voyage logs

Question 30

what is the scope of search within customs waters?

Answer 30

- 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.

Question 31

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?

Answer 31

- ALABAMA - FLORIDA - GEORGIA

Question 32

what is a hovering vessel?

Answer 32

- a smuggling vessel

Question 33

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

Answer 33

- Maritime Operational Threat Response (MOTR)

Question 34

Assimilated vessels

Answer 34

- vessels which fly under flags on two or more nations are treated like STALE vessels

Question 35

stale vessels

Answer 35

- vessels without nationality that are not lawfully registered in any nation