Reply from DNR re: Guns on Boats in MD

[goboatingnow]

Originally Posted by psneeld

Not true...a US flagged ship is bound by US laws and treaties even when operating in another countires waters. Yes, the Navy/USCG would need permission from the other country to enter their waters...but that's rarely a problem. I operated all throughout the Carribean and South America with those countries permissions on a regular basis. Only a few said no. Heck we even worked with the Russians during the cold war for law enforcement stuff...

You are right..the locals get first shot...but if the US wants to come grab your but on a US flagged vessel...they can.

Here's a reference...all it takes is a warrant to go further than a regular boarding to enforce ANY federal law, anywhere in the world.

THE U.S. COAST GUARD

The U.S. Coast Guard is authorized to enforce, or assist in the enforcement of, all U.S. Federal laws applicable on, over, and under the high seas and waters subject to the jurisdiction of the United States. These include laws which provide for the U.S. Coast Guard to exclusively act, and those which the Coast Guard enforces primarily for some other Federal agency. Generally, the Coast Guard must determine on a case-by-case basis whether it has jurisdiction. Besides determining whether it has the domestic authority to assert jurisdiction, it often must also determine whether an assertion of jurisdiction is consistent with international law. In many cases involving a foreign vessel, the Coast Guard decides whether it has jurisdiction over the vessel and its personnel based on three elements: the activities of the vessel and personnel, the location of the vessel, and the nationality of the vessel.
Two notes are warranted here. The first relates to the phrase "waters subject to United States jurisdiction." This phrase encompasses more than United States territorial waters; it also extends to those waters where the United States, pursuant to an agreement with a foreign government, has been authorized to take law enforcement action involving United States or foreign vessels. Such waters could, and in actual practice do, include foreign territorial waters.
The second point is that the Coast Guard may go aboard any United States vessel at any time, anywhere to conduct a documentation and safety inspection. A search of a U.S. vessel beyond this type of inspection is subject to limitations under the United States Constitution. If a search extends beyond this narrowly defined scope, a court may be asked to evaluate the legality of the search by balancing the individual’s right to privacy in the specific circumstances of the search against society’s interest in detecting criminal conduct.

flag states responsibilities were codified by the Geneva Convention on the law of teh sea in 1950. The US designated the USCG for that role. ( as you point out)

Secondly the key phrase is " waters subject to the jurisdiction of the United States.". The US cannot legally act in another countries waters without permission, even if it involves a US flag vessel. Again it must receive permission. In international waters it can do that of course. Again a US flag ship is not a US territory in the normal meaning of the word.

As to permissions , of course friendly states and even old adversaries with a common cause ( drugs etc) often recognise other navies and allow them to act and in particular engage in hot pursuit. It doesnt change the rules though.

Dave