§70508 Operation of submersible vessel or semi-submersible vessel without nationality

Summary

You must not operate or get on an unflagged submersible or semi‑submersible that travels beyond a country’s territorial sea (or beyond the line between neighboring countries’ territorial seas) if the trip is meant to avoid being seen. In a civil case, certain signs listed in 46 U.S.C. 70507(b)(1)(A), (E), (F), (G) or in 70507(b)(4), (5), or (6) can be used as initial proof that someone meant to evade detection. A person who breaks this rule can be fined up to $1,000,000. A defense is allowed if, at the time, the vessel was a U.S. vessel or was lawfully registered as the master claimed; was classed and built under a classification society’s rules; was lawfully operating under government regulation or license (for example commerce, research, or exploration); or had and was using an operable automatic identification, vessel monitoring, or long‑range tracking system. These defenses are proved by producing documents: government papers showing nationality (see article 5 of the 1958 Convention on the High Seas), a valid classification certificate, or government papers showing the required license or registration.