Eleanor Finch
The Drug Trafficking Vessel Interdiction Act (DTVIA), 18 U.S.C. section 2285, makes it a federal crime to operate a submersible vessel in international waters without nationality and with the intent to evade detection. This law was designed to prohibit the use of vessels intended to evade detection for drug, weapon, and human trafficking. The United States Constitution has tested the constitutionality of this statute in the case of United States v. Ibarguen-Mosquera, where the defendants challenged the statute on four grounds.
| Characteristics | Values |
|---|---|
| Name of the Act | Drug Trafficking Vessel Interdiction Act (DTVIA) |
| Statute | 18 U.S.C. section 2285 |
| Offense | Operating a submersible vessel or semi-submersible vessel without nationality in international waters with the intent to evade detection |
| Penalty | Fined, imprisoned for not more than 15 years, or both |
| Jurisdiction | Extraterritorial Federal jurisdiction |
| Defense | The vessel was a vessel of the United States or lawfully registered in a foreign nation; classed by and designed according to the rules of a classification society; lawfully operated in government-regulated or licensed activity; or the individual possesses a certificate of classification issued by the vessel's classification society |
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What You'll Learn
The Drug Trafficking Vessel Interdiction Act (DTVIA)
The DTVIA was enacted to combat the use of illicit self-propelled semi-submersible and submersible vessels in international drug trafficking. It extended previous legislation such as the Marijuana on the High Seas Act (MHSA) and the Maritime Drug Law Enforcement Act (MDLEA). The act provides for extraterritorial jurisdiction, meaning US prosecutors can bring criminal charges even if the vessel and cargo were not recovered in a sovereign nation's territorial waters.
The law imposes criminal and civil penalties for the knowing operation, attempt, or conspiracy to operate such a vessel without nationality in international waters. This includes vessels that are without nationality and that navigate into, through, or from waters beyond the territorial sea of a single country or the lateral limit of that country's territorial sea with an adjacent country.
To be convicted under the DTVIA, it must be proven that the vessel was operated with the intent to evade detection. This can be established through various types of evidence, such as the presence of certain indicia described in the relevant sections of Title 46 of the US Code.
The constitutionality of the DTVIA has been challenged on several grounds, including that it exceeds Article I powers, that the phrase "semi-submersible" and "intent to evade" are unconstitutionally vague, and that it shifts the burden of proof onto defendants, denying them procedural due process. However, the act has been upheld as constitutional, as seen in the case of United States v. Ibarguen-Mosquera, where the Coast Guard seized a boat, and all crew members were charged with violations of the DTVIA.
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Intent to evade detection
In the United States, it is illegal to operate a submersible vessel in international waters without nationality and with the intent to evade detection. This is outlined in the Drug Trafficking Vessel Interdiction Act (DTVIA), 18 U.S.C. section 2285. The law specifically states that it is a crime to:
> "...operate by any means or embark in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection."
The intent to evade detection is a key element of this statute, indicating that the operator of the vessel is deliberately attempting to avoid being seen or detected by authorities. This intent can be established through various types of evidence, such as the presence of certain equipment or documents on board the vessel, or the circumstances in which the vessel is being operated.
The law imposes significant penalties for those found guilty of operating a submersible vessel in international waters with the intent to evade detection. These penalties can include fines, imprisonment of up to 15 years, or both. The specific penalties may vary depending on the circumstances of each case and the jurisdiction in which the case is prosecuted.
The constitutionality of this statute has been challenged in court cases, such as United States v. Ibarguen-Mosquera, where defendants argued that the phrase "intent to evade" is unconstitutionally vague and that the statute exceeds Article I powers. However, the Eleventh Circuit Court has upheld the constitutionality of the seizure of a boat by the Coast Guard in this case, setting a precedent for similar cases in the future.
In summary, the operation of a submersible vessel in international waters without nationality and with the intent to evade detection is illegal under U.S. law. This law was established to prevent the use of such vessels for drug trafficking, weapons trafficking, and human trafficking. The penalties for violating this law can be severe, and it is important for vessel operators to ensure compliance with all applicable regulations to avoid legal consequences.
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Affirmative defence
The Drug Trafficking Vessel Interdiction Act (DTVIA), 18 U.S.C. section 2285, makes it a federal crime to operate a submersible vessel in international waters without nationality and with the intent to evade detection. This law was designed to prohibit the use of vessels intended to evade detection for drug, weapon, and human trafficking.
In the case of United States v. Ibarguen-Mosquera, the defendants challenged the constitutionality of the statute on several grounds, including that it exceeded Article I powers, that the phrase "semi-submersible and intent to evade" is unconstitutionally vague, and that it denies defendants procedural Due Process.
According to 18 USC 2285, there are several affirmative defences available to a defendant who has been charged with operating a submersible vessel without nationality. The defendant has the burden to prove these defences by a preponderance of the evidence. The defences are as follows:
- The submersible vessel involved was, at the time of the offense, a vessel of the United States or lawfully registered in a foreign nation. This can be proven by producing government documents evidencing the vessel's nationality as provided in Article 5 of the 1958 Convention on the High Seas.
- The vessel was classed by and designed in accordance with the rules of a classification society, as evidenced by a valid certificate of classification issued by the vessel's classification society.
- The vessel was lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration. This can be proven by producing government documents evidencing licensure, regulation, or registration for these activities.
It is important to note that these affirmative defences do not apply to activities that are unlawful or unauthorized by the United States Government.
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Federal jurisdiction
In the United States, it is a federal crime to operate a submersible vessel in international waters without nationality and with the intent to evade detection. This law is enshrined in the Drug Trafficking Vessel Interdiction Act (DTVIA), 18 U.S.C. section 2285. The DTVIA makes it illegal for anyone to knowingly operate or attempt to operate a submersible or semi-submersible vessel without nationality in international waters, with penalties including fines, imprisonment of up to 15 years, or both.
The exercise of federal jurisdiction in this case is based on the principle that a state has the right to regulate the conduct of its nationals even when they are acting outside of its territory. This is recognized under customary international law and the Law of the Sea Convention (LOSC). According to the LOSC, a state may exercise jurisdiction over a vessel that is registered with it and flying its flag.
It's important to note that federal jurisdiction in this context has certain limitations. For example, the DTVIA states that it does not apply to lawfully authorized activities carried out by or at the direction of the US government. Additionally, the exercise of federal jurisdiction may be limited by the principles of international law, such as the immunity granted to foreign government ships operated for non-commercial purposes while within the ports and internal waters of another state.
In conclusion, federal jurisdiction over the operation of submersible vessels in international waters is established through the DTVIA, which criminalizes the operation of such vessels without nationality and with the intent to evade detection. This jurisdiction is based on recognized principles of international law and is subject to certain limitations outlined in both international law and US legislation.
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Requirements for permits
The US Constitution makes it illegal to operate a submersible vessel in international waters without nationality and with the intent to evade detection. This law is known as the Drug Trafficking Vessel Interdiction Act (DTVIA), 18 U.S.C. section 2285.
To legally operate a submersible vessel, one must adhere to the following requirements:
- Nationality: The vessel must have a clearly established nationality. This can be evidenced by producing relevant government documents as outlined in Article 5 of the 1958 Convention on the High Seas. These documents may include a certificate of classification issued by the vessel's classification society, valid at the time of operation, or documents evidencing licensure, regulation, or registration for commerce, research, or exploration.
- Identification Systems: The vessel should be equipped with and actively utilise an operable automatic identification system, vessel monitoring system, or long-range identification and tracking system.
- Lawful Operation: The operation of the submersible vessel must be lawful and authorised. This includes ensuring that the vessel is registered and classified by a recognised classification society and that its activities are government-regulated or licensed for specific purposes, such as commerce, research, or exploration.
- No Intent to Evade Detection: Operating a submersible vessel with the intent to evade detection in waters beyond the territorial limits of a country is strictly prohibited. This includes navigating into, through, or from the waters of a single country or the lateral limit of a country's territorial sea with an adjacent country.
- Compliance with 46 U.S.C. § 70508: This section outlines additional requirements and defences related to the operation of submersible vessels. It includes the presentation of specific documents as evidence and the consideration of certain factors as prima facie evidence of intent to evade detection.
- Extraterritorial Jurisdiction: According to 18 USC 2285, there is extraterritorial federal jurisdiction over offences related to the operation of submersible vessels without nationality. This means that these regulations extend beyond the territorial waters of the United States.
It is important to note that the specific permit requirements may vary depending on the jurisdiction and the purpose of the submersible vessel's operation. Adhering to these requirements is crucial to avoid legal penalties, which can include fines, imprisonment, or both.
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Frequently asked questions
The Drug Trafficking Vessel Interdiction Act (DTVIA), 18 U.S.C. section 2285.
It is a federal crime to operate a submersible vessel in international waters without nationality and with the intent to evade detection.
Violators may be fined, imprisoned for up to 15 years, or both. Additionally, a civil penalty of up to $1,000,000 may be imposed.
Yes, in the case of United States v. Ibarguen-Mosquera, the defendants challenged the constitutionality of the statute on several grounds, including exceeding Article I powers and denying procedural Due Process.
