Page:United States Statutes at Large Volume 120.djvu/1717

 120 STAT. 1686

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘(b) VESSEL OF THE UNITED STATES.—In this chapter, the term ‘vessel of the United States’ means— ‘‘(1) a vessel documented under chapter 121 of this title or numbered as provided in chapter 123 of this title; ‘‘(2) a vessel owned in any part by an individual who is a citizen of the United States, the United States Government, the government of a State or political subdivision of a State, or a corporation incorporated under the laws of the United States or of a State, unless— ‘‘(A) the vessel has been granted the nationality of a foreign nation under article 5 of the 1958 Convention on the High Seas; and ‘‘(B) a claim of nationality or registry for the vessel is made by the master or individual in charge at the time of the enforcement action by an officer or employee of the United States who is authorized to enforce applicable provisions of United States law; and ‘‘(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 sold to a person not a citizen of the United States, placed under foreign registry, or operated under the authority of a foreign nation, whether or not the vessel has been granted the nationality of a foreign nation. ‘‘(c) VESSEL SUBJECT TO THE JURISDICTION OF THE UNITED STATES.— ‘‘(1) IN GENERAL.—In this chapter, the term ‘vessel subject to the jurisdiction of the United States’ includes— ‘‘(A) a vessel without nationality; ‘‘(B) a vessel assimilated to a vessel without nationality under paragraph (2) of article 6 of the 1958 Convention on the High Seas; ‘‘(C) a vessel registered in a foreign nation if that nation has consented or waived objection to the enforcement of United States law by the United States; ‘‘(D) a vessel in the customs waters of the United States; ‘‘(E) a vessel in the territorial waters of a foreign nation if the nation consents to the enforcement of United States law by the United States; and ‘‘(F) a vessel in the contiguous zone of the United States, as defined in Presidential Proclamation 7219 of September 2, 1999 (43 U.S.C. 1331 note), that— ‘‘(i) is entering the United States; ‘‘(ii) has departed the United States; or ‘‘(iii) is a hovering vessel as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401). ‘‘(2) CONSENT OR WAIVER OF OBJECTION.—Consent or waiver of objection by a foreign nation to the enforcement of United States law by the United States under paragraph (1)(C) or (E)— ‘‘(A) may be obtained by radio, telephone, or similar oral or electronic means; and ‘‘(B) is proved conclusively by certification of the Secretary of State or the Secretary’s designee. ‘‘(d) VESSEL WITHOUT NATIONALITY.— ‘‘(1) IN GENERAL.—In this chapter, the term ‘vessel without nationality’ includes—

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