46 U.S.C. § 70506 — Penalties

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, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–96; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3553; Pub. L. 104–324, § 1138(a)(4), Oct. 19, 1996, 110 Stat. 3989. Editorial Notes AMENDMENTS 2008—Pub. L. 110–407 substituted ‘‘this title, or against whom a civil enforcement proceeding is brought under section 70508,’’ for ‘‘this title’’. § 70506. Penalties (a) VIOLATIONS.—A person violating paragraph (1) of section 70503(a) of this title shall be pun- ished as provided in section 1010 of the Com- prehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 960). However, if the offense is a second or subsequent offense as provided in section 1012(b) of that Act (21 U.S.C. 962(b)), the person shall be punished as provided in section 1012 of that Act (21 U.S.C. 962). (b) ATTEMPTS AND CONSPIRACIES.—A person at- tempting or conspiring to violate section 70503 of this title is subject to the same penalties as provided for violating section 70503. (c) SIMPLE POSSESSION.— (1) IN GENERAL.—Any individual on a vessel subject to the jurisdiction of the United States who is found by the Secretary, after no- tice and an opportunity for a hearing, to have knowingly or intentionally possessed a con- trolled substance within the meaning of the Controlled Substances Act (21 U.S.C. 812) shall be liable to the United States for a civil pen- alty of not to exceed $5,000 for each violation. The Secretary shall notify the individual in writing of the amount of the civil penalty. (2) DETERMINATION OF AMOUNT.—In deter- mining the amount of the penalty, the Sec- retary shall consider the nature, cir- cumstances, extent, and gravity of the prohib- ited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires. (3) TREATMENT OF CIVIL PENALTY ASSESS- MENT.—Assessment of a civil penalty under this subsection shall not be considered a con- viction for purposes of State or Federal law but may be considered proof of possession if such a determination is relevant. (d) PENALTY.—A person violating paragraph (2) or (3) of section 70503(a) shall be fined in accord- ance with section 3571 of title 18, imprisoned not more than 15 years, or both. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 111–281, title III, § 302, Oct. 15, 2010, 124 Stat. 2923; Pub. L. 114–120, title III, § 314(c), Feb. 8, 2016, 130 Stat. 59.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70506(a) ...... 46 App.:1903(g). Pub. L. 96–350, § 3(g), (j), 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. 101–647, title XII, § 1203, Nov. 29, 1990, 104 Stat. 4830. 70506(b) ...... 46 App.:1903(j). In subsection (b), the words ‘‘the commission of which was the object of the attempt or conspiracy’’ are omitted as unnecessary. Editorial Notes REFERENCES IN TEXT The Controlled Substances Act, referred to in subsec. (c)(1), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. AMENDMENTS 2016—Subsec. (a). Pub. L. 114–120, § 314(c)(1), sub- stituted ‘‘A person violating paragraph (1) of section 70503(a)’’ for ‘‘A person violating section 70503’’. Subsec. (d). Pub. L. 114–120, § 314(c)(2), added subsec. (d). Page 599 TITLE 46—SHIPPING § 70508 2010—Subsec. (c). Pub. L. 111–281 added subsec. (c). § 70507. Forfeitures (a) IN GENERAL.—Property described in section 511(a) of the Comprehensive Drug Abuse Preven- tion and Control Act of 1970 (21 U.S.C. 881(a)) that is used or intended for use to commit, or to facilitate the commission of, an offense under section 70503 or 70508 of this title may be seized and forfeited in the same manner that similar property may be seized and forfeited under sec- tion 511 of that Act (21 U.S.C. 881). (b) PRIMA FACIE EVIDENCE OF VIOLATION.— Practices commonly recognized as smuggling tactics may provide prima facie evidence of in- tent to use a vessel to commit, or to facilitate the commission of, an offense under section 70503 of this title, and may support seizure and forfeiture of the vessel, even in the absence of controlled substances aboard the vessel. The fol- lowing indicia, among others, may be consid- ered, in the totality of the circumstances, to be prima facie evidence that a vessel is intended to be used to commit, or to facilitate the commis- sion of, such an offense: (1) The construction or adaptation of the vessel in a manner that facilitates smuggling, including— (A) the configuration of the vessel to ride low in the water or present a low hull profile to avoid being detected visually or by radar; (B) the presence of any compartment or equipment that is built or fitted out for smuggling, not including items such as a safe or lock-box reasonably used for the storage of personal valuables; (C) the presence of an auxiliary tank not installed in accordance with applicable law or installed in such a manner as to enhance the vessel’s smuggling capability; (D) the presence of engines that are exces- sively over-powered in relation to the design and size of the vessel; (E) the presence of materials used to re- duce or alter the heat or radar signature of the vessel and avoid detection; (F) the presence of a camouflaging paint scheme, or of materials used to camouflage the vessel, to avoid detection; or (G) the display of false vessel registration numbers, false indicia of vessel nationality, false vessel name, or false vessel homeport. (2) The presence or absence of equipment, personnel, or cargo inconsistent with the type or declared purpose of the vessel. (3) The presence of excessive fuel, lube oil, food, water, or spare parts, inconsistent with legitimate vessel operation, inconsistent with the construction or equipment of the vessel, or inconsistent with the character of the vessel’s stated purpose. (4) The operation of the vessel without lights during times lights are required to be dis- played under applicable law or regulation and in a manner of navigation consistent with smuggling tactics used to avoid detection by law enforcement authorities. (5) The failure of the vessel to stop or re- spond or heave to when hailed by government authority, especially where the vessel con- ducts evasive maneuvering when hailed. (6) The declaration to government authority of apparently false information about the ves- sel, crew, or voyage or the failure to identify the vessel by name or country of registration when requested to do so by government au- thority. (7) The presence of controlled substance res- idue on the vessel, on an item aboard the ves- sel, or on an individual aboard the vessel, of a quantity or other nature that reasonably indi- cates manufacturing or distribution activity. (8) The use of petroleum products or other substances on the vessel to foil the detection of controlled substance residue. (9) The presence of a controlled substance in the water in the vicinity of the vessel, where given the currents, weather conditions, and course and speed of the vessel, the quantity or other nature is such that it reasonably indi- cates manufacturing or distribution activity. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 114–120, title III, § 314(d), Feb. 8, 2016, 130 Stat. 59.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70507 .......... 46 App.:1904. Pub. L. 96–350, § 4, 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. 107–295, title IV, § 418(b), Nov. 25, 2002, 116 Stat. 2123. Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–120 substituted ‘‘section 70503 or 70508’’ for ‘‘section 70503’’. § 70508. Operation of submersible vessel or semi- submersible vessel without nationality (a) IN GENERAL.—An individual may not oper- ate by any means or embark in any submersible vessel or semi-submersible vessel that is with- out 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 ter- ritorial sea with an adjacent country, with the intent to evade detection. (b) EVIDENCE OF INTENT TO EVADE DETEC- TION.—In any civil enforcement proceeding for a violation of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of sec- tion 70507(b) may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection. (c) DEFENSES.— (1) IN GENERAL.—It is a defense in any civil enforcement proceeding for a violation of sub- section (a) that the submersible vessel or semi-submersible vessel involved was, at the time of the violation— (A) a vessel of the United States or law- fully 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