Page:United States Statutes at Large Volume 100 Part 4.djvu/375

 -^

I ^^p^snlv^A-

PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-96

"(3) a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a foreign flag, whether or not the vessel has been granted the nationality of a foreign nation. "(c)(1) For purposes of this section, a 'vessel subject to the jurisdiction of the United States' includes— "(A) a vessel without nationality; 1 "(B) a vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of article 6 of the 1958 Convention on the High Seas; "(C) a vessel registered in a foreign nation where the flag nation has consented or waived objection to the enforcement of United States law by the United States; "(D) a vessel located within the customs waters of the United States; and "(E) a vessel located in the territorial waters of another nation, where the nation consents to the enforcement of United States law by the United States. Consent or waiver of objection by a foreign nation to the enforcement of United States law by the United States under paragraph (C) or (E) of this paragraph may be obtained by radio, telephone, or similar oral or electronic means, and may be proved by certification of the Secretary of State or the Secretary s designee. "(2) For purposes of this section, a 'vessel without nationality' includes— "(A) a vessel aboard which the master or person in charge makes a claim of registry, which claim is denied by the flag nation whose registry is claimed; and "(B) any vessel aboard which the master or person in charge fails, upon request of an officer of the United States empowered to enforce applicable provisions of United States law, to make a claim of nationality or registry for that vessel. A claim of registry under subparagraph (A) may be verified or denied by radio, telephone, or similar oral or electronic means. The denial of such claim of registry by the claimed flag nation may be proved by certification of the Secretary of State or the Secretary's designee. "(3) For purposes of this section, a claim of nationality or registry only includes: "(A) possession on board the vessel and production of documents evidencing the vessel's nationality in accordance with article 5 of the 1958 Convention on the High Seas; "(B) flying its flag nation's ensign or flag; or "(C) a verbal claim of nationality or registry by the master or person in charge of the vessel. "(d) A claim of failure to comply with international law in the enforcement of this Act may be invoked solely by a foreign state, and a failure to comply with international law shall not divest a court of jurisdiction or otherwise constitute a defense to any proceeding under this Act. "(e) This section does not apply to a common or contract carrier, or an employee thereof, who possesses or distributes a controlled substance in the lawful and usual course of the carrier's business or to a public vessel of the United States, or any person on board such a vessel who possesses or distributes a controlled substance in the lawful course of such person's duties, if the controlled substance is a

13 UST 2312.

Claims. International agreements.

�