Page:United States Statutes at Large Volume 100 Part 5.djvu/79

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-640—NOV. 10, 1986

100 STAT. 3553

"(D) a corporation created under the laws of the United States or any State, the District of Columbia, or any territory, commonwealth, or possession of the United States; unless the vessel has been granted the nationality of a foreign nation in accordance with article 5 of the 1958 Cfonvention on the High Seas; and 13 UST 2312. "(3) a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a foreign flag, whether or not the vessel has been granted the nationality of a foreign nation. "(c)(1) For purposes of this section, a 'vessel subject to the jurisdiction of the United States' includes— "(A) a vessel without nationality; "(B) a vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of article 6 of the 1958 Convention on the High Seas; "(C) a vessel registered in a foreign nation where the flag nation has consented or waived objection to the enforcement of United States law by the United States; "(D) a vessel located within the customs waters of the United States; and "(E) a vessel located in the territorial waters of another nation, where the nation consents to the enforcement of United States law by the United States. Consent or waiver of objection by a foreign nation to the enforce- Communications ment of United States law by the United States under subparagraph and tele(C) or (E) of this paragraph may be obtained by radio, telephone, or communications. similar oral or electronic means, and may be proved by certification of the Secretary of State or the Secretary s designee. "(2) For purposes of this section, a 'vessel without nationality' Claims. includes— "(A) a vessel aboard which the master or person in charge makes a claim of registry, which claim is denied by the flag nation whose registry is claimed; and "(B) any vessel aboard which the master or person in charge fails, upon request of an officer of the United States empowered to enforce applicable provisions of United States law, to make a claim of nationality or registry for that vessel. A claim of registry under subparagraph (A) may be verified or Communications denied by radio, telephone, or similar oral or electronic means. The and teledenial of such claim of registry by the claimed flag nation may be communications. proved by certification of the Secretary of State or the Secretary's designee. "(3) For purposes of this section, a claim of nationality or registry Claims. only includes: "(A) possession on board the vessel and production of documents evidencing the vessel's nationality in accordance with article 5 of the 1958 Convention on the High Seas; "(B) flying its flag nation's ensign or flag; or "(C) a verbal claim of nationality or registry by the master or person in charge of the vessel. "(d) A clEum of failure to comply with international law in the Claims. enforcement of this Act may be invoked solely by a foreign nation, and a failure to comply with international law shall not divest a court of jurisdiction or otherwise constitute a defense to any proceeding under this Act.