‘(a) Offense- Whoever knowingly operates, or attempts or conspires to operate, by any means, or embarks in any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent country, with the intent to evade detection, shall be fined under this title, imprisoned not more than 15 years, or both.
‘(b) Definitions- In this section--
‘(1) the term ‘submersible vessel’ means a watercraft that is capable of operating completely below the surface of the water, and includes manned and unmanned watercraft;
‘(2) the term ‘semi-submersible vessel’ means any watercraft constructed or adapted to be capable of operating with most of its hull and bulk under the surface of the water, and includes manned or unmanned watercraft;
‘(3) the term ‘vessel without nationality’ has the same meaning given that term in section 70502(d) of title 46;
‘(4) the term ‘evade detection’ includes the indicia set forth in section 70507(b)(1)(A), (E), (F), (G), (b)(4), (5), and (6) of title 46; and
‘(5) the term ‘vessel of the United States’ has the same meaning given that term in section 70502(b) of title 46.
‘(c) Extraterritorial Jurisdiction- There is extraterritorial Federal jurisdiction over an offense under this section, including an attempt or conspiracy to commit such an offense.
‘(d) 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.
‘(e) Affirmative Defenses-
‘(1) IN GENERAL- It is an affirmative defense to a prosecution for a violation of this section, which the defendant has the burden to prove by a preponderance of the evidence, that any submersible or semi-submersible vessel that the defendant operated by any means or embarked in at the time of the offense--
‘(A) was a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law;
‘(B) was classed by and designed in accordance with the rules of a classification society;
‘(C) was lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or
‘(D) was equipped with and using an operable automatic identification system, vessel monitoring system, or a long range identification and tracking system.
‘(2) PRODUCTION OF DOCUMENTS- The affirmative defenses provided by this subsection are proved conclusively by the production of--
‘(A) government documents evidencing the vessel’s nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas;
‘(B) a certificate of classification issued by the vessel’s classification society upon completion of relevant classification surveys and valid at the time of the offense; or
‘(C) government documents evidencing licensure, regulation, or registration for research or exploration.
‘(f) Federal Activities- Nothing in this section applies to lawfully authorized activities carried out by or at the direction of the United States Government.
‘(g) Applicability of Other Provisions- Sections 70504 and 70505 of title 46 apply to this section.’
(b) Clerical Amendment- The table of sections at the beginning of chapter 111 of title 18, United States Code, is amended by adding at the end the following new item:
U.S. Congress - Text of H.R.6295 as Referred in Senate Drug Trafficking Vessel Interdiction Act of 2008
