ME MLEM

Coast Guard Jurisdiction Registry and Nationality

"Registry" and "nationality" have separate and distinct meanings, and must be used precisely to avoid confusion. Registry refers to flag State procedures for fixing the conditions that entitle a vessel to fly the flag of that State. In contrast, nationality is simply the assertion that a vessel claims the protection of a particular flag State and, therefore, is subject to that State's jurisdiction.

Representative Samples of Narcotics

1. Cocaine: 10 Kilograms; 2. Heroin: 2 Kilograms; 3. Marijuana: 1 Bale or similar unit of packaging; 4. Other drugs: As directed by the cognizant SJA.

LE Authority Ashore Exigent Circumstances

1. In the Boarding Officer's presence, a person is committing or has committed an unlawful act involving use of force, or the threat of use of force, that is likely to cause death or serious physical injury; and 2. Shoreside LE personnel are not present, or have insufficient capacity to pursue and specifically request Coast Guard assistance.

Five Fundamental Sources of Coast Guard enforcement authority

1. Maritime Law Enforcement (MLE), 2. Customs authority, 3. Protection and Security of Vessels, Harbors, and Waterfront Facilities, including Law Enforcement (LE) Ashore, 4. Assistance authority, 5. Coast Guard Investigative Service (CGIS) Special Agents.

Guiding Principles for Searches of Persons

1. Searches of persons shall be conducted with the utmost tact and in a manner to ensure the dignity of the individual being searched is respected. Searches shall be conducted in a professional manner without comments about appearance, clothing or character. 2. Searches of persons should be conducted by a qualified member of the same sex as the person being searched. If a qualified person of the same sex is not available, use a qualified person of the opposite sex along with a witness of the same sex, if available. 3. Searches should be conducted without making direct contact with, or exposure of, genitalia or female breasts. A search of the torso, limited to the bra-line, shall normally be conducted on females. The bra-line is defined as the triangle shape around the breast area normally formed by the outer edges of the bra. If a search requires direct contact with, or exposure of, genitalia or female breasts, then the unit must document the following information in the evidence package: a. Reasonable suspicion justifying the search; and b. The reason that other alternatives to conducting the search were unavailable. 4. As set forth in the Coast Guard Use of Force Policy, the minimum non-deadly force reasonably necessary may be used to compel submission to lawful searches of persons. Absent a circumstance requiring immediate compliance, the individual should be given notice of the consequences for failure to comply, and a reasonable time for compliance. 5. Any article seized during a search must be properly treated as evidence. Property detained, but not seized, should be safeguarded and properly inventoried.

Law Enforcement Ashore (14 USC 99)

14 U.S.C 99 provides the principal authority for armed and uniformed Coast Guard LE activity ashore. 14 U.S.C. 99 Enforcement authority provides: "Subject to guidelines approved by the Secretary, members of the Coast Guard, in the performance of official duties, may - (1) carry a firearm; and (2) while at a facility (as defined in section 70101 of title 46) — (A) make an arrest without warrant for any offense against the United States committed in their presence; and (B) seize property as otherwise provided by law." Congress enacted 14 U.S.C 99 "to clarify the Coast Guard's LE authority while conducting onshore port security operations and have authorized members of the Coast Guard to make arrests and seize property while conducting port security operations at facilities defined under section 70101 of Title 46." However, Congress did "not intend this section to authorize members of the Coast Guard to use this authority [arrest and property seizure] while in transit to or from such facilities." In order to remain consistent with statutory structure and express legislative intent, it is Coast Guard policy that 14 U.S.C 99 arrest authorities should ordinarily be exercised only under the following circumstances: 1. At facilities; 2. While conducting port security operations; and 3. For offenses clearly tied to our statutory homeland security missions.

Body Cavity Search

A body cavity search is a visual or physical examination into a body cavity. A visual inspection of the mouth, ears, or nose during either an SIA or strip search is not considered a body cavity search. A body cavity search may be conducted when there is a reasonable suspicion that a weapon, evidence or means of escape is secreted in the specified body cavity to be examined. During a visual body cavity search, the person(s) being searched should be requested to manipulate their own bodies to permit adequate visual examination. If the visual examination reveals a suspicious object, the person should be requested to remove the object. If he/she refuses, removal by the examiner is not authorized. Videotaping of body cavity searches is not authorized. Physical body cavity searches are to be conducted only by a licensed physician under clinical conditions. If a licensed physician is not readily available and suspicion remains that the individual has secreted a weapon, evidence or means of escape in a body cavity, then the individual should be kept under observation. If a physical body cavity search is immediately necessary due to medical reasons, it must be conducted by available medical personnel using standard medical procedures.

Functional Equivalent of the U.S. Border (FEB)

A border search need not take place at the actual border. Rather, it may be conducted at a place considered the FEB (a location that acts or "functions" just like the border) such as the port where a ship docks in the U.S. after entering U.S. territorial waters from the high seas. Likewise, the FEB may be a cargo container at a U.S. pier in a customs control area about to be shipped abroad.

Coast Guard Jurisdiction Exceptions - Coastal State Suspension

A coastal State may suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security. In the U.S., the authority to suspend innocent passage resides with the President. Operational Commanders desiring suspension of innocent passage shall make such requests through the Maritime Operational Threat Response (MOTR) process, which is described in Appendix D of this Manual.

Destructive Search

A destructive search is any search activity that results or is likely to result in the permanent alteration, modification or destruction of any part of the vessel, including tanks or containers, bulkheads, hatches, and other surfaces, which cannot be reasonably repaired by the boarding team upon the completion of boarding activity at sea or dockside. A destructive search does not include minor and repairable modifications to property including without limitation search activity such as drilling holes or cutting patches in vessel surfaces for the purposes of investigating void spaces when such modifications can be patched and repaired upon the completion of a boarding. Destructive searches are not, and should not be, routinely conducted. As a matter of policy, this type of search (except during customs border searches, see Paragraph D.9.d of this Chapter) is only permitted when there is probable cause to believe a person is or was engaged in criminal activity and that evidence of this crime may be discovered in the area to be searched. The extent of the intrusiveness must be commensurate with the level of suspicion and must be based on objective, articulable fact(s).

Frisk Search

A frisk search is the crushing and passing of hands over the outer clothing of a person in search of weapons, when the officer suspects an individual may have a weapon that poses a threat to the boarding team or others. The scope of a frisk search may be extended to the "grab area" of an individual reasonably suspected to have a weapon (e.g., if someone is carrying a purse and a weapon is suspected, the purse may be searched to the extent necessary to rule out the existence of a weapon if it is within the "grab area" of that person). 1. A person who is not under arrest may be frisked when reasonable suspicion exists that the individual may have a weapon secreted upon his or her body that could endanger an officer or others. 2. Before commencing a frisk search, ask the subject if they have anything in their pockets that would stick, poke, or harm the officer. 3. During the frisk search the officer may remove from the person, for further examination, any object readily apparent as a weapon or potential weapon. The officer shall not remove other objects that do not feel like a weapon (e.g., soft packages). If, in the course of a legal frisk search, evidence of a violation is discovered, that evidence is considered a plain view discovery, should be seized and may be used as a basis for enforcement action. Whether or not weapons or evidence are discovered, the officer should always complete the frisk search.

Coast Guard Standard Greeting and Weapons Question

A member of the ship's crew, designated by the Master, should meet the boarding team. Offer the standard greeting to this crew member and again to the Master. The greeting should include at a minimum: 1. Introduction of team; 2. Purpose of the boarding; and 3. Weapons question.

Search Incident to Arrest (SIA)

A search incident to arrest (SIA) is a detailed "crush and feel" search of an arrested individual's person and thorough search of outer clothing. An SIA, while not a strip search, is more intrusive than a frisk search. No suspicion is required for the search itself, although the underlying arrest must be lawful.

Strip Search

A strip search involves the intrusive removal of clothing and may be as extensive as a visual examination of the nude body. As a rule of thumb, if there is a reasonable likelihood that the removal of clothing during a search would be offensive or cause embarrassment to the average person, then it should be considered a strip search. A strip search may be conducted when there is a reasonable suspicion that a weapon, evidence, or means of escape is secreted on a person. The mere arrest of an individual does not necessarily justify a strip search; there must be a reasonable suspicion that the items sought are on the arrestee's person. A strip search will be conducted in a location free from outside observation except for the personnel necessary to conduct the search. Strip searches should be conducted with a witness present. The witness should be of the same sex as the person being searched. If no witness of the same sex as the person to be searched is available, then the witness should remain immediately outside the search location, but within hearing distance to closely monitor the progress of the search. Videotaping of strip searches is not authorized.

Inspection and Testing of Confined or Enclosed Spaces

All spaces classified as confined or enclosed spaces shall be visually inspected and tested by a competent person to determine the atmosphere's oxygen content and other potential hazards prior to initial entry into the space and periodically thereafter. When tests and inspections are performed by a Gas Free Engineer (GFE), Competent Person, Marine Chemist, or Industrial Hygienist, a record shall be posted at the immediate vicinity of the affected area during performance of operations. The record shall indicate the name of person performing test, location of the tested space, date and time of test, operations to be performed, and test results.

Coast Guard Jurisdiction Location - Foreign Territorial Sea and Internal Waters

Any exercise of jurisdiction in or over foreign territorial waters and foreign territory requires the authorization of the coastal State. The vessel's flag State authorization is not required. ("Territorial waters" here means the coastal State's territorial sea recognized by the U.S., archipelagic waters, if any, and internal waters.) See Chapter 7.B.3 of this Manual for Mansfield Amendment restrictions (22 U.S.C. 2291(c)) related to certain drug LE activities.

Coast Guard Jurisdiction Special Circumstances - Right of Visit (ROV)

Article 110 of the 1982 Law of the Sea Convention (LOSC) authorizes ROV boardings. Although the U.S. is not a party to the LOSC, for traditional uses of the sea, including Article 110, the U.S. recognizes the provisions of the LOSC as customary international law. Article 110(1), in relevant part, states: "...a warship which encounters on the high seas a foreign ship...is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under Article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship." For purposes of this guidance, "reasonable ground" means "reasonable suspicion." Article 110(2) states: "In the cases provided for in paragraph 1, the warship may proceed to verify the ship's right to fly its flag. To this end, it may send a boat...to the suspected ship. If suspicion remains after the documents have been checked, it may proceed to a further examination onboard the ship, which must be carried out with all possible consideration." ROV boardings may also be conducted from properly marked vessels on non-commercial government service regardless of whether they are under the command of a commissioned officer.

Coast Guard Pursuit Ashore in the U.S. from the Water

As a matter of Coast Guard policy, Boarding Officers may pursue persons ashore in the U.S. from the water to affect an arrest only when all of the following criteria are met: 1. The Boarding Officer has probable cause to believe that a person is committing or has committed a federal felony rendering that person subject to arrest; 2. The person flees ashore from Coast Guard pursuit; 3. Shoreside LE personnel are not present, or have insufficient capacity to pursue and specifically request Coast Guard assistance; 4. The Boarding Officer is accompanied by another Boarding Officer or boarding team member; and 5. The pursuit ashore of the person fleeing can be started immediately, maintained continuously, and completed promptly. In such situations, if the level of risk is acceptable, Boarding Officers should take all of the following actions: a. Pursue the suspect ashore on foot; b. Immediately notify Operational Control (OPCON) and shore side LE for assistance; and c. If able, detain the person fleeing ashore for shoreside LE authorities, or arrest if appropriate.

Coast Guard Jurisdiction Substantive Law

As the first element of jurisdiction, a substantive domestic, foreign, or international law must apply to the particular enforcement situation. A substantive law is one that prohibits certain action or requires affirmative conduct. Substantive laws most commonly enforced by the Coast Guard are organized by subject in chapters of this Manual covering specific mission areas. These include: a. Drug Enforcement Laws in Chapter 7; b. Immigration Laws in Chapter 8; c. Fisheries Enforcement Laws in Chapter 9; d. Protected Areas and Species Laws in Chapter 10; e. Environmental/Pollution Laws in Chapter 11; f. Ports, Waterways and Coastal Security (PWCS) Laws in Chapter 12; g. Vessel Safety Laws in Chapter 13; and h. General Criminal Laws in Chapter 14.

Coast Guard Jurisdiction Exceptions - Assistance Entry

Assistance entry is the right of non-interference for a vessel (or aircraft in certain circumstances) to enter a foreign territorial sea to conduct a bona fide rescue of those in danger or distress at sea. The location of the distress must be reasonably well known. Foreign flag vessels engaged in assistance entry into the U.S. territorial sea are not normally subject to U.S. jurisdiction.

Pre-Boarding Information & Brief

Before boarding the vessel, the Boarding Officer and Port State Control Officer (PSCO), if assigned, shall review all available information concerning the vessel (e.g., message traffic, Ships Arrival Notice System (SANS), the HIV Matrix, and Marine Information for Safety and Law Enforcement (MISLE) data). The COTP and/or CO should provide the Boarding Officer and PSCO access to available relevant intelligence information (including classified information if the Boarding Officer and PSCO have the required access and need-to-know) concerning the vessel pursuant to the Coast Guard Intelligence Collection, Analysis, Production, and Dissemination (CAP) Manual, COMDTINST 3800.4 (series). The Boarding Officer and PSCO shall evaluate the vessel's safety and security history. The Boarding Officer and PSCO shall conduct a pre-boarding brief with all members of the boarding team to discuss safety and security measures, boarding plan, and communications. At a minimum, the pre-boarding brief should include: a. Location of the boarding, proximity to hazards and vulnerabilities, other expected traffic and vessel activities during the boarding; b. Last five ports of call. c. Next port of call (NPOC). d. History of compliance with security measures. e. Any known or suspected non-conformities or deficiencies in the vessel security plan. f. Reasons the vessel was designated for boarding. g. Relevant intelligence and/or LE information. h. Composition of the crew, including cultural differences germane to assessing the security of the vessel. i. Cargo and known safety hazards related to the cargo or to the operation of the vessel. j. Boarding team composition and assigned responsibilities. k. External and internal team communication plans. l. Emergency extraction and egress procedures. m. Boarding plan, including Basic Initial Safety Sweep (BISS) and border search intentions. n. Confined space entry. o. Discuss safety concerns and risk reduction tactics are as follows: 1. The perceived risk from fires/explosions on large merchant vessels is relatively low compared to expected injuries related to persons overboard, noise, physical hazards exposure, and violence and weapons-related injury. 2. Transfer operations to and from an HIV probably present the greatest risk in most security boarding evolutions. COTPs and Boarding Officers shall therefore identify and consider the use of sheltered anchorages and, when feasible, direct HIVs to those anchorages for boarding to reduce the risk to boarding team members associated with environmental conditions during embarkation. 3. Bulk/break bulk cargo vessels are perceived to have more risk than other vessel types. For example, a bulk freighter that comes into a port unballasted would have substantially more freeboard, adding to the risk for personnel transfer to and from the vessel. Accordingly, COTPs and Boarding Officers shall tailor risk management strategies by considering the vessel types on which they will be used. What may be an acceptable control strategy for a container vessel may be less than adequate for a bulk cargo vessel. 4. Boarding Officers shall enforce the consistent use of personal protective equipment.

Pre-Boarding Crew Muster

Before boarding the vessel, the Boarding Officer should request that the master direct the off-watch crew and any other personnel onboard (e.g., agent, cargo, surveyor, marine chemist, etc.) to muster in a single location. If at all possible, the Boarding Officer will be met by the master as the boarding team comes aboard, or ship's officer as designated by the Master. The Boarding Officer shall consider the intelligence and information regarding the vessel, safe operations of the vessel, and Standards of Training, Certification, and Watchkeeping (STCW) limitations, such as crew rest and watchkeeping, when determining the necessity for and duration of the muster. Except in exigent circumstances, or when the Boarding Officer has an articulable officer safety concern, crew musters are generally not required on Domestic vessels operating on the Western Rivers, high capacity ferries, cruise ships, towing vessels, and barges.

Searches of Vessels - Guiding Principles

Before the boarding team may proceed beyond the ISS and subsequent vessel inspection, the Boarding Officer must have reasonable suspicion that evidence of a crime may be found aboard the vessel. If such reasonable suspicion exists, the Boarding Officer should begin a criminal investigation. The permissible focus and scope of that investigation is determined by two factors: a. Specific factual basis for the suspicion; and b. Intended search location aboard the vessel. Once the Boarding Officer has reasonable suspicion of criminal activity and intends to begin an investigation, the Fourth Amendment, as applied in the maritime context, requires adherence to three general rules: 1. If the suspected evidence is located in an area aboard the vessel to which the Coast Guard has unrestricted access during the course of a properly conducted vessel inspection, such evidence may be sought for in that area without any other criteria being met; 2. If the suspected evidence is located outside the area to which the Coast Guard has unrestricted access during the course of a properly conducted vessel inspection, but within a common area in which no person aboard the vessel has a reasonable expectation of privacy (e.g., cargo hold, engine room, bridge, weather decks, mess deck, supply locker, laundry, most hidden compartments), such evidence may be sought for in that area without any other criteria being met; and 3. If the suspected evidence is located in an area of the vessel in which any person aboard the vessel has a reasonable expectation of privacy (e.g., a stateroom, personal locker, locked tool drawer, vessel safe), such evidence may only be searched for if one or more of the following applies: a. A person who is entitled to control access to the area in question knowingly and voluntarily consents to the search; b. The entire vessel is subject to a customs border search and access to the area in question is reasonable under the circumstances; and/or c. The Boarding Officer has probable cause to believe that evidence of criminal activity will be found in the area to be searched.

Customs Border Search

Border searches, as authorized pursuant to 19 U.S.C. 482 and 19 U.S.C. 1582, among other statutes, are an exception to the Fourth Amendment's warrant and probable cause requirements. As long as certain conditions are met, no suspicion or probable cause that an offense has been committed is required to conduct a border search. Although border searches do not require a warrant or probable cause, they must be reasonable (i.e., requiring the traveler to remove all clothing in public in order to conduct a border search would be unreasonable).

Pre-Boarding Sightings and Boardings

CO/OICs shall ensure all sightings and boardings are entered into the Marine Information for Safety and Law Enforcement (MISLE).

Authority To Arrest and Whether to Arrest

Coast Guard commissioned, warrant, and petty officers are authorized by 14 U.S.C. 89 to arrest when: 1. Probable cause indicates that a federal felony has been committed; and 2. A federal misdemeanor is committed in their presence. The mere fact that there is a lawful basis for an arrest does not mandate that Coast Guard personnel affect an arrest. Arresting an individual may hamper operations in that the arrested individual must be taken ashore to appear before a U.S. Magistrate without undue delay. Moreover, by affecting an arrest pursuant to federal law, speedy trial clock considerations are implicated. This limits the time available to process and fully investigate the case. Further, affecting an arrest in situations involving an unnecessary risk of harm to Coast Guard personnel and/or others may call for postponing an arrest until additional enforcement personnel are available. 1. Other LE action other than arrest may be more appropriate (e.g., detention and transfer to other agency, summons to appear, obtaining a warrant for the subsequent arrest of the individual). 2. If the offense is observed by Coast Guard personnel, but the circumstances preclude affecting an arrest at the time, a warrant may be obtained for the subsequent arrest of the individual(s). Coast Guard personnel desiring to obtain a warrant for subsequent arrest should contact their servicing legal office for guidance. 3. Arrest of the master, operator, and crew/passengers of a vessel need not occur at the time a vessel is seized.

Contraband Detection Activities (CDA)

Contraband detection activities (CDA) are the use of trained and certified canines by trained and qualified handlers, organic, mechanical, or chemical devices that sample or examine the air or physical surfaces to detect the presence of contraband (e.g., cocaine, heroin, marijuana, explosives, weapons). CDA include, but are not limited to, the use of: 1. IONSCAN; 2. Compact Integrated Narcotics Detection Instrument (CINDI); 3. Canine Detection Teams (CDT); 4. Narcotics identification kits (NIK); a. Pouch and vial kits b. Liquid vial test kits c. Aerosol spray test kit 5. Magnetometers.

Coast Guard Jurisdiction Constructive Presence

Customary international law allows a coastal State to exercise jurisdiction over a vessel that is constructively present within its coastal zone of jurisdiction. Specifically, a coastal State may exercise jurisdiction over a foreign flag vessel ("mothership") that remains seaward of the zone of jurisdiction, but acts in concert with another vessel ("contact vessel") or aircraft that violates coastal State laws inside the zone of jurisdiction. In order to exercise jurisdiction over a mothership located seaward of coastal State waters, the contact vessel must be physically present in coastal State waters or be subject to coastal State jurisdiction under the doctrine of hot pursuit. Cases potentially involving the doctrine of constructive presence can be complex and require a CG-DCO SNO (with PD-27) prior to any LE action.

Detention Definition

Detention of a person is the temporary limitation of that person's freedom of movement. To be lawful, a detention must be reasonable in duration, method and location, and must be undertaken by a person with authority to detain. Duration reasonableness depends upon the circumstances. The courts, instead of setting time limits, have focused on the diligence of LE personnel in carrying out their duties during detention. If the length of time of a detention becomes unreasonable, an arrest may be implied. The minimum non-deadly force necessary may be used to detain individuals, consistent with the Coast Guard Use of Force Policy.

Authorization for Destructive Search

For destructive searches aboard vessels subject to U.S. jurisdiction, the boarding team shall obtain concurrence from TACON before proceeding. The authorization to conduct a destructive search aboard a vessel not otherwise subject to U.S. jurisdiction is not implicit in flag or coastal State authorization to board that vessel. Therefore, separate authorization to conduct a destructive search aboard such vessels must be obtained from the flag or coastal State.

Boarding Team Size

For non-Security Boardings and for Security Boardings less than 300 gross tons teams shall be comprised of a minimum of two qualified armed LE personnel, at least one of whom shall be a certified Coast Guard Boarding Officer. For Security Boardings greater than 300 gross tons, teams shall be comprised of a minimum of 6 qualified armed LE personnel, at least one of whom shall be a certified Coast Guard Boarding Officer. The rest of the armed LE team may be from an OGA, per Paragraph B.1.a.4 of this Chapter. Boarding team size beyond this minimum requirement is determined on a case-by-case basis. Factors that should be considered when making these decisions include: 1. Suspicion of criminal activity; 2. Size and condition of the vessel; 3. Number of personnel thought to be onboard; 4. Vessel activity being examined or regulated; 5. Need for interpreters; 6. Recent experience in the operating area; and 7. Mission complexity and risk. For example, larger boarding teams may be necessary for conducing security boardings and implementing positive control measures (PCMs). When an adequate number of qualified boarding personnel are not available to safely conduct a boarding, units shall consider postponing the boarding and either call for additional personnel or escort the vessel to a location where the boarding may proceed safely.

Waterfront Facility

For purposes of exercising and enforcing COTP orders pursuant to 33 CFR Part 6, Boarding Officers should understand the limitations of the term "waterfront facility," which is more limiting than the (section 70101 of title 46) MTSA term "facility." 33 CFR 6.01-4 provides that the term "waterfront facility" means "all piers, wharves, docks, or similar structures to which vessels may be secured and naval yards, stations, and installations, including ranges; areas of land, water, or land and water under and in immediate proximity to them; buildings on them or contiguous to them and equipment and materials on or in them." This definition therefore includes: a. Every form of mooring facility and structure to which a vessel may be secured, including private docks; b. DoD owned or operated naval yards, stations, installations, and ranges even if such facilities do not have structures for securing vessels; c. Areas of land and water under the mooring facility or structure or enumerated naval property; d. Defined parcels of land in direct contact with the mooring facility or structure or enumerated naval property; e. Buildings physically located on the mooring facility or structure or the enumerated naval property; f. Buildings located on defined parcels of land that are in direct contact with the mooring facility or structure or enumerated naval property; and g. Any equipment and materials on or in the places in the bullets above.

Disposition/Removal of Remaining Contraband

For reasons relating to health, safety, and crew workload, transfer of the remaining contraband (not required for evidence) to an appropriate agency (usually ICE or Drug Enforcement Administration (DEA)) is the preferred method of disposition. Units should not destroy drugs at sea without approval from OPCON. Disposal of cocaine at sea is prohibited.

Assistance Authority 14 USC 141

Generally, there are two ways that other agencies may assist with Coast Guard LE operations. First, other agencies may assist the Coast Guard while performing their own missions pursuant to their own organic authority to engage in the activity. Second, the Coast Guard may formally request assistance from other agencies and entities. In addition to requesting and receiving assistance from other agencies and entities, the Coast Guard may also provide assistance to other agencies.

Coast Guard Jurisdiction Exceptions - Hot Pursuit

Hot pursuit 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. Hot pursuit may be initiated in any coastal zone of jurisdiction, but only for violation of laws that apply in that zone. The right of hot pursuit may only be exercised by warships, military aircraft, or other clearly marked vessels or aircraft in government service. In order to preserve jurisdiction, the LE vessel or aircraft must give a visual or auditory signal (under international law, radio communication alone does not fulfill this prerequisite) to the suspect vessel to heave to while within the relevant coastal zone of jurisdiction, and the suspect vessel must fail to heave to, and be continuously pursued. If the pursuit is not continuous (visual or radar), or if the pursued vessel enters foreign territorial waters, the pursuit must cease. To clarify, hot pursuit of a foreign flag vessel or aircraft can proceed seaward from the coastal State's: 1. Territorial sea for virtually any violation of coastal State laws; 2. Contiguous zone for violations of fiscal, immigration, sanitary, or customs laws; and 3. EEZ or waters over the continental shelf for relevant resource (e.g., fisheries) violations.

Evidence of Criminal Activity

If, during the course of a vessel inspection, evidence of criminal activity is encountered (e.g., contraband is discovered on the chart table while checking required publications on the bridge), a criminal investigation should commence. The evidence encountered during the vessel inspection may be admissible in a criminal proceeding under the "plain view" doctrine, as well as any additional evidence discovered during a proper criminal investigation. In such cases, the vessel inspection should still be completed either before commencing or after concluding the criminal investigation.

Law Enforcement Intelligence Database Check

In addition to a pre-boarding LE intelligence database check on the vessel and master, units should consider conducting an LE intelligence database check on other person(s) onboard the vessel. The minimum information needed to conduct an LE intelligence database check is the individual's name, nationality, and date of birth.

33 CFR Part 6

In addition to the authority provided in 14 U.S.C. 141 and in the context of domestic port security, 33 CFR 6.04-11 permits Coast Guard COTPs to enlist the aid and cooperation of federal, state, county, municipal, and private agencies to assist in the enforcement of regulations issued pursuant to 33 CFR Part 6, which primarily involve enforcement of security zones. 1. To "enlist the aid and cooperation" of another entity means to secure the support and aid of that entity or to employ it in advancing or achieving an operational requirement or mission. The COTP may not, however, require or compel another agency or private entity to assist in the enforcement of Part 6 regulations. 2. This regulation does not provide authority to request private entity assistance with any other Coast Guard activities, including enforcement of security zones and limited access areas promulgated pursuant to other federal laws and regulations. 3. As the regulations in 33 CFR Part 6 note, private entities have primary responsibility for the protection and security of their facilities. This is not a grant of authority to those private entities, but recognition of their responsibility and inherent authority to secure and protect their own property. The scope of this inherent authority, which is a matter of state law, will determine the scope of assistance that the private entity may provide to the Coast Guard. State law may also provide private security guards and others with special status that confers upon them some form of LE power. Operational Commanders shall consult their servicing legal office if the assistance of private entities is desired for LE operations. Although COTPs can not directly compel another agency or private entity to assist in the enforcement of Part 6 regulations, such a commitment by the agency or private entity can be a prerequisite to a decision for the COTP to establish an appropriate limited access area.

Bilateral/Multilateral Law Enforcement Agreements g. Boarding Policy

In cases where the vessel's flag State is party to a bilateral/multilateral agreement that includes a ship boarding provision and there exists reasonable grounds to suspect that the vessel is engaged in illicit maritime activity, boardings shall be conducted under the auspices of that agreement and a consensual boarding of the vessel is not authorized.

Coast Guard Jurisdiction Vessels without Nationality

In general, vessels (or aircraft) without nationality, and those assimilated as such, are subject to the jurisdiction of any nation. However, the location of the vessel may impose restrictions and/or limitations on U.S. jurisdiction (see Section B.3 of this Chapter). Vessels without nationality are not encountered frequently. More common is one that has been assimilated to a vessel without nationality. A vessel assimilated to one without nationality is treated as if it had no nationality because of a false or conflicting claim of nationality. International law provides that a ship, save in exceptional cases provided for in international treaties (e.g., a fishing vessel flying a courtesy flag in addition to or instead of its State flag while in another country's Exclusive Economic Zone (EEZ)), can only sail under the flag of one State. A vessel that sails under the flag of two or more States cannot claim the protection of any of those States, and may be assimilated to a vessel without nationality. Under international law, a valid claim of nationality may be evidenced only by: 1. Production of documents evidencing the vessel's nationality; 2. Flying its flag State's ensign/flag; or 3. A verbal claim of nationality or registry by the master or person in charge (PIC) of the vessel. Whether a vessel is to be treated as one without nationality is an issue that is resolved through the Statement of No Objection (SNO)/PD-27 process, not by a unit involved in an LE case. See Appendix D of this Manual.

Consensual Boarding

In the absence of reasonable suspicion of illicit maritime activity, units may conduct a consensual boarding of the vessel even though the vessel's flag State is party to a bilateral/multilateral agreement. Units desiring to conduct such boardings shall consult TACON before seeking consent to board, as discussed in Chapter 2.C.2 of this Manual. In those instances, if reasonable grounds to suspect the vessel is engaged in illicit maritime activity is developed during a consensual boarding, the pertinent agreement shall be invoked and the boarding shall proceed on that basis.

Coast Guard Jurisdiction Flag State Authorization

In the exercise of its exclusive jurisdiction, the flag State may authorize LE actions by any other nation over vessels flying its flag in international waters or its own territorial waters. The flag State may choose to allow the boarding State to assist in the enforcement of flag State law or to enforce the boarding State's law. As a matter of policy, when assisting in the enforcement of the flag State's law, Coast Guard personnel shall not take LE action beyond detaining the vessel and persons onboard on behalf of the flag State. Such detention may include escorting the vessel to a convenient port for turnover to flag State authorities. When acting pursuant to flag State authorization, the boarding State may not exceed the terms of the authorization. Such authorization may be contained in a pre-existing written agreement or may be provided on an ad hoc basis. Any contemplated LE action involving ad hoc flag State authorization requires a CG-DCO SNO (with MOTR). A Commandant SNO is not required when operating within the guidelines of specific bilateral agreements.

Coast Guard Jurisdiction Exceptions - Innocent Passage

Innocent passage is the right of non-interference for a vessel transiting inbound, outbound, or through a foreign territorial sea. Aircraft have no right of innocent passage. For a vessel to enjoy this right, it must be engaged in "passage" that is "innocent." "Passage" means a continuous and rapid traversing of the territorial sea, but may include anchoring in the course of ordinary navigation. Passage is "innocent" so long as it is not prejudicial to the peace, good order, or security of the coastal State.

Coast Guard Jurisdiction Exceptions - Contiguous Zone

International law allows for the establishment of a contiguous zone, adjacent to the territorial sea and extending 24 NM from the baseline, in which a coastal State may exercise the control necessary to prevent and punish infringements of its fiscal, immigration, sanitary, and customs laws.

Coast Guard Jurisdiction Exceptions - Exclusive Economic Zone (EEZ)

International law allows for the establishment of an EEZ, adjacent to the territorial sea and extending 200 nautical miles (NM) from the baseline, in which a coastal State may exercise the control necessary to protect natural resources. As such, the U.S. may exercise jurisdiction over foreign flag vessels for the purpose of management and conservation of the natural resources of the waters, seabed, and subsoil of the zone.

Coast Guard Jurisdiction

Jurisdiction is a government's power to exercise legal authority over its persons, vessels, and territory. Within the context of MLE, jurisdiction is comprised of three elements: 1. Substantive law; 2. Vessel status/flag; and 3. Location. With the exception of those special circumstances described in Section C of this chapter (i.e., ROV, consensual boardings, rendering assistance), the Coast Guard must have jurisdiction with respect to all three elements before taking LE action.

Boarding Reports/Case Package

MISLE - All units shall document Security Boardings in MISLE, using current guidance, within 12 hours of the completion of the boarding. Violations of security zones or restricted waterfront areas (RWAs) shall include the name and registration of the boat, the name of the boat's owner, the name of the boat's operator, and the name of any passengers. FIR - If a security boarding yields significant results, the boarding unit will submit a FIR within four hours of the completion of the boarding. Violations of security zones or restricted waterfront areas (RWAs) will submit a FIR within four hours of the violation. Details will include the security zone violated, nature of the violation, description of subject vessels action, CG or OGA actions taken, name and registration of the boat, the name of the boat's owner, the name of the boat's operator, and the name of any passengers. Unit/District Command Instructions - boarding teams will report results of all security boardings in accordance with guidance provided by the District Commander. LE SITREP - If required (See Appendix E of the MLEM) Case Package - If required (See Appendix G of the MLEM)

Maritime Law Enforcement

MLE is any armed intervention by uniformed Coast Guard personnel, including aboard vessels and at facilities ashore, to detect and/or suppress any violation of applicable law. 14 USC 89(a) is the principal source of Coast Guard MLE authority. S - Search E - Examine A - Arrest S - Seize I - Inspect I - Inquire

Coast Guard Maritime Law Enforcement and Boarding Defined

Maritime Law Enforcement (MLE) is any armed maritime intervention by uniformed Coast Guard personnel, including aboard vessels and at facilities ashore, to prevent, detect and/or suppress applicable violations of the law. An armed MLE intervention commences upon first engagement with a vessel or subject, including communication, when the actions are undertaken pursuant to CG law enforcement authority. A boarding is an armed intervention aboard a vessel to prevent, detect and/or suppress violations of the law. No Coast Guard operations or activities that are conducted unarmed shall be referred to in any way as a "boarding."

Media Personnel and Observers on Boardings

Media personnel and other observers may accompany Coast Guard boarding teams under the following conditions: a. District Commander has approved the request to accompany the boarding team; b. The media or other observers have obtained the owner/operator's permission to be present before boarding the vessel; and c. No media or other observer shall embark the boarded vessel until the boarding team has completed the BISS and the Boarding Officer has authorized embarkation.

Minimally Intrusive Search

Modification to property including, without limitation, search activity such as drilling holes or cutting patches in vessel surfaces for the purposes of investigating void spaces when such modifications can be repaired upon the completion of a boarding is considered to be a minimally intrusive search. Except when a search of the space being accessed otherwise requires probable cause, minimally intrusive searches require reasonable suspicion that evidence of a crime may be discovered in the area to be searched. Minimally intrusive searches do not require separate authorization, beyond authorization to board and search, from the flag State.

Coast Guard Jurisdiction Exclusive Flag State Jurisdiction

One of the fundamental concepts of customary international law is the principle of exclusive flag State jurisdiction. This principle means that a vessel exercising freedom of navigation (FON) in international waters is subject only to the jurisdiction of the flag State. Such vessels are not subject to boarding, search, seizure or arrest by any nation other than their flag State, unless one of its jurisdictional exceptions applies (see Section B.4 of this Chapter). In general, U.S. vessels and aircraft are always subject to U.S. jurisdiction. However, the location of the vessel may impose restrictions and/or limitations on assertion of it (see Section B.3 of this Chapter).

Coast Guard Jurisdiction Exceptions - Non-Innocent Passage

Passage shall be considered non-innocent if it involves any of the following activities: a. Any threat or use of force against the sovereignty, territorial integrity, or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the U.N.; b. Any exercise or practice with weapons of any kind; c. Any act aimed at collecting information to the prejudice of the defense or security of the coastal State; d. Any act of propaganda aimed at affecting the defense or security of the coastal State; e. The launching, landing, or taking onboard of any aircraft; f. The launching, landing, or taking onboard of any military device; g. The loading or unloading of any commodity, currency, or person contrary to the fiscal, immigration, sanitary, or customs laws and regulations of the coastal State; h. Any act of willful and serious pollution contrary to the 1982 Law of the Sea Convention (LOSC); I. Any fishing activities; j. The carrying out of research or survey activities; k. Any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State; and l. Any other activity not having a direct bearing on passage.

Characteristics of Confined or Enclosed Spaces

Personnel must be able to recognize, evaluate, and control or reduce the hazards associated with the activities being conducted. Appropriate safety precautions shall be taken. LE personnel must remain particularly vigilant with respect to the risks of entry into confined and enclosed spaces. A confined space has the following characteristics: a. It is large enough to allow a person to enter and perform work; b. It has limited or restricted means for entry or exit; and c. It is not designed for continuous human occupancy. Also, confined or enclosed spaces may have one or more of the following characteristics: a. Contains or has the potential to contain a hazardous atmosphere; b. Contains a material that has the potential for engulfing an entrant; c. Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor that slopes downward and tapers to a smaller cross section; and d. Contains any other recognized serious safety or health hazard.

Searches of Persons Detained Onboard Coast Guard Units

Persons detained, but not under arrest, aboard Coast Guard units and units under Coast Guard TACON (e.g., migrants being held for transport) may be searched to find weapons and/or means of escape to ensure unit security. This search may extend to personal items or belongings brought aboard the unit by a detainee that will remain within the individual's "grab area." 1. No suspicion is required to conduct this search. It should be conducted either before the person is placed aboard the Coast Guard unit, or as soon as possible after the person has been placed aboard the Coast Guard unit. This search may be repeated when the detainee is transferred to another LE unit.

Boarding Prior to Disembarkation

Prior to disembarking vessel, the Boarding Officer shall: a. Meet with boarding team to share observations. b. Gather boarding materials: the contents of the boarding kit, personal gear such as PFDs and ball caps, access tools, search implements, flashlights, sounding tapes, and inspection mirrors. c. Return all property to the Master and crew that were held during the inspection or for safety reasons, the vessel's paperwork, passports, identification and weapons. d. If applicable, notify COTP of boarding results and provide supporting recommendation for vessel entry.

Customs Authority

Pursuant to 14 U.S.C. 143 and 19 U.S.C. 1401, Coast Guard petty officers, warrant officers, and commissioned officers are also customs officers. In 19 U.S.C. 1589a, Congress granted customs officers general LE authority, including authority to: a. Carry a firearm, b. Execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States c. Make an arrest without a warrant for any offense against the United States committed in the officer's presence or for a felony, cognizable under the laws of the United States, and committed outside the officer's presence if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony d. Perform any other LE duty that the Secretary of the Department of Homeland Security (DHS) may designate

Coast Guard Law Enforcement Authority/Firearms Carriage Ashore

Pursuant to 14 U.S.C. 99, currently qualified and certified boarding team members and Boarding Officers may carry firearms ashore in the performance of official duties. Official duties involving weapons carriage include, but are not limited to, the following: 1. Force protection and security on Coast Guard owned or leased property; 2. Operations to deter or respond to acts of terrorism or transportation security incidents; 3. PWCS functions; and 4. Federal drug and migrant LE on waters subject to the jurisdiction of the United States and facilities, which has a reasonable nexus to the security of U.S. ports and waterways. The carriage provision extends to transit situations (e.g., weapons carriage to and from facilities, to and from stations to boat ramps, and during the course of ordnance transfers). The authority to carry a weapon does not necessarily include authority to affect seizures with the weapon. Thus, to the extent a Coast Guard member uses the weapon ashore beyond the confines of a facility, including in transit, the member may have to rely on other authority to support any arrest, seizure, or use of force. Such authority might include status of the following: 1. Officer of the Customs; 2. State peace officer; 3. Citizen's arrest authority under the appropriate state law; and 4. The inherent common law right of self-defense.

Questioning Individuals During a Boarding

Questioning individuals during a typical boarding conducted in accordance with the policies and procedures outlined in this chapter does not constitute a custodial situation. Boarding Officers and boarding team members are therefore encouraged to develop information gained through tactical questioning of individuals during a boarding. Tactical questioning involves a coordinated effort by the boarding team to establish rapport with persons on board the vessel, and encourage those persons to actively and voluntarily report information, rather than passively respond to the interviewer's questions. Boarding Officers may be directed to interview maritime personnel in order to obtain specific information, such as security in previous ports, etc. Below are examples of the type of tactical questions which Boarding Officers and team members may want to ask. Note the open-ended question allows for an unlimited, narrative response from the subject, and boarding officers and team members should consider asking follow-up questions to draw out additional information related to the subject's narration. 1. Vessel operation and crew: a. What is your job onboard? b. How long have you been onboard? c. Where is your berthing area onboard? d. What other vessels have you been on? e. What person/company hired you onto this ship? Where are they located? f. Are you happy with your pay? Who pays you? g. Who owns the vessel? Have you ever met them? Do you know their names? h. Do you know the other crew members? What are their names? What are their nicknames? I. What are other crew members' jobs onboard? j. Who has the best job onboard? Who has the worst? Who is the hardest worker? Who works the least? k. What are the other crew members' relationships with the master? l. Did any crew members come aboard recently? m. Any recent repairs to this vessel? 2. Cargo or fishing catch: a. What kind of cargo is the vessel carrying? Where was the cargo loaded? b. In addition to the crew, who was onboard when the cargo was loaded? c. How much fish is onboard? d. How long have you been out fishing this trip? e. What are you fishing for? Where do you usually fish? How do you fish with the equipment onboard? At what depth do you set nets, lines, pots? f. What do you usually fish for? What kind of bait do you use for that fish? g. What other fishing vessels have you worked aboard? h. How much fish do you need to catch before you can return home? I. Where do you load supplies? How much fuel do you load? Into what tanks? 3. Characteristics of Voyage: a. What was your last port of call? When was that? b. Have you seen any other vessels out here since leaving port? What type of vessels? When did you see other vessels? Have you met up with any vessels after leaving port? c. What direction did you head after leaving port? What speed was your vessel making? d. Did you wait offshore? e. Do you talk to the owner when you are underway? How do you talk to the owner? Have you talked to the owner this voyage? Where is the equipment you talk to the owner with? f. What is your next port of call? When are you arriving? Where are you going after that?

Arrest - Rights Advice

Rights advice need not be given to a suspect in custody if the suspect is not subjected to interrogation. Interrogation includes any questions, statements or actions reasonably likely to elicit an incriminating response, including words or actions reasonably likely to elicit an incriminating response from the suspect. Rights advice should be given if the Coast Guard or other U.S. law enforcement personnel questions a suspect (any individual, irrespective of status or citizenship) in Coast Guard custody either directly or indirectly about any illegal activity. Failure to provide rights advice to a suspect during custodial interrogation may adversely affect subsequent admissibility in court of the suspect's statements and potentially other evidence. If a suspect in custody, without being questioned, spontaneously makes an incriminating statement, then rights advice is not required and that statement may be introduced against the suspect in court despite the absence of rights advice.

Arrest - Rights Advice - Determining Custodial Situations

Rights advice should be given before interrogating suspects if they are in a custodial situation. A typical vessel inspection conducted in accordance with the policies and procedures outlined in this chapter is not a custodial situation, nor would the questions put by boarding team members to the operator/crew members pursuant to Paragraph D.1.e of this Chapter be considered an interrogation. Whether a situation is custodial depends on whether a reasonable innocent person in the suspect's position would feel a restraint on his or her freedom of movement to such an extent that it approaches a formal arrest. The standard is objective. The subjective beliefs of the suspect and the intervening law enforcement officer are not relevant to the legal analysis. Whether a person's belief is reasonable depends on the totally of the circumstances. Example of significant factors in this analysis include whether officers brandish weapons, the degree and reasons for any physical restraint, and the use of language and/or a tone that indicates that compliance will be compelled. Physical restraint, in and of itself, is not the determining factor. For example, courts have held, in some cases, that persons who were handcuffed were not in a custodial situation based upon the totality of circumstances when officers used physical restraint for officer safety. If no rights advice has been given, custodial interrogation should not be conducted except when an imminent threat to public safety is involved (e.g., questioning necessary to locate a known weapon).

Post-Arrest Searches

Searches following arrest of an individual are used to find weapons, evidence, and means of escape. A post-arrest inventory is conducted to account for property seized from a person or vessel. 1. Search Incident to Arrest (SIA) 2. Strip Search 3. Body Cavity Search

Bilateral/Multilateral Law Enforcement Agreements b. Shiprider

Shiprider arrangements provide standing authority or procedures to embark foreign LE personnel on Coast Guard cutters, and sometimes aboard U.S. or foreign naval vessels with embarked LEDET/MLE-FP Teams. Shipriders are normally empowered to authorize the LE vessel in which they are embarked to board vessels registered in the same State as the shiprider, to take LE action within that State's waters, or to otherwise request and receive U.S. assistance in the exercise of their authority. Shipriders usually lead all law enforcement activities in waters and aboard vessels subject to their jurisdiction. Other considerations for the embarkation of shipriders include: 1. Shipriders must be specifically assigned either under an existing bilateral agreement as approved by competent authorities or through an ad hoc arrangement subject to a CGDCO SNO; 2. All embarkations must be coordinated with and approved by the District, which assumes TACON of the asset for boardings; and 3. All shipriders must be vetted through CG-DCO-I and Commandant (CG-2-CI) 30 days prior to the desired embarkation date. Shipriders from States with which the U.S. has a bilateral agreement are normally empowered to authorize actions consistent with the bilateral agreement. If there is any question about the Shiprider's authority, TACON of the unit embarking the Shiprider shall contact Commandant (CG-MLE).

Boarding Disembarkation

Similar to other law enforcement boardings, the Boarding Officers shall at a minimum: a. Communicate disembarkation plan to Master. Coordinate with Master to determine the safest course, speed, and side of vessel to disembark, then relay this information to Coxswain of vessel retrieving the boarding team; b. Provide instructions to Master for non-essential crew members to remain in a central location away from boarding team while they depart; c. Thank the Master for his or her cooperation; d. Reevaluate risk assessment; and e. Disembark vessel in the same manner as a team would disembark during a general LE boarding.

Basic Initial Safety Sweep (BISS)

The Basic Initial Safety Sweep (BISS) is a quick and limited protective inspection of a vessel for boarding team safety. Since the BISS is conducted only for protective purposes and not to gather evidence, it is not based on either probable cause or reasonable suspicion. It is conducted upon initial boarding and is limited to identifying potential safety hazards and ensuring the vessel's seaworthiness. The scope of the BISS is determined by the circumstances of the boarding, particularly the size, type, and condition of the vessel; the demeanor of the crew (knowledge, skill level and experience); and information available to the boarding team about potential threats or hazards aboard the vessel. 1. A BISS shall be conducted as part of every boarding. 2. Since evidence gathering is not a purpose of the BISS, boarding team members conducting a BISS will not ordinarily enter private areas of vessels (e.g., staterooms on large vessels) where hazards would not likely exist. Boarding team members conducting a BISS should not simultaneously conduct evidence gathering or other activities (e.g., vessel inspection items, contraband detection activities) inconsistent with identifying safety hazards and ensuring the vessel's seaworthiness.

Coast Guard and Maritime Transportation Act of 2004

The Coast Guard and Maritime Transportation Act of 2004 establishes the Coast Guard's authority to carry a firearm in the performance of official duties and, while at a facility, make an arrest without a warrant for any offense against the United States committed in their presence and/or seize property as otherwise provided by law.

Bilateral/Multilateral Law Enforcement Agreements

The Coast Guard presently has dozens of bilateral agreements with foreign partners relating to a range of MLE activities including CD operations, AMIO, and fisheries enforcement. Frequent U.S. Government success in exercising these agreements has led to enhanced global governance. Although individual agreements are specifically tailored for each country, each generally contains all or some of the seven basic provisions. Some of the agreements are reciprocal, while others refer only to U.S. action in foreign waters or aboard foreign flag vessels. The seven basic provisions contained in these agreements are: a. Ship Boarding; b. Shiprider; c. Pursuit and Entry to Investigate; d. Overflight; e. Order to Land; f. International Maritime Interdiction Support (IMIS); and g. Boarding Policy.

Extended Initial Safety Sweep (EISS)

The Extended Initial Safety Sweep (EISS) is still part of the protective sweep of a vessel for the safety of the boarding team, but is more focused. An EISS may be conducted only when reasonable suspicion exists that there is a particular hazard that may threaten the boarding team. The scope and conduct of the EISS is guided by the suspected hazard. In deciding whether to conduct an EISS, Boarding Officers must consider all available information in light of their training and experience, and must have a reasonable suspicion that something is wrong before proceeding. Once the targeted person, item, or condition has been located, or the basis for the suspicion is otherwise addressed, the justification for continuing the EISS may cease in the absence of other suspected hazards. Boarding team members conducting an EISS should not simultaneously conduct evidence gathering or other activities (e.g., vessel inspection items, contraband detection activities) inconsistent with the purpose of the EISS. Before searching any confined or isolated space, a GFE, Marine Chemist, or Competent Person must certify the space as safe for entry. Situations that may lead to the decision to conduct an EISS include the following: 1. Unaccounted for Person 2. Known Weapons

Homeland Security Act

The Homeland Security Act established the homeland security missions of the Coast Guard: Ports, Waterways and Coastal Security (PWCS), drug interdiction, migrant interdiction, defense readiness, and other LE missions.

Initial Safety Sweep (ISS)

The Initial Safety Sweep (ISS) is conducted to identify any safety hazards that may exist and ensure the seaworthiness of the vessel being boarded. There are two levels of the ISS: (1) basic and (2) extended.

The Magnuson Act and 33 CFR Part 6, cont. (Institution of Rules and Regulations)

The Magnuson Act authorized the President to institute such measures and issue such rules and regulations to safeguard against destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of similar nature, vessels, harbors, ports, and waterfront facilities in the United States and all territory and water, continental or insular, subject to the jurisdiction of the United States. In order to institute measures and issue rules and regulations, Congress required the President to make a finding "that the security of the United States is endangered by reason of actual or threatened war, insurrection, invasion, subversive activity, disturbance or threatened disturbance of the international relations of the United States." In 1950, President Truman made such a finding, and prescribed regulations at 33 CFR Part 6 to "safeguard vessels, harbors, ports, and waterfront facilities." The President updated the finding in Executive Order 13273 following the terrorist attacks of September 11, 2001.

The Maritime Transportation Security Act

The Maritime Transportation Security Act (MTSA) gives primary authority for Maritime Security (MARSEC) levels, port facilities, vessel reporting requirements, and enforcement security penalties. These regulations are found in 33 CFR Subchapter H, and for the purpose of this Manual, please refer as necessary to the following CFR parts for more information: Part 101 - Maritime Security: General, Part 104 - Maritime Security: Vessels, and Part 105 - Maritime Security: Facilities.

Coast Guard Bilateral/Multilateral Law Enforcement Agreements

The U.S. has entered into a number of bilateral or multilateral agreements with other nations that provide a framework for cooperation and enforcement of maritime law. These agreements may include provisions for such things as: a. Information exchange; b. Expanded jurisdiction; c. Repatriation of migrants; and d. Advance authorizations or expedited procedures to obtain authorization for defined actions.

Coast Guard Jurisdiction Exceptions - Foreign Flag Vessels

The U.S. may not exercise jurisdiction over foreign flag vessels engaged in innocent passage. However, foreign flag vessels calling at a U.S. port are subject to U.S. conditions for port entry. Foreign flag vessels engaged in innocent passage but not calling at a U.S. port may be boarded if suspected of engaging in activities inconsistent with innocent passage. If there is good reason to believe the vessel is either not engaged in passage or that its passage is not innocent, such vessel is subject to U.S. jurisdiction. Boarding or taking any other LE action against foreign flag vessels claiming to be in innocent passage requires a CG-DCO SNO.

PWCS Authority Protection and Security of Vessels, Harbors, and Waterfront Facilities Authority

The authority for protection and security of vessels, harbors, and waterfront facilities includes the following: a. The Maritime Transportation Security Act, b. The Magnuson Act and 33 Code of Federal Regulations (CFR) Part 6 c. The Ports and Waterways Safety Act (PWSA) d. The Homeland Security Act e. The Coast Guard and Maritime Transportation Act of 2004

Elements of Customs Border Search

The border exception exists only when: a. A Customs Officer; b. Is searching for merchandise; c. At the border, the Functional Equivalent of the Border (FEB), or the extended border.

The Magnuson Act and 33 CFR Part 6, cont. (Enforcement Authority)

The enforcement authority granted to COTPs under 33 CFR Part 6 includes, but is not limited to, the authority to establish security zones, issue orders, inspect and search any vessel, waterfront facility, security zone, or person, article or thing thereon or therein, place guards, and remove unauthorized persons, articles, and things there from if the COTP deems such action necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States or to secure the observance of the rights and obligations of the United States.

Arrest - Appearance Before Federal Magistrate

The following procedures apply after an arrest has taken place: 1. The unit shall immediately notify the appropriate SJA, which will arrange for the arresting officer and arrestee(s) to appear before a U.S. Magistrate without delay. If a U.S. Magistrate is unavailable, it may be necessary to make arrangements to have the arrested person placed in jail as a "federal holdover" prisoner. District Commanders shall maintain a current list of local Assistant U.S. Attorneys and Magistrates as well as any specific appearance requirements; 2. Keep the immediate superior in command informed of any events of interest, such as disposition of arrested persons, the vessel, equipment, etc.; 3. Undue delays in transporting an individual arrested at sea to a U.S. port for an appearance before a U.S. Magistrate are not acceptable. However, reasonable delays such as responding to other LE or SAR cases while returning to port with the arrestees are generally acceptable; and 4. In some situations, foreign individuals found aboard foreign vessels have been arrested pursuant to U.S. law, then released and returned to the flag State for prosecution (this occurs when the flag State originally indicated that the vessel was without nationality, but subsequently confirmed registry and demanded flag State prosecution). Where this situation has not been resolved before 48 hours after arrival in a U.S. port, the arrested individual should be taken before a U.S. Magistrate. This presents no difficulty in subsequently relinquishing custody to the flag State.

Coast Guard Jurisdiction Location - International Waters

The following vessels are subject to U.S. jurisdiction when in international waters: 1. U.S. vessels; 2. Vessels without nationality and those assimilated as such; 3. Foreign flag vessels, when one of the jurisdictional exceptions listed below apply. These jurisdictional exceptions are described in detail in Section B.4 of this Chapter. Nothing in this section shall be construed to prevent the Coast Guard from boarding foreign flag vessels under special circumstances associated with ROV, master's consent, or rendering assistance to persons/property (see Section C of this Chapter): a. Enforcement of natural resources laws in the EEZ; b. Exercise control necessary to prevent violation of fiscal, immigration, sanitary, and customs laws and regulations in the U.S. contiguous zone; c. Flag State authorization; d. Hot pursuit; e. Constructive presence; and f. Enforcement activity to combat certain universal crimes.

Coast Guard Jurisdiction Location - Internal Waters

The following vessels are subject to U.S. jurisdiction when located in U.S. internal waters: 1. U.S. vessels; 2. Vessels without nationality and those assimilated as such; and 3. Foreign flag vessels, except when any of the jurisdictional exceptions listed below apply. These jurisdictional exceptions are described in detail in Section B.4 of this Chapter: a. Force majeure; and b. Peace of the port doctrine.

Coast Guard Jurisdiction Location - Territorial Sea

The following vessels are subject to U.S. jurisdiction when located in the U.S. territorial sea: 1. U.S. vessels; 2. Vessels without nationality and those assimilated as such; and 3. Foreign flag vessels, except when any of the jurisdictional exceptions listed below apply. These jurisdictional exceptions are described in detail in Section B.4 of this Chapter. a. Force majeure; b. Transit passage; c. Peace of the port doctrine; d. Innocent passage; and e. Assistance entry.

Fundamental Reasons for Boardings

The fundamental reasons for conducting MLE boardings are: a. To enforce all U.S. law that applies in the maritime realm, particularly relating to marine safety, maritime security, drugs, customs, living marine resources, and immigration; b. To deter illegal activity in the maritime domain and detect such activity that nevertheless occurs; and c. To educate mariners on the proper and safe practices associated with operating vessels.

The Magnuson Act and 33 CFR Part 6

The primary authority for issuing Captain of the Port (COTP) orders regarding vessel and facility security is the Magnuson Act, 50 U.S.C. 191, paragraph 2, and its implementing regulations, 33 CFR Part 6. Located in the "War and National Defense" Title U.S.C., the Magnuson Act is an exercise of Congress' power to provide for national defense and the complementary power "[t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." The Magnuson Act is concerned with national security and reflects a congressional policy to safeguard vessels, harbors, ports, and waterfront facilities from sabotage or other subversive acts.

Coast Guard Jurisdiction Exceptions - Force Majeure

The principle of force majeure means that 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. A coastal State may, however, verify a claim of force majeure by boarding the vessel. As such, a foreign flag vessel claiming force majeure may enter U.S. territorial sea or internal waters without becoming subject to U.S. jurisdiction. However, the vessel remains subject to the direction of the COTP to protect port safety and may, under exceptional circumstances involving significant threats to the U.S. (e.g., serious pollution), be subject to U.S. jurisdiction or entry controls.

Bilateral/Multilateral Law Enforcement Agreements f. International Maritime Interdiction Support

The provisions of the International Maritime Interdiction Support (IMIS) may include: 1. Transfer of third party national detainees and a representative sample of contraband to an awaiting U.S. aircraft in the coastal State's territory for further transfer to the U.S.; 2. Expedited access to a dockside facility for LE activities including destructive searches of suspect vessels; 3. Expedited access to an expeditionary logistics capability facilitating fueling/provisioning of vessels and expedited fly-in/fly-out procedures for transfer of personnel and equipment; 4. Expedited procedures for hiring of contractors, security, stevedores, crane, and lightering services as necessary, for offloading cargo, fuel, liquids, and water to support completion of the dockside boarding of suspect vessels; 5. A framework pertaining to disposition of seized assets, including storage of vessels in the coastal State, transfer of forfeited assets or equitable sharing of proceeds of their sale as a consequence of any operations undertaken pursuant to the agreement; and 6. The parties of the agreement and the flag nation of the suspect vessel (if different) will decide jurisdiction over suspect vessels on a case-by-case basis before entry into any territorial sea.

Statuory Basis 14 USC 2

The specific statutory basis for the Coast Guard's law enforcement mission. "The Coast Guard shall enforce or assist in the enforcement of all applicable federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States."

Team/Command Debrief

This debrief at a minimum should include the entire boarding team and the boat crew. The topics should include: a. Strengths and weaknesses of the original plan; b. Boarding procedures performed and results obtained; c. Safety; d. Training needs; and e. Personal impressions about the vessel boarded and any late-blooming suspicions if illegal activity

Bilateral/Multilateral Law Enforcement Agreements c. Pursuit and Entry to Investigate

This provision authorizes U.S. LE vessels (including embarked aircraft), under very limited circumstances, to enter coastal State waters or airspace to take appropriate action against suspect vessels and aircraft. These provisions do not permit routine or random patrolling in coastal State waters or airspace. Rather, they permit entry, and boarding and search of suspect vessels in two specific situations as authorized by the coastal State under the terms of the agreement: 1. To pursue suspect vessels or aircraft fleeing from international waters or airspace into coastal State waters or airspace when no coastal State asset or other unit with an embarked shiprider is available to respond immediately; and 2. To investigate suspect vessels or aircraft, located within the coastal State's waters or airspace when no coastal State asset or other unit with an embarked shiprider is available to respond immediately.

Bilateral/Multilateral Law Enforcement Agreements d. Overflight

This provision permits U.S. LE aircraft to enter coastal State airspace, with appropriate notice to coastal State authorities, while conducting, or in support of, operations to suppress illicit drug traffic. Units shall follow required coastal State aviation safety procedures at all times.

Bilateral/Multilateral Law Enforcement Agreements e. Order to Land

This provision provides standing authority and procedures for U.S. LE assets to relay an order to land from the host nation to a suspect aircraft. Use of force by U.S. aircraft is not authorized to enforce such an order.

Bilateral/Multilateral Law Enforcement Agreements a. Ship Boarding

This provision provides standing authority or procedures for the Coast Guard to stop, board, and search (but not to perform a destructive search) vessels registered in that flag State which are reasonably suspected of illicit maritime activity (as defined in the applicable bilateral or multilateral agreement or procedures) and located seaward of any nation's territorial sea. If evidence of illicit activity is found during such a search, the U.S. LE asset will detain the vessel, cargo, and crew, pending expeditious instructions from the flag State. Separate authorization to conduct a destructive search must be obtained from the flag State. Minimally intrusive searches do not require separate authorization from the flag state. Unless the agreement provides otherwise, the use of force up to and including warning shots and disabling fire to compel compliance with an order to stop is implied in the authorization to stop and board the vessel.

Coast Guard A&J Special Circumstances

This section describes those instances where international law provides the Coast Guard with a basis for taking limited action without respect to authority or jurisdiction. The following three principles of customary international law provide the Coast Guard with a basis for taking limited action without obtaining flag State authorization: 1. Right of visit (ROV); 2. Master's consent; and 3. Rendering assistance. Once onboard a vessel pursuant to these principles, limitations apply to the scope of allowable Coast Guard activity. Authority and jurisdiction are required for LE action (e.g., arrest, seizure).

Coast Guard Jurisdiction Exceptions - Transit Passage

Transit passage is 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. In such straits, vessels may generally operate without restriction (e.g., submarines may proceed submerged, vessels having aircraft may launch and recover such aircraft), provided their transit is continuous and expeditious. The passage may include anchoring in the course of ordinary navigation. The U.S. may not exercise jurisdiction over foreign flag vessels engaged in transit passage, but may impose limited restrictions related to navigation safety; the prevention, reduction, and control of pollution; fishing; and the unloading or loading of any commodity, currency, or person in contravention of any fiscal, immigration, sanitary, or customs laws and regulations.

Coast Guard Jurisdiction Exceptions - Contiguous Zone - Fiscal, Immigration, Sanitary, and Customs Laws (FISC)

U.S. Fiscal, Immigration, Sanitary, and Customs (FISC) laws include, but are not necessarily limited to: a. Federal narcotics laws in Titles 19, 21, 46, and 49 U.S.C.; b. Immigration laws in Title 8 U.S.C.; c. Customs and importation laws in Titles 16, 19, 21, 46, and 49 U.S.C.; d. Environmental laws that apply in the contiguous zone as described in Chapter 9 of this Manual; and e. Quarantine laws in Title 42 U.S.C.

Assistance Authority (cont.) 14 USC 141

Under 14 U.S.C. 141, federal, state, and local agencies can request Coast Guard LE assistance when Coast Guard facilities and persons are especially qualified to perform a particular activity. Subject to the availability of resources, Operational Commanders are authorized to fulfill such requests provided the assistance provided by the Coast Guard is within the bounds of Coast Guard organic legal authority and consistent with the policies set forth in this Manual. 14 U.S.C. 141 also authorizes the Coast Guard to avail itself of officers and employees, advice, information, and facilities of any federal agency, state, territory, possession, or political subdivision thereof, or the District of Columbia as may be helpful in the performance of its LE duties. The requirements for a lawful request for assistance made by the Coast Guard under 14 U.S.C. 141 are: 1. The head of the agency concerned must consent to the agency's cooperation; 2. It must be for personal services, advice, information, or use of facilities; 3. It must be directed toward a federal agency, state, territory, possession, or political subdivision thereof, or the District of Columbia; and 4. The requested assistance must be helpful in the performance of the Coast Guard's duties.

Coast Guard Jurisdiction Special Circumstances - Right of Approach (ROA)

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. In order to determine the vessel's nationality, the unit shall ask the Right of Approach questions contained in Part I of the Law Enforcement Checklist

Coast Guard Jurisdiction Universal Crimes

Under international law, vessels engaged in universal crimes such as piracy, transport of slaves (quasi-universal crime), and unauthorized broadcasting may be subject to the jurisdiction of any nation. Cases potentially involving universal crimes aboard foreign flag vessels require a CG-DCO SNO (with MOTR) prior to any LE action.

Coast Guard Jurisdiction Exceptions - Peace of the Port

Under the "peace of the port" doctrine, the U.S. may choose to refrain from asserting its jurisdiction over foreign flag vessels in its territorial sea and internal waters, leaving control of the matter to the flag State. Jurisdiction will generally not be asserted over incidents that involve only internal discipline and management of the vessel. Jurisdiction will generally be asserted over those incidents which have consequences beyond the vessel and affect the "peace and tranquility" of the U.S.

Bilateral/Multilateral Law Enforcement Agreements Notification Requirements

Unless otherwise specified in this Manual, all boardings conducted under the authority of a bilateral or multilateral agreement require notification of the Commandants (CG-MLE) and (CG-RLD) duty team through the HQ Command Center within 24 hours of the boarding commencing.

Coast Guard Jurisdiction Vessel Status/Flag

Warships, military aircraft, and other government vessels or aircraft on non-commercial service have sovereign immunity and are subject only to the jurisdiction of the flag State. The only action that may be taken, with respect to a sovereign immune vessel engaged in activity that would otherwise be an enforceable violation of U.S. law or international law, is requiring such vessel to leave coastal State internal waters or territorial sea. Such vessels and the persons aboard them may not be boarded, searched, seized, or arrested under any circumstances.

Pre-Boarding Law Enforcement Intelligence Database Check

When possible, units contemplating LE action should conduct an LE intelligence database check on the vessel, master, and crew. All LE intelligence database checks shall be conducted through the DHS National Targeting Center (NTC). Units without direct communications to EPIC should conduct checks via TACON.

Ports and Waterways Safety Act

While the Ports and Waterways Safety Act (PWSA) is not an independent source of LE authority for Coast Guard Boarding Officers, the anti-terrorism provision of the PWSA, 33 U.S.C. 1226, 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; and 4. Development of contingency plans and procedures. The statute also expressly authorizes the Coast Guard to dispatch properly trained and qualified armed Coast Guard personnel on vessels and public or commercial structures on or adjacent to waters subject to United States jurisdiction to deter or respond to acts of terrorism or transportation security incidents.