241 
‘‘(B) a claim of nationality or registry for the vessel is made 
by the master or individual in charge at the time of the enforce-
ment 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 reg-
istry, 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 ob-
jection 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.— 
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242 
‘‘(1) IN GENERAL.—In this chapter, the term ‘vessel without nation-
ality’ includes— 
‘‘(A) a vessel aboard which the master or individual in charge 
makes a claim of registry that is denied by the nation whose reg-
istry is claimed; 
‘‘(B) a vessel aboard which the master or individual in charge 
fails, on request of an officer of the United States authorized to 
enforce applicable provisions of United States law, to make a claim 
of nationality or registry for that vessel; and 
‘‘(C) a vessel aboard which the master or individual in charge 
makes a claim of registry and for which the claimed nation of reg-
istry does not affirmatively and unequivocally assert that the ves-
sel is of its nationality. 
‘‘(2) VERIFICATION OR DENIAL.—A claim of registry under para-
graph (1)(A) or (C) may be verified or denied by radio, telephone, or 
similar oral or electronic means. The denial of such a claim is proved 
conclusively by certification of the Secretary of State or the Secretary’s 
designee. 
‘‘(e) CLAIM OF NATIONALITY OR REGISTRY.—A claim of nationality or 
registry under this section includes only— 
‘‘(1) possession on board the vessel and production of documents evi-
dencing the vessel’s nationality as provided in article 5 of the 1958 
Convention on the High Seas; 
‘‘(2) flying its nation’s ensign or flag; or 
‘‘(3) a verbal claim of nationality or registry by the master or indi-
vidual in charge of the vessel. 
‘‘§ 70503. Manufacture, distribution, or possession of con-
trolled substances on vessels 
‘‘(a) PROHIBITIONS.—An individual may not knowingly or intentionally 
manufacture or distribute, or possess with intent to manufacture or dis-
tribute, a controlled substance on board— 
‘‘(1) a vessel of the United States or a vessel subject to the jurisdic-
tion of the United States; or 
‘‘(2) any vessel if the individual is a citizen of the United States or 
a resident alien of the United States. 
‘‘(b) EXTENSION BEYOND TERRITORIAL JURISDICTION.—Subsection (a) 
applies even though the act is committed outside the territorial jurisdiction 
of the United States. 
‘‘(c) NONAPPLICATION.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), subsection (a) does 
not apply to— 
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243 
‘‘(A) a common or contract carrier or an employee of the carrier 
who possesses or distributes a controlled substance in the lawful 
and usual course of the carrier’s business; or 
‘‘(B) a public vessel of the United States or an individual on 
board the vessel who possesses or distributes a controlled sub-
stance in the lawful course of the individual’s duties. 
‘‘(2) ENTERED IN MANIFEST.—Paragraph (1) applies only if the 
controlled substance is part of the cargo entered in the vessel’s mani-
fest and is intended to be imported lawfully into the country of destina-
tion for scientific, medical, or other lawful purposes. 
‘‘(d) BURDEN OF PROOF.—The United States Government is not re-
quired to negative a defense provided by subsection (c) in a complaint, in-
formation, indictment, or other pleading or in a 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 de-
termined 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 de-
fense 
‘‘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 jurisdic-
tion 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 of-
fense 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). 
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244 
‘‘(b) ATTEMPTS AND CONSPIRACIES.—A person attempting or conspiring 
to violate section 70503 of this title is subject to the same penalties as pro-
vided for violating section 70503. 
‘‘§ 70507. Forfeitures 
‘‘(a) IN GENERAL.—Property described in section 511(a) of the Com-
prehensive 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 com-
mission 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 for-
feited under section 511 of that Act (21 U.S.C. 881). 
‘‘(b) PRIMA FACIE EVIDENCE OF VIOLATION.—Practices commonly rec-
ognized 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— 
‘‘(A) the configuration of the vessel to ride low in the water or 
present a low hull profile to avoid being detected visually or by 
radar; 
‘‘(B) the presence of any compartment or equipment that is 
built or fitted out for smuggling, not including items such as a 
safe or lock-box reasonably used for the storage of personal 
valuables; 
‘‘(C) the presence of an auxiliary tank not installed in accord-
ance with applicable law or installed in such a manner as to en-
hance the vessel’s smuggling capability; 
‘‘(D) the presence of engines that are excessively over-powered 
in relation to the design and size of the vessel; 
‘‘(E) the presence of materials used to reduce or alter the heat 
or radar signature of the vessel and avoid detection; 
‘‘(F) the presence of a camouflaging paint scheme, or of mate-
rials used to camouflage the vessel, to avoid detection; or 
‘‘(G) the display of false vessel registration numbers, false indi-
cia of vessel nationality, false vessel name, or false vessel home-
port. 
‘‘(2) The presence or absence of equipment, personnel, or cargo in-
consistent with the type or declared purpose of the vessel. 
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