MARITIME LAW ASSOCIATION

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1 MARITIME LAW ASSOCIATION San Juan Oct 2013

2 Coast Guard DNA U.S. Revenue Cutter Massachusetts

3 What we do... Alien Migrant Interdiction Port Safety & Security Counter - Drug SAR Incident Response Environmental Crimes Enforcement Fisheries Enforcement Counter - Piracy

4 Authorities We are: Military Multi-mission Maritime An armed service Title 10 (Armed Services) Title 50 (War & National Defense) Title 50 App (Member of Intel Community) A unique agency Title 6 (Homeland Security) Title 14 (Coast Guard) Agile Title 19 (Customs) Title 33 (Navigable Waters, Environment) Title 46 (Shipping) Title 49 (Transportation)

5 International Partnerships Authorities & activities are inherently international 42 bilateral shipboarding agreements with partner nations worldwide 11 Proliferation Security Initiative (PSI) agreements 14 Search and Rescue agreements 10 Fisheries-focused agreements 6 Pacific Island agreements under revision to include ops from USN/Third party for OMSI enforcement U.S. Coast Guard support to interagency partner international priorities Geographic Combatant Commanders (e.g., Theater Security Cooperation) Fisheries (NOAA), Pollution (EPA, Commerce, DOT), and PSI (DOD)

6 Interagency & International Assistance Interagency Cooperation: 14 USC 141(a) DOD/DHS Memoranda of Agreement Theater Security Cooperation International Cooperation: 14 USC 149 Technical assistance (including law enforcement and maritime safety and security training) to foreign navies, coast guards, and other maritime authorities

7 Counter - Drug Enforcement A recent year s stats: 75 separate USCG interdictions for illicit drug trafficking, involving 93,963 lbs of cocaine & 100,637 lbs of marijuana.

8 FY 2012 Total Documented Non Commercial Maritime Cocaine Flow Towards the U.S. 796 MT CARIB(OTHER) Jamaica, Cuba, Bahamas, Puerto Rico, USVI, Aruba, Bonaire, Curacao, and Northern Lesser Antilles 1% EPAC 51% 39% Go Fast 9% SPSS 1% SPFS 1% Fishing Vessel 1% Other Maritime MEX/CENTAM VECTOR 93% WCAR 42% 26% Go Fast 9% N/C Air 3% SPSS 1% Fishing Vessel 3% Other Maritime HISP 6% 5% Go Fast 1% N/C Air & Other FY 2012 Total Documented Cocaine Flow Towards the U.S. 902 MT UNCLASSIFIED//FOUO

9 Maritime Drug Law Enforcement Act Authority to Board LOS Convention, 1988 Vienna Convention, or Bilateral Agreement (No MOTR if Bilateral Agreement) Flag or Coastal State Consent Elements of the Offense 46 U.S.C (Jury) Right of Visit US Waters or Vessel (including CZ) Knowingly or Intentionally PWITMD on board Vessel Subject to the Jurisdiction of the United States 46 U.S.C (c) (Judge) WON 70502(d)-(e) Flag State Consent US Vessel or Waters Coastal State Consent

10 Bilateral Agreements With Central and South American Partners Mexico (Operating Agreement) Guatemala (1-6+) Belize (1-5) Nicaragua (1-6+) Costa Rica (1-6+) Honduras (1-6) Jamaica (1-6) Panama (1-6+ & Operating Agreement) Bahamas (CMA) Haiti (1-6) Colombia (1) & (Operating Agreement) DomRep (1-6+) St Kitts & Nevis (1-6) Netherlands Antilles (5) & CTG 4.4 Venezuela (1) UKOT(1-6) Antigua & Barbuda (1-6) Dominica (1-4) Common provisions: 1. Shipboarding 2. Ship rider 3. Pursuit 4. Entry to Investigate 5. Overflight 6. Order to land IMIS International Maritime Interdiction Support St Lucia (1-6) Barbados (2-6) Grenada (1-6) St Vincent & Grenadines (1-4) Trinidad & Tobago (1-6) Suriname (1-6) Guyana (1-6+)* Ecuador (Operating Agreement) Peru (Operating Agreement) * Awaiting Party Signature

11 Fisheries Enforcement

12 Illegal, Unreported, and Unregulated Fishing (IUU) Occurs both on the high seas and in EEZs of coastal States. Globally, up to $24 billion USD lost annually due to IUU fishing Root Cause - Lack of effective flag State control Contributing factor to regional instability

13 Domestic Fisheries Laws

14 Mexican Lanchas MX Lanchas are known to operate north of the Maritime Boundary Line (MBL) on a regular basis Activity consists primarily of illegal fishing and narcotics smuggling in waters subject to US jurisdiction U.S. Problem Area 2500 square miles Mexico 15

15 Alien Migrant Interdiction Operations (AMIO) Both a law enforcement and border control function Primary Law Enforcement authority -- Title 14 USC 89 State sovereignty rights: Protect borders Confer nationality Admit and expel foreigners Combat trafficking and smuggling Safeguard national security Search & Rescue UN Convention Against Transnational Organized Crime & Migrant Smuggling Protocol Article 33: Non-Refoulement principle

16 AMIO Domestic Law Framework Immigration and Nationality Act (INA) Executive Order Presidential Decision Directive 9 Executive Order FOR OFFICIAL USE ONLY

17 Environmental Crimes Enforcement Maritime Safety and Stewardship Second only to drug & migrant program in terms of success Port State Control legitimacy

18 Oily Water Separator By-Pass Each vessel had a written and approved compliance program and had passed Class, Flag, and Port State inspections

19 Criminal Conduct Deliberate discharges of tons of waste oil, sludge & other pollutants. Intentional falsification of vessel records to deceive port authorities. Concealment: discharges made at night, hiding of bypass equipment, use of dispersants, tricking of OCM, falsification of Oil Record Book % Tank Sounding Log, etc. Obstruction of justice (witness tampering, destruction of evidence, alteration of documents, perjury). Motives Save money on building, purchasing and installing best available technology. Save money on the cost of offloading waste oil in port and related port fees. Save money on the cost of OWS/OCM/incinerator parts. Save money and time on labor and maintenance of equipment and on management of corporate culture. Financial bonuses to Chief Engineers for keeping within projected budget.

20 Environmental Law Enforcement International Framework International Agreements Flag, Port, and Coastal State Responsibilities

21 Environmental Compliance

22 Pollution Response

23 Key Pollution Response Authorities/Policies Federal Water Pollution Control Act Section 311 (33 USC 1321 (c)) Oil Pollution Act of 1990 (33 USC ) National Contingency Plan (40 CFR Part 300) Homeland Security Presidential Directive 5 (HSPD-5) National Response Framework (ESF 10) Executive Order 12777

24 Cuba Drilling Pollution Preparedness and Response

25 Multilateral Technical Operating Procedures Regional procedures to implement international instruments Non-binding Exercises Informationsharing Cooperation Standardized functions (MTOP) 27

26 National Contingency Plan The NCP: (NCP) U.S. blueprint for responding to oil spills and hazmat releases Establishes responder roles & responsibilities Establishes the Unified Command structure for managing responses

27 Outer Continental Shelf Lands Act Provides jurisdiction over the submerged lands of the Outer Continental Shelf Authority to promulgate and enforce regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property Authority to designate 500 meter safety zones around rigs engaged in offshore activities consistent with LOS Convention article 60

28 Maritime Labour Convention Voluntary Compliance Certificates

29 Questions? 31

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