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46 U.S.C. § 70505 — Failure to comply with international law as a defense
Federal law — U.S. Code and appendices · legal_authorities
A person charged with violating [section 70503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70503&num=0&edition=prelim), or against whom a civil enforcement proceeding is brought under section 70508, does not have standing to raise a claim of failure to comply with international law as a basis for a defense. A claim of failure to comply with international law in the enforcement of this chapter may be made only by a foreign nation. A failure to comply with international law does not divest a court of jurisdiction and is not a defense to a proceeding under this chapter.
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Source file: Laws/federal/codes/united-states-code/title-46/section-70505-failure-to-comply-with-international-law-as-a-defense--0b76dff96d.md
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Source location: Title 46, Chapter 705, § 70505; chapter-705-maritime-drug-law-enforcement.md
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A person charged with violating [section 70503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70503&num=0&edition=prelim), or against whom a civil enforcement proceeding is brought under section 70508, does not have standing to raise a claim of failure to comply with international law as a basis for a defense. A claim of failure to comply with international law in the enforcement of this chapter may be made only by a foreign nation. A failure to comply with international law does not divest a court of jurisdiction and is not a defense to a proceeding under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibitions.—** An individual may not knowingly or intentionally—
(1) manufacture or distribute, possess with intent to manufacture or distribute, or place or cause to be placed with intent to manufacture or distribute a controlled substance on board a covered vessel;
(2) destroy (including jettisoning any item or scuttling, burning, or hastily cleaning a vessel), or attempt or conspire to destroy, property that is subject to forfeiture under section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 881(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section881/a&num=0&edition=prelim)) on board a covered vessel; or
(3) conceal, or attempt or conspire to conceal, more than $100,000 in currency or other monetary instruments on the person of such individual while on board a covered vessel or in any conveyance, article of luggage, merchandise, or other container, or compartment of or aboard the covered vessel if that vessel is outfitted for smuggling.
**(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 vess
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Federal law — U.S. Code and appendices · legal_authorities
Page 598
TITLE 46—SHIPPING
§ 70505
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70504 ..........
46 App.:1903(f).
Pub. L. 96–350, § 3(f), Sept.
15, 1980, 94 Stat. 1160; Pub.
L. 99–570, title III, § 3202,
Oct. 27, 1986, 100 Stat.
3207–97; Pub. L. 99–640, § 17,
Nov. 10, 1986, 100 Stat.
3554;
Pub.
L.
104–324,
§ 1138(a)(5), Oct. 19, 1996,
110 Stat. 3989.
Editorial Notes
AMENDMENTS
2017—Subsec. (b). Pub. L. 115–91 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as fol-
lows:
‘‘(b) VENUE.—A person violating section 70503 or 70508
of this title shall be tried in the district court of the
United States for—
‘‘(1) the district at which the person enters the
United States; or
‘‘(2) the District of Columbia.’’
2008—Subsec. (b). Pub. L. 110–407 inserted ‘‘or 70508’’
after ‘‘70503’’ in introductory provisions.
§ 70505. Failure to comply with international law
as a defense
A person charged with violating section 70503
of this title, or against whom a civil enforce-
ment proceeding is brought under section 70508,
does not have standing to raise a claim of fail-
ure to comply with international law as a basis
for a defense. A claim of failure to comply with
international law in the enforcement of this
chapter may be made only by a foreign nation.
A failure to comply with international law does
not divest a court of jurisdiction and is not a de-
fense to a proceeding under this chapter.
(Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688;
Pub. L. 110–407, title II, § 202(b)(3), Oct. 13, 2008,
122 Stat. 4300.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70505 ..........
46 App.:1903(d).
Pub. L. 96–350, § 3(d), Sept.
15, 1980,
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 70505
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.