AMU Homeland Security Opinion

Awaiting New Law Against Smugglers, Mini-Submarines Used in Trafficking

By Shelley Smith

Drug smuggling submarine seized by the U.S. Navy.

As news broke of the strategic drama of smugglers hauling Cuban boat people to Mexico to avoid the U.S. Coast Guard who have reduced illegal human trafficking in the Florida Straits, Mexican and Cuban officials agreed to return illegal Cuban immigrants back to Cuba who came onto Mexican shores illegally for fear such trafficking would induce more and varied criminal activities.

The AP article Cubans Head for Mexico to Dodge US Sea Patrols, by Mark Stevenson, October 20, 2008, gives details of how a boat owner was able to alert authorities after his boat had been stolen from the Florida Keys. He was able to track his boat’s position through a GPS satellite tracking system using his laptop computer, and be a part of the successful recovery of his boat. He was one of the lucky ones.

For illegal immigrants, it is not so lucky and is becoming more dangerous and violent as criminal organizations and groups stay focused on making money and becoming more diversified in human and drug trafficking.
On June 27, 2008, the United States Senate passed the Merida Initiative Bill as part of the Supplemental Appropriations Act of 2008. President Bush signed it into law on June 30, 2008 initiating a bilateral relationship between the U.S., Mexico, and Central American nations in the War against Drugs. The $465 million provided the Mexican government with $400 million and Central America nations with $65 million for equipment and training in the battle against smugglers, cartels, and others.

On July 17th, the Mexican Navy in bilateral cooperation with the U.S. seized a 33-foot mini-submarine 125 miles south of Puerto de Salina Cruz in Oaxaca state that was transporting to traffic 5 tons of cocaine.
However, since the U.S. Coast Guards is the primary maritime law enforcement agency of the United States, the Chief of the Coast Guard’s Law Enforcement Office, Coast Guard Commander, Cameron Naron, is quoted as saying in the article New Law Would Help Drug Enforcement, Coast Guard Officer Says, “Legislation imposing tough penalties for operating undocumented semi-submersible vessels in international waters would help drug-interdiction efforts.”

In order to evade law enforcement, the traffickers have adapted technology on the self-propelled semi-submersibles (SPSSs), to sink when detected and are proven to be used as a mobile asymmetrical method in transporting illegal drugs as far away as South America and along the Pacific coast line. With the increase in encounters with smugglers using SPSSs to transport illegal drugs and the small vessels scuttling quickly, it has put Coast Guard law enforcement teams and others in danger.

Obtaining the drug samples from the mini-submarines can be extremely risky. Naron explained that smugglers who have been caught carrying large quantities of contraband have attempted to flood the stateless SPSSs by scuttling the valves, or by backing down and quickly reversing the engines in attempts to kill the law enforcement team on board by trying to throw them off of the vessel and into the vessel’s propeller.

The new Amended Bill that could add safeguards for the better protection and apprehension of drug and human traffickers using the mini-submarines is H.R.7099: To amend titles 46 and 18, United States Code, with respect to the operation of submersible vessels and semi-submersible vessels without nationality.

The Amendment is written as: “Drug Trafficking Vessel Interdiction Act of 2008 – Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or attempting or conspiring to operate by any means, or for embarking in, any submersible or semi-submersible vessel that is without 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 territorial sea with an adjacent country, with the intent to avoid detection. Imposes an additional civil fine of up to $1 million for violations.”

The Coast Guard and other law enforcement agencies believe this Amended Bill would reduce those risks that are associated with drug interdiction efforts, but at present it is still pending and has yet to be signed by President Bush.

About the Author

Shelley Smith is an expert in analysis and research on varied national and international issues, homeland security, terrorism and counterterrorism, law enforcement, criminal justice systems, and other. Smith has an A.S. in Criminal Justice with Honors and a B.A in Intelligence Studies. She is currently pursuing an M.A. in Intelligence Studies Capstone with a concentration in Middle Eastern Studies at American Military University.

Comments are closed.