Extending Limits of United States Customs Waters Act of 2023 This bill extends the customs waters territory of the United States. Under current law, customs waters means waters within four leagues of the coast of the United States. This bill revises the definition to include (1) the territorial sea of the United States to the limits permitted by international law in accordance with Presidential Proclamation 5928, dated December 27, 1988, that extended such limits to 12 nautical miles from the baselines of the United States; and (2) the contiguous zone of the United States to the limits permitted by international law in accordance with Presidential Proclamation 7219, dated September 2, 1999, that extended such limits to 24 nautical miles from the baselines of the United States.
The legislative discussions surrounding SB 71 indicate that the measure aligns with principles of customary international law, which allows countries to assert jurisdiction up to 12 nautical miles for territorial seas and 24 nautical miles for contiguous zones. Proponents argue that this extension will provide law enforcement with the necessary tools to intercept vessels attempting to evade regulations, ultimately bolstering public health and security interests. Critics, however, may raise concerns about the implications for international relationships and freedom of navigation, particularly regarding foreign vessels operating within these previously unrestricted waters.
Senate Bill 71, titled the 'Extending Limits of United States Customs Waters Act of 2023', proposes to expand the limits of U.S. customs waters from the current 12 nautical miles to 24 nautical miles from the baselines established by international law. The bill seeks to amend the Tariff Act of 1930 and the Anti-Smuggling Act to align with this extended definition, thus enhancing the jurisdictional authority of the U.S. Customs and Border Protection (CBP) over a more expansive maritime area. This change aims to address modern challenges in maritime law enforcement, including smuggling and illegal activities that occur beyond current limits.
While SB 71 is designed to modernize the legal framework for customs waters, potential points of contention include the implications for international maritime rights and the extent of U.S. authority in contentious areas. Some critics might highlight fears of overreach in U.S. maritime law enforcement and the precedent it sets for unilateral expansions of territorial claims, conflicting with established maritime agreements and the rights of other nations under international law.