I thought with all this activity with Cuba, I would take the time to go over a few things Customs enforces that CG boarding officers are authorized to as well. I will look up the law that states the authority if someone needs me to.

*However, I am in no way suggesting to go ahead and do all these things without the approval of your command.*

Any vessel that leaves the 3 mile limit is considered outside of the U.S., therefore it is subject to a Customs Inspection, I got that straight from an AUSA in Miami. Now, if that vessel is outside of the 12 mile limit (Customs Waters) it is in International Waters and if foreign, can not be searched without an Statement of No Objection (SNO) from the captain or the approval from the country that the vessel is from.

That being said, there are certainly exceptions, ie: hovering vessel, vessel in the vicinity of an airdrop, vessel to vessel meet, maybe with nav light off, etc.

I found it strange, whenever I was in Bimini or parts of the Bahamas, I'd see U.S. vessels in compliance with displaying the all-yellow quarantine flag upon arrival while waiting for clearance from the Bahamian Customs or Immigrations.

Yet back in the U.S. upon their return, I'd say maybe half of them would again, display the yellow quarantine flag.

Once these vessels are within the 12 mile limit (Customs Waters), they are fair game. Board away and check everywhere.

Now, about foreign vessels inside the 12 mile limit. This can be tricky as they may be under some problem with "Force Majeure", ie: heavy seas from a hurricane, some mechanical problem, etc.

But, let's say a Bahamian or Cuban fishing boat is motoring around within the U.S. 12 mile limit. Can you board him without an SNO? Yes, because he has entered U.S. waters, that is if he is operating without any "force majeure" issues.

U.S. vessels returning to the U.S. but maybe heading up the coast before they ever pull in to clear. Wrong!!!

When a U.S. vessel returns to the U.S. from foreign, they are required to pull into the closest port and report their arrival. The exception to this is if they travel up the coast outside of the 12 mile limit.

Often, we would board vessels up off of Naples or Ft. Myers where the captain, returning from the Bahamas or Cuba, was sailing up to Tampa Bay or someplace and figured he'd report there. What he was required to do was to pull into port somewhere in the Keys, maybe Miami and clear, then proceed up the coast inside the 12 mile limit if he chooses.

Weapons on boats: The Bahamians have no problems with U.S. boats having firearms as long as they are reported along with ammo upon arrival. It was more often than not that we'd board vessels returning from the Bahamas with weapons. No big deal, just let us know you have them when we went on board.

Now, that goes out the window of course if the boat is loaded with machine guns, explosives, etc. And yes, we did run into those sometimes on their way to Cuba at 4 a.m.. Some goofball was keeping the blasting caps in a bag on a string around his neck. Now I never worked for ATF but that seems like a dumb place to keep blasting caps.

Any U.S. private vessel returning to the U.S. has been able to phone in for clearance from their own dock for a number of years now. The problem is, that does not mean they unload the boat, all the passengers go home and then the captain finally gets around to calling in for clearance. Noone is allowed to leave the boat other than the captain until a clearance number is issued. The MEO's or now MIA's just might be sent there way to conduct a boarding.

Any U.S. private vessel returning who's crew includes citizens of other countries has to have those citizens clear Immigrations as well. Visa's do not allow foreign citizens to come and go from the U.S. as they please.

OK...that's enough for now. I will be certainly happy for others to post corrections or updates as this long post was intended to help but I certain don't want to give out outdated info or incorrect info. I simply thought this might be a good time to discuss these things with what's happening with Cuba. Maybe some of the less experienced boarding officers can benefit from this discussion.

Stay safe all,

Don USCG '82-'88, USCS/CBP '89-'06.

Hmmmm, I knew I would think of something else to add.

If you find a vessel in the U.S. that you suspect was recently foreign, maybe a 110' sighted it in Nassau or wherever so they can confirm the vessel was indeed foreign. You can contact CBP or ICE and have someone check with Small Vessel Reporting (SVR) to see if they cleared in.

If they didn't, ICE or CBP personnel will most likely respond to the vessel and make a determination whether to seize the vessel for "Failure to Report Arrival" or to issue a civil penalty. I have issued a few penalties in my time. They take some work on the computer but if you feel the captain is needing a "wake up call", by all means, do it. I think they usually result in a fine of something like $2,500 for the first time but that may vary.

Don

Don,
Only one comment and that was where you referenced force majuere. FM is a request, not a demmand or right. You kind of left it open that a foriegn vsl could make a claim and be off limits. Free pratique (sp?) is a right, but FM is not.

quote:

Originally posted by Mightyz90_93:
Don,
Only one comment and that was where you referenced force majuere. FM is a request, not a demmand or right. You kind of left it open that a foriegn vsl could make a claim and be off limits. Free pratique (sp?) is a right, but FM is not.

Thanks. Believe me, I am open to any corrections or additions from anyone. I thought this info could possibly help some of the crews. I remember talking to a BM1 one day, he is a friend of mine, but he was not aware that he had the authority to board a foreign vessel inside the 12 mile limit.

I can't remember what country it was from but it was coming in, not just passing offshore. Again, even if it were, inside 12 is fair game unless certain conditions are there.

I'm looking more to give BO's ideas to think about and research updates rather than expecting them to see my understanding of the law as 100% accurate.

Thanks MC.

Don

Don,

Excellent overview--it's also very timely with the Cuban situation as it is. BO's, be very cautious exercising your Customs authority.

What Don has mentioned is the law underlying your authority as a Customs officer. There is additional USCG policy in place that may limit some of this. Check the appropriate sections of the MLEM to ensure you're familiar with that policy... especially if Cuba opens up in a post-Castro world.

All USCG boarding officers should be intimately familiar with their authority to enforce Customs laws.

Where's FedRich, is he napping? I figured he could help out with this discussion.

Don

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and July 7, 2006]
[CITE: 19USC1709]


TITLE 19--CUSTOMS DUTIES

CHAPTER 5--SMUGGLING

Sec. 1709. Definitions

When used in this Act:
(a) The term ``United States'', when used in a geographical sense,
includes all Territories and possessions of the United States, except
the Virgin Islands, the Canal Zone, American Samoa, Wake Island, Midway
Islands, Kingman Reef, Johnston Island, and the island of Guam.

(b) The term ``officer of the customs'' means any officer of the
Customs Service or any commissioned, warrant, or petty officer of the
Coast Guard, or agent or other person authorized by law or by the
Secretary of the Treasury, or appointed in writing by a collector, to
perform the duties of an officer of the Customs Service.

(c) The term ``customs waters'' means, in the case of a foreign
vessel subject to a treaty or other arrangement between a foreign
government and the United States enabling or permitting the authorities
of the United States to board, examine, search, seize, or otherwise to
enforce upon such vessel upon the high seas the laws of the United
States, the waters within such distance of the coast of the United
States as the said authorities are or may be so enabled or permitted by
such treaty or arrangement and, in the case of every other vessel, the
waters within four leagues of the coast of the United States.

(d) The term ``hovering vessel'' means any vessel which is found or
kept off the coast of the United States within or without the customs
waters, if, from the history, conduct, character, or location of the
vessel, it is reasonable to believe that such vessel is being used or
may be used to introduce or promote or facilitate the introduction or
attempted introduction of merchandise into the United States in
violation of the laws respecting the revenue.

quote:

Originally posted by 21yrsUSCGUSCS:
Where's FedRich, is he napping? I figured he could help out with this discussion.

Don

Nope, just working. We often use 18 USC 545 Smuggling in conjunction with Lacey Act investigations.

As far as foreign fishing vessels (FFV) are concerned, under the Magnuson Act they cannot engage in commercial fishing within the U.S. EEZ unless permitted by NMFS to do so. They can however engage in recreational fishing. Under the Nicholson Act, FFVs are prohibited from offloading fish in a U.S. port.

Don,
Can you hit me up off list. I have a couple questions for you.
I can't get the PM thing to work for some reason. If you could try me at fatcatmatt74 on hotmail.com I would appreciate it.

I sent an email through your profile...let me know if that worked.

Don

quote:

the
waters within four leagues of the coast of the United States.

Now that shows the currency of the act!

Don,
For some reason I can't recieve or send PM's.
I'm currently in the hiring process for an MEO job and had a few questions. If you have a chance hit me up.