PUBLIC LAW 109–304—OCT. 6, 2006
120 STAT. 1687
‘‘(A) a vessel aboard which the master or individual in charge makes a claim of registry that is denied by the nation whose registry is claimed; ‘‘(B) a vessel aboard which the master or individual in charge fails, on request of an officer of the United States authorized to enforce applicable provisions of United States law, to make a claim of nationality or registry for that vessel; and ‘‘(C) a vessel aboard which the master or individual in charge makes a claim of registry and for which the claimed nation of registry does not affirmatively and unequivocally assert that the vessel is of its nationality. ‘‘(2) VERIFICATION OR DENIAL.—A claim of registry under paragraph (1)(A) or (C) may be verified or denied by radio, telephone, or similar oral or electronic means. The denial of such a claim is proved conclusively by certification of the Secretary of State or the Secretary’s designee. ‘‘(e) CLAIM OF NATIONALITY OR REGISTRY.—A claim of nationality or registry under this section includes only— ‘‘(1) possession on board the vessel and production of documents evidencing the vessel’s nationality as provided in article 5 of the 1958 Convention on the High Seas; ‘‘(2) flying its nation’s ensign or flag; or ‘‘(3) a verbal claim of nationality or registry by the master or individual in charge of the vessel. ‘‘§ 70503. Manufacture, distribution, or possession of controlled substances on vessels ‘‘(a) PROHIBITIONS.—An individual may not knowingly or intentionally manufacture or distribute, or possess with intent to manufacture or distribute, a controlled substance on board— ‘‘(1) a vessel of the United States or a vessel subject to the jurisdiction of the United States; or ‘‘(2) any vessel if the individual is a citizen of the United States or a resident alien of the United States. ‘‘(b) EXTENSION BEYOND TERRITORIAL JURISDICTION.—Subsection (a) applies even though the act is committed outside the territorial jurisdiction of the United States. ‘‘(c) NONAPPLICATION.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), subsection (a) does not apply to— ‘‘(A) a common or contract carrier or an employee of the carrier who possesses or distributes a controlled substance in the lawful and usual course of the carrier’s business; or ‘‘(B) a public vessel of the United States or an individual on board the vessel who possesses or distributes a controlled substance in the lawful course of the individual’s duties. ‘‘(2) ENTERED IN MANIFEST.—Paragraph (1) applies only if the controlled substance is part of the cargo entered in the vessel’s manifest and is intended to be imported lawfully into the country of destination for scientific, medical, or other lawful purposes. ‘‘(d) BURDEN OF PROOF.—The United States Government is not required to negative a defense provided by subsection (c) in a complaint, information, indictment, or other pleading or in a
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00431
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002
�
