Page:United States Statutes at Large Volume 120.djvu/1719

 120 STAT. 1688

PUBLIC LAW 109–304—OCT. 6, 2006

trial or other proceeding. The burden of going forward with the evidence supporting the defense is on the person claiming its benefit. ‘‘§ 70504. Jurisdiction and venue ‘‘(a) JURISDICTION.—Jurisdiction of the United States with respect to a vessel subject to this chapter is not an element of an offense. Jurisdictional issues arising under this chapter are preliminary questions of law to be determined solely by the trial judge. ‘‘(b) VENUE.—A person violating section 70503 of this title shall be tried in the district court of the United States for— ‘‘(1) the district at which the person enters the United States; or ‘‘(2) the District of Columbia. ‘‘§ 70505. Failure to comply with international law as a defense ‘‘A person charged with violating section 70503 of this title does not have standing to raise a claim of failure to comply with international law as a basis for a defense. A claim of failure to comply with international law in the enforcement of this chapter may be made only by a foreign nation. A failure to comply with international law does not divest a court of jurisdiction and is not a defense to a proceeding under this chapter. ‘‘§ 70506. Penalties ‘‘(a) VIOLATIONS.—A person violating section 70503 of this title shall be punished as provided in section 1010 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 960). However, if the offense is a second or subsequent offense as provided in section 1012(b) of that Act (21 U.S.C. 962(b)), the person shall be punished as provided in section 1012 of that Act (21 U.S.C. 962). ‘‘(b) ATTEMPTS AND CONSPIRACIES.—A person attempting or conspiring to violate section 70503 of this title is subject to the same penalties as provided for violating section 70503. ‘‘§ 70507. Forfeitures ‘‘(a) IN GENERAL.—Property described in section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(a)) that is used or intended for use to commit, or to facilitate the commission of, an offense under section 70503 of this title may be seized and forfeited in the same manner that similar property may be seized and forfeited under section 511 of that Act (21 U.S.C. 881). ‘‘(b) PRIMA FACIE EVIDENCE OF VIOLATION.—Practices commonly recognized as smuggling tactics may provide prima facie evidence of intent to use a vessel to commit, or to facilitate the commission of, an offense under section 70503 of this title, and may support seizure and forfeiture of the vessel, even in the absence of controlled substances aboard the vessel. The following indicia, among others, may be considered, in the totality of the circumstances, to be prima facie evidence that a vessel is intended to be used to commit, or to facilitate the commission of, such an offense: ‘‘(1) The construction or adaptation of the vessel in a manner that facilitates smuggling, including—

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