Can the Government Prosecute You for Having Drugs in Another Country’s Waters?

There is a common misconception that if you are on a boat in “international waters,” you are essentially free to do whatever you want without fear of criminal prosecution. That is not true. Under the United States Constitution, Congress has the authority to define and punish felonies that occur on the “high seas,” which is the formal term used to describe international waters, i.e., waters that are not part of the territory of any country. What Congress cannot do, however, is punish conduct that occurs in the territorial waters of another sovereign country.

11th Circuit: Exclusive Economic Zone Still Part of the “High Seas”

The United States Court of Appeals for the 11th Circuit recently addressed a criminal case, United States v. Alfonso, involving the application of federal drug trafficking laws to activity that occurred within the “Exclusive Economic Zone” (EEZ) of another country. Specifically, the Coast Guard detained a “stateless vessel”–one that could not establish its national flag–roughly 69 miles off the coast of the Dominican Republic. The Coast Guard searched the vessel and found 12 bales of cocaine. The three occupants of the boat, all Colombian nationals, were then arrested and charged with drug trafficking.

Before the trial court, the defendants moved to dismiss the indictment, arguing they were illegally arrested in the Dominican Republic’s EEZ. The EEZ is a legal concept established by a 1982 international treaty. Basically, a sovereign country’s territorial waters–the area where it has unquestioned legal jurisdiction–extends for 12 nautical miles from its coastline. The EEZ is a larger area, defined as 200 nautical miles from the coastline, where the sovereign state retains the right to exploit any available resources. For example, a country has the right to regulate fishing or oil exploration within its EEZ.

The question in this case was whether the EEZ was part of the “high seas” within the scope of Congress’ constitutional authority to define and punish felonies. The defendants argued the EEZ was part of the Dominican Republic’s sovereign territory and thus not part of the high seas. The trial court disagreed and declined to dismiss the indictments. On appeal, the 11th Circuit affirmed.

The Court of Appeals explained that under United States law, the EEZ only affords a nation “limited sovereign economic-related rights to explore, exploit, conserve, and manage the natural resources, both living and non-living,” within that zone. It does not alter the United States Constitution’s traditional understanding of the “high seas,” which only extends to the 12-nautical mile limit past a country’s coast. As such, the government could prosecute the defendants for drug trafficking that occurred within the Dominican EEZ.

Contact Joshi Law Today

Drug trafficking allegations often bring the full force of the federal government to bear against a defendant. If you are facing such charges, you need to work with an experienced Orlando drug trafficking lawyer who will zealously defend your rights in court. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

media.ca11.uscourts.gov/opinions/pub/files/202210576.pdf