STOPPING 'MOTHERSHIPS' - A LOOPHOLE IN DRUG ENFORCEMENTHEARING BEFORE THE SENATE SUBCOMMITTEE TO INVESTIGATE JUVENILE DELINQUENCY, 95TH CONGRESS, 2ND SESSION ON S. 3437, AUGUST 22, 1978

• NCJ Number: 62095
• Author(s): ANON
• Date Published: 1978
• Length: 122 pages
• Corporate Author: US Congress
• Sale Source: Superintendent of Documents, GPO
• Language: English
• Country: United States of America

Annotation

TESTIMONY ON AUGUST 22, 1978, BEFORE THE SENATE SUBCOMMITTEE TO INVESTIGATE JUVENILE DELINQUENCY CONSIDERS S. 3437, THE DRUG TRAFFICKING CONTROL ACT OF 1978.

Abstract

THERE HAS BEEN AN ENORMOUS INCREASE IN THE SMUGGLING OF COCAINE AND MARIJUANA INTO THE UNITED STATES FROM SOUTH AMERICA. MOST OF THIS SMUGGLING USES LARGE 'MOTHER SHIP' OPERATIONS, WHERE THE MOTHER SHIPS CARRY HUGE AMOUNTS OF ILLEGAL DRUGS TO POINTS NEAR THE U.S. COAST BEYOND THE 12-MILE LIMIT, AND FROM THIS POSITION OF SAFETY THE DRUG SHIPMENTS ARE PARCELLED OUT TO SMALLER BOATS FOR TRANSPORT TO THE MAINLAND. CURRENT LAW REQUIRES THAT U.S. AUTHORITIES WITNESS THE DISTRIBUTION OF THE ILLICIT DRUGS FROM THE MOTHER SHIPS TO THE SMALLER BOATS, BECAUSE MERE POSSESSION OF ILLEGAL DRUGS ON THE HIGH SEAS IS NOT IN ITSELF A CRIME. S. 3437 WOULD CLOSE THIS LOOPHOLE, AND SEVERAL OTHERS WHICH HAMPER U.S. DRUG ENFORCEMENT. UNDER S. 3437, THE FOLLOWING WOULD BE BROUGHT UNDER UNITED STATES JURISDICTION: (1) ANY VESSEL DOCUMENTED UNDER THE LAWS OF THE UNITED STATES OR OWNED IN WHOLE OR IN PART BY A U.S. CORPORATION; (2) ANY VESSEL ON THE HIGH SEAS REGISTERED IN A FOREIGN COUNTRY, IF THAT COUNTRY AUTHORIZES THE UNITED STATES TO ASSERT JURISDICTION; (3) ANY VESSEL WITHOUT NATIONALITY; (4) ANY VESSEL THAT IS 'HOVERING' (A VESSEL INSIDE OR OUTSIDE CUSTOMS WATERS BELIEVED TO BE INVOLVED IN SMUGGLING); AND (5) ANY VESSEL FLYING MORE THAN ONE FLAG. THE KEY PROVISON MAKES ILLEGAL THE POSSESSION OF ILLICIT DRUGS ON BOARD ANY VESSEL, AIRCRAFT, OF VEHICLE SUBJECT TO U.S. JURISDICTION, REGARDLESS OF WHERE IT MAY BE LOCATED. TESTIMONY ON THIS BILL IS PRESENTED BY A NUMBER OF U.S. SENATORS AND REPRESENTATIVES FROM FEDERAL AGENCIES INVOLVED IN DRUG CONTROL. THE TESTIMONY GENERALLY CITES THE NEED FOR SUCH LEGISLATION, AND THERE IS A CONSENSUS OF SUPPORT. SOME QUESTIONS REGARDING ITS CONSTITUTIONALITY ARE RAISED AND OPINIONS ABOUT INTERNATIONAL COOPERATION IN THE IMPLEMENTATION OF THE BILL ARE SOLICITED FROM THE WITNESSES. COLOMBIA, A MAJOR SOURCE OF THE DRUGS BEING SHIPPED, WILL COOPERATE. THE APPENDIX INCLUDES PREPARED STATEMENTS SUBMITTED FOR THE RECORD, ALONG WITH ADDITIONAL MATERIAL RELATED TO THE ISSUES CONSIDERED IN THE HEARING. (RCB)