BTM
What is Authority?
.The Goverment's legal power to act
What are the Five Fundamental sources of the CG Enforcement Authority?
MCPAC: Master Chief's Protect America CGISMaritime LE, Customs Authority, PWCS, Assist.
Authority, CGIS14 U.S.C. 101, 102, 522, 703, 701
What Authority do you have to conduct a boarding?
14 U.S.C. 522
14 U.S.C. 101
Est. the CG as armed service
14 U.S.C. 102
Est. the CG as a LE Agency and gives us our basic LE Authority
14 U.S.C. 522
Est. the scope of our authority: What, Where, When, Why, How and Who
“The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests
upon the high seas and waters over which 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 on board of any vessel subject to the
jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board,
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examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all
necessary force to compel compliance.”“The Coast Guard may make inquiries, examinations,
inspections, searches, seizures, and arrests upon the high seas and waters over which 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 on
board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States,
address inquiries to those on board, examine the ship’s documents and papers, and examine,
inspect, and search the vessel and use all necessary force to compel compliance.”
(Maritime Authority), What: (Scope) (Seas II)
Conduct Searches
- Conduct Examinations
- Make Arrests
- Make Seizures
- Conduct Inspections
- Make Inquiries
(Spaces & Individuals) (Documents, MMC’s, etc.) (Individuals)(Things, Property, Vessels, etc.)
(Required equipment, records) (Pre-boarding questions)
(Maritime Authority) Where:
On the High Seas and Waters over which the CG has jurisdiction
(Maritime Authority) Why:
, Prevention, Detection and Suppression of Violations of the laws of the US.
(Maritime Authority) Who:
Commissioned Officers, Warrant Officers & Petty Officers
(Maritime Authority) When:
At any time
(Maritime Authority) How:
Use of all force necessary to compel compliance
Demonstrate the ability to explain to the boating public your authority for conducting a
boarding.
The Coast Guard is authorized by 14 U.S.C. 522 to board any vessel subject to the jurisdiction or to
the operation of any law of the United States, on the high seas and waters which the U.S. has
jurisdiction, at any time, day or night, for the prevention, detection, and suppression of violations of
the laws of the United States.
Explain Customs Authority
14 U.S.C. 703 (Customs Authority) [19 U.S.C. 1401, 1581, 1589] - Grants the CG Customs Authority-
Allows us to carry a firearm as a Customs Office
Explain Assistance Authority
Explain Assistance Authority
What is Jurisdiction?
The Government's power to exercise legal authority over its persons, vessel's and territory.
Draw out the Jurisdictional limitation areas. 100%
(33CFR2.05)
- Interstate waters: Waters (lakes) that are in two states (Ex: Lake Tahoe) = Federal
- Internal waters: Waters shoreward of baseline ie: rivers, bays, harbors
- Baseline: (B)The low mean waterline along the coast (Mean is avg. of low tides in the area)
- US Territorial Sea: B to 12 nm
- Customs Waters: B to 12 nm
- Contiguous Zone: 3 nm to 24 nm
- Exclusive Economic Zone (EEZ): 12 nm to 200 nm
- High Seas: 200 nm to seaward edge of a territorial sea
- International Waters: Waters seaward of the outer limit of the territorial sea of any nation
- Foreign Territorial Sea: Waters within a belt that is adjacent to a foreign nation's coast, 12 nm
What are the three elements of jurisdiction?
1. Substantive law: Domestic, foreign or international law must apply to the particular enforcement
situation. Prohibits certain action or requires affirmative conduct “Common Sense Law”
2. Location: Allowable extent of US Jurisdiction over persons and vessels is determined by the
character of the water in or over which they are in or over.
3. Vessel Status/Flag: A valid claim of nationality may be evident by:
- Documentation
- Flying the State’s Ensign/Flag ( US Flag, Foreign Flag, w/out Nationality, or treated as such)
