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Old 16-06-2011, 04:12   #31
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Re: How far offshore do you have to be from US to start Casino / Brothel and 420 Cafe

forget sex ,drugs and rock n' roll
,more money to be made from,
offshore banking,tax free fuel and duty free ciggarettes...........
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Old 16-06-2011, 04:21   #32
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Re: How far offshore do you have to be from US to start Casino / Brothel and 420 Cafe

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Originally Posted by Adelie View Post
. The USCG can board any US flagged vessel anywhere in the world.
Nope - they cannot board a US vessel in australian sovereign waters. Having said that they could easily co-opt local law enforcement - which BTW in Australia DOES NOT include Coast Guard. The Coast Guard here is a volunteer rescue organisation and not a statutory law enforcement agency.

Quote:
For that matter any coast guard can board any vessel carrying their own flag anywhere.
Again no - the extraterritoriality provisions under australian maritime law, and indeed Constitution stop at sovereign borders
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Old 16-06-2011, 05:42   #33
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Re: How far offshore do you have to be from US to start Casino / Brothel and 420 Cafe

http://www.uscg.mil/d1/prevention/Na...nforcement.PDF


COAST GUARD BOARDING POLICY
To enforce these laws, the Coast Guard is empowered to board and inspect vessels.

All Coast Guard officers
and petty officers are Federal law enforcement officers and
they may board any United States vessel anywhere.

not trying to get into a pissing match but I do like to look at the laws,,,if there is a certain exception for Australia I would like to be able to read it and know were to find it if I need it
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Old 16-06-2011, 06:18   #34
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Re: How far offshore do you have to be from US to start Casino / Brothel and 420 Cafe

Quote:
Originally Posted by Factor View Post
Nope - they cannot board a US vessel in australian sovereign waters. Having said that they could easily co-opt local law enforcement - which BTW in Australia DOES NOT include Coast Guard. The Coast Guard here is a volunteer rescue organisation and not a statutory law enforcement agency.

Again no - the extraterritoriality provisions under australian maritime law, and indeed Constitution stop at sovereign borders

INTERNATIONAL LAW
When moving maritime law enforcement from the domestic to the international realm, the complexities multiply dramatically. There are three basic international principles which govern a state’s ability to assert jurisdiction over a vessel or over areas of water. First, under international law, the flag state, the nation in which a vessel is registered, has the obligation to regulate and ensure the safe and lawful operation of a vessel flying its flag. The second principle is that all nations have an equal and untrammeled right to navigate on the high seas (termed the freedom of the high seas). To ensure this principle of the freedom of the high seas, international law generally prohibits, with certain carefully delineated exceptions, any nation from asserting jurisdiction over foreign vessels on the high seas. Thus, unless one of the few exceptions is applicable, a vessel on the high seas is said to be subject to the exclusive jurisdiction of the flag state. Finally, the third principle is that a vessel in the territorial waters of a state other than its flag state is ordinarily subject to the concurrent jurisdiction of the coastal state and the flag state; the nature and extent of the coastal state’s jurisdiction vary with the particular circumstances. Warships and other government vessels entitled to sovereign immunity are not subject to this concurrent jurisdiction.

Jurisdiction - Chapter 3

With US and Aussie relations...hard to imagine they would not be part of this agreement. But with all international relations..not sure how often the USCG ACTUALLY enters the waters of another nation and conducts "routine" law enforcement...just too many things to go wrong.
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