46 U.S.C. § 70508

Operation of submersible vessel or semi-submersible vessel without nationality

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(a)In General.—An individual may not operate by any means or embark in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent country, with the intent to evade detection.(b)Evidence of Intent To Evade Detection.—In any civil enforcement proceeding for a violation of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection.(c)Defenses.—(1)In general.—It is a defense in any civil enforcement proceeding for a violation of subsection (a) that the submersible vessel or semi-submersible vessel involved was, at the time of the violation—(A) a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law;(B) classed by and designed in accordance with the rules of a classification society;(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system.(2)Production of documents.—The defenses provided by this subsection are proved conclusively by the production of—(A) government documents evidencing the vessel’s nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas;(B) a certificate of classification issued by the vessel’s classification society upon completion of relevant classification surveys and valid at the time of the offense; or(C) government documents evidencing licensure, regulation, or registration for research or exploration.(d)Civil Penalty.—A person violating this section shall be liable to the United States for a civil penalty of not more than $1,000,000.(Added Pub. L. 110–407, title II, § 202(a), Oct. 13, 2008, 122 Stat. 4299.)

Notes of Decisions

Cited in 9 cases, 2012–2017 · leading case: United States v. Valderrama Carvajal, 924 F. Supp. 2d 219 (D.D.C. 2013).

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United States v. Valderrama Carvajal, 924 F. Supp. 2d 219 (D.D.C. 2013). “Valderrama Carvajal and Munoz Miranda make reference to 46 U.S.C. § 70508 , which provides: “An individual may not operate by any means or embark in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into,…”

United States v. Willington Barona-Bravo, 685 F. App'x 761 (11th Cir. 2017). “PROCEDURAL HISTORY A federal grand jury indicted all thirteen crewmen on two charges: (1) conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine while aboard a vessel subject to the jurisdiction of the United States, in violation of 46…”

United States v. David Lopez Mendez, 490 F. App'x 287 (11th Cir. 2012). “§ 960 (b)(l)(B)(ii) (“Count 1”); and (2) aiding and abetting possession with intent to distribute 5 or more kilograms of cocaine while on board a vessel subject to United States jurisdiction, in violation of 46 U.S.C. §§ 70508 (a)(1), 70506(a), 18 U.”

United States v. Felix Enrique Tomala Cruz, 503 F. App'x 837 (11th Cir. 2013). · cites it 2× “PER CURIAM: Felix Enrique Tómala Cruz appeals his convictions after his guilty plea to conspiracy and possession with intent to distribute more than five kilograms of cocaine while aboard a vessel in international waters, in violation of the Maritime Drug Law Enforcement Act…”

United States v. Cesar M. Valencia, 686 F. App'x 829 (11th Cir. 2017). “with intent to distribute at least five kilograms of cocaine while aboard a vessel, in violation of 46 U.S.C. §§ 70508 (a), 70506(a), (b) and 21 U.”

Felix Ledezma v. Joseph Young, 564 F. App'x 126 (5th Cir. 2014). “PER CURIAM: * In March 2009, Felix Ignacio Lamberti Ledezma, federal prisoner #81449-004, was convicted by guilty plea in the Southern District of Florida of two counts of conspiracy to possess with intent to distribute five kilograms or more of cocaine, pursuant to 46 U.S.C. §§…”

United States v. Alvaro Viera-Gomez, 568 F. App'x 870 (11th Cir. 2014). “Viera-Gomez pled guilty to two charges: conspiracy to possess, with intent to distribute, five kilograms or more of cocaine while aboard a vessel subject to the jurisdiction of the United States, in violation of 46 U.S.C. §§ 70508 (a), 70506(a), (b) and 21 U.”

United States v. Cecilio Caicedo-Cuero, 586 F. App'x 363 (9th Cir. 2014). “MEMORANDUM ** Appellants Cecilio Caicedo-Cuero and Juan Caicedo-Rengifo appeal their convic *364 tions under the Maritime Drug Law Enforcement Act (“MDLEA”), 46 U.S.C. § 70508 . Appellants argue that the district court erred when it determined that there was a sufficient nexus…”

United States v. Alma Lucrecia Hernandez-Preciado, 610 F. App'x 831 (11th Cir. 2015). “PER CURIAM: Alma Lucrecia Hernandez-Preciado appeals her convictions and 360-months’ total sentence, imposed after she was convicted of one count of conspiracy to possess with intent to distribute cocaine while aboard a vessel subject to the jurisdiction of the United States, in…”

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