§2285 Operation of Submersible Vessel or Semi-submersible Vessel Without Nationality

Summary

It is a crime to knowingly operate, try to operate, conspire to operate, or board a submersible or semi‑submersible that has no nationality and is traveling beyond a single country’s territorial sea (or along a shared lateral limit) if the trip is done to avoid being detected. A person who does this can be fined, put in prison for up to 15 years, or both. Certain signs listed in 46 U.S.C. 70507(b) can be treated as strong evidence someone meant to hide. The United States can prosecute these acts even if they happened outside U.S. waters. A claim about a vessel’s nationality only counts if the crew has the nationality papers described in Article 5 of the 1958 Convention on the High Seas, flies the nation’s flag, or the captain says so. A defendant can try to prove the vessel was lawful by showing: government nationality papers, a valid classification certificate, or government documents showing the vessel was licensed or registered for commerce, research, or exploration. The accused must prove those defenses by a preponderance of the evidence (more likely than not). The law does not apply to authorized U.S. government activities. The key vessel terms are defined in 46 U.S.C. 70502.