§2285 Operation of submersible vessel or semi-submersible vessel without nationality

Summary

It makes it a federal crime to knowingly use, try to use, or get on a submersible or semi-submersible that has no nationality and that travels into, through, or from waters beyond a single country’s territorial sea or its lateral limit with a neighbor when the person’s goal is to avoid being seen. A person who does that can be fined, go to prison for up to 15 years, or both. Signs listed in 46 U.S.C. 70507(b) (paragraphs (1)(A), (E), (F), (G), and (4), (5), (6)) can be treated as strong evidence that someone meant to evade detection. The United States can use its laws even if the act happened outside U.S. waters. A claim that the vessel has a nationality means having the proper documents on board, flying a national flag, or the captain saying the vessel’s nationality. A person can defend against a charge by proving, more likely than not, that the vessel was U.S.-owned or lawfully registered as claimed, followed a classification society’s rules, was operating under government licensing or regulation (like for trade, research, or exploration), or was using systems like AIS, VMS, or LRIT. Presenting official nationality papers, a valid classification certificate, or government licenses or registrations proves those defenses. Acts done by or ordered by the U.S. government are not covered. The terms submersible vessel, semi-submersible vessel, vessel of the United States, and vessel without nationality are defined in 46 U.S.C. 70502. Other rules in 46 U.S.C. 70504 and 70505 apply the same way as they do for related offenses.