March 14, 2007
Mr. Terry Dale
Cruise Lines
International Association
910 SE 17th
Street
Ft. Lauderdale, FL 33316
Dear Mr. Dale:
Discussion
over the past several months between the Cruise Lines International
Association
(CLIA), the Federal Bureau of Investigation (FBI) and the U.S. Coast
Guard
(USCG), has yielded proposed procedures relating to the reporting of
serious
violations of U.S.
laws committed aboard cruise ships and FBI response to such
violations. It is understood that these reports contain
only allegations of criminal wrongdoing. This letter summarizes
and documents these procedures.
The
process described below is in addition to, but not in lieu of,
mandatory
reporting requirements, e.g., the requirements of 46 CFR Part 4, the
requirements of 33 CFR Part 120, or those requirements imposed by
coastal or
flag states. Likewise, this proposed
reporting process will not replace or override any agency
responsibilities and
coordination requirements mandated by the Maritime Operational Threat
Response
Plan upon identification of a maritime threat against the United States
and its
interests in
the maritime domain.
For
criminal activity meeting the below outlined criteria for FBI
notification,
CLIA members will report such criminal activity via telephone and fax
to the
FBI Field Office or FBI Legal Attache (Legat) closest to the vessel's
location
at the time of the incident.
Jurisdiction
The principal law under
which the U.S.
exercises its Special Maritime and Territorial Jurisdiction (SMTJ) is
set forth
in Section 7 of Title 18 (T 18) of the U.S. Code (U.S.C.). This
statute provides, in relevant part, that
the U.S. has jurisdiction over crimes committed on a ship if::
- The ship, regardless of flag, is a U.S.-owned vessel, either
whole or
in part,
regardless of the nationality of the victim or the perpetrator, when
such
vessel is within the admiralty and maritime jurisdiction of the United
States and out of the
jurisdiction of any particular state;
- The offense by or against a U.S. National was committed outside
the
jurisdiction of any nation;
- The crime occurs in the U.S.
territorial sea (within twelve miles of the coast), regardless of the
nationality
of the vessel, the victim or the perpetrator; or
- The victim or perpetrator is a U.S. National on any vessel during
a
voyage that
departed from or will arrive in a U.S.
port.
Reporting
Under these proposed
procedures, CLIA members will telephonically contact the nearest FBI
Field
Office or Legat Office as soon as possible to report any of the
following
incidents involving serious violations of U.S. law: homicide,
suspicious death, missing U.S.
National, kidnapping, assault with serious bodily injury, sexual
assaults (as
defined in 18 U.S.C. §§ 2241, 2242, 2243, and 2244 (a)(c)),
firing or tampering
with vessels, and theft greater than $10,000. If CLIA members are
unable to contact the FBI Legat, they will
contact
the FBI Field Office located closest to their security office.
After
telephonic contact, CLIA members will
follow-up with a standardized written report.
A sample reporting form, “Cruise Line Report of Serious
Violations of
U.S. Law”, is enclosed.
CLIA members will submit
reports to the USCG National Command Center either via facsimile at
(202) 267‑2165 or e‑mail (CGCC@uscg.mil), and to the
FBI via fax (see attached
sheets). The USCG National Command
will promptly forward the reports to appropriate federal investigative
agencies, when not the FBI. The USCG's
function of receiving and forwarding the reports neither expands nor
imposes
upon the USCG any investigative responsibilities. In
the majority of cases, the FBI, not the
USCG, will be the primary investigative agency for the activity
reported on the
forms, and the ultimate decision to investigate or respond to the
alleged
serious acts will rest with the FBI or appropriate law enforcement
agency.
Incidents not falling
into one of the above categories and, therefore, not requiring
immediate
attention by the FBI, may be e-mailed or faxed to the local FBI Field
Office or
FBI Legat; for example, theft greater than $1,000 but less than
$10,000, and
abusive sexual contact (as defined in 18 U.S.C. § 2244 (b)).
If criminal activity
aboard a CLIA vessel does not meet the above reporting criteria, CLIA
members
may report the incident to the proper state or local law enforcement
authority. The decision to continue
and/or conduct additional investigation of crimes within the
jurisdiction of
state or local law enforcement will be at the sole discretion of the
respective
state or local agency.
Narcotics matters will
continue to be reported under current agreements with the Drug
Enforcement
Administration, Immigration and Customs Enforcement and Customs and
Border
Protection.
Attacks against vessels,
including piracy or terrorist attacks, should continue to be reported
through
the Ship’s Security Alert System and other established emergency
response channels
via the most expeditious means possible. The USCG National Command
Center will continue to accept and process emergency reports regarding
attacks
and
threats against vessels.
FBI
Response
Once a report is
received by the FBI, a determination will be made on a case‑by‑case
basis
whether the reported information will be investigated by the field
office or
Legat.
The Legat's authority to
conduct investigations overseas or secure approval to coordinate
extraterritorial teams' investigations abroad varies greatly and must
be
determined by each Legat on a country-by-country, case-by-case
basis. A Legat receiving a report from a vessel
where an investigation will be undertaken will coordinate all aspects
of the
investigation including, but not limited to:
crime scene preservation, evidence collection, and
witness/victim
interviews.
The Legat will consider
time and resource constraints in determining whether a Legat or
designee will
investigate the criminal act while in its territory or if the
investigation
would be better served if the vessel were met at the next available
port of
call. The Legat will clearly
communicate, in a timely manner, those decisions to the vessel/company.
It is understood by the
FBI and CLIA cruise line members that investigating agents may be
required to
sail with the vessel to complete the investigation. Each cruise line
will make available all
necessary accommodations.
CLIA is reminded that
these proposed procedures address reporting, not ultimate
investigative/prosecutive
decisions. CLIA is aware that each
United States Attorney's Office will make prosecution decisions on a
case-by-case basis.
Finally, this reporting
process and the information generated by it are for information
purposes only
and do not grant any jurisdiction or authority to the U.S.
other than that which is already authorized by law. This letter, the
enclosed form, and the
process associated with them are not intended, and should not be
construed, to
create any right or benefit, substantive or procedural, enforceable at
law or
otherwise by any third party against the parties, the United States, or
its
officers, employees, agents, or other associated personnel thereof.
Please advise whether
these proposed procedures will be implemented by all of your
members If so, we would welcome the opportunity to
offer it to other cruise line operators and associations as well. I
look forward to hearing from you soon.
Sincerely,
James
H. Burrus, Jr.
Assistant
Director
Criminal
Investigative Division
Enclosures:
(1) “Cruise Line Report of Serious Violations of U.S. Law” form; (2)
FBI
contact numbers.