Tool Needed to Prosecute Drug Traffickers Using Subs

I commend the Government of Mexico and the Mexican Navy for their superb interdiction of a self-propelled semi-submersible (SPSS) vessel carrying more than 10,000 pounds of cocaine last Wednesday. This was a remarkable example of the value of active international cooperation in combating drug smugglers and the great effectiveness of the U.S. Southern Command’s Joint Interagency Task Force South. The professionalism demonstrated by the CBP Marine aircrew, JIATF-South and Mexican Navy was one of the most impressive international interdictions I have seen in my 37-year career and sends a clear signal to drug traffickers and other transnational criminals that there is a unified effort to secure our maritime borders from all hazards.

SPSS vessels represent an increasingly significant threat to our safety and security. These vessels, which can be both manned and operated remotely, can transport multi-ton loads of cocaine and other illicit cargo to the U.S. The use of SPSS vessels has grown in recent years as a means to counter effective interdiction efforts. The SPSS, once perceived as an impractical and risky smuggling tool, has proven successful as an innovative and highly mobile, asymmetrical method of conveyance. After just 23 total SPSS events between 2000 and 2007, drug trafficking organizations conducted at least 45 SPSS transits during the first six months of FY 2008. SPSS now account for 32% of all maritime cocaine flow in the transit zone.

Success against this emerging threat requires a multi-faceted approach, including: international cooperation and coordination; a persistent patrol presence in the transit zone; active intelligence gathering and sharing; and effective legislation to facilitate prosecution. As demonstrated by last week’s case, the U.S. and its partners have the ability to aggressively pursue and interdict SPSS vessels, but it is the legislative piece that is currently missing. The Mexican Navy’s interdiction notwithstanding, the overwhelming majority of SPSS interdictions result in the successful scuttling of the vessel with its entombed cargo of cocaine. Absent contraband evidence, there are few practical options under existing U.S. law to pursue prosecution.

If operation of and embarkation in an SPSS were illegal, U.S. interdiction forces and U.S. Attorneys would have the necessary legal tools to combat the SPSS threat even in the absence of recovered drugs or other contraband. Criminalizing the operation of stateless SPSS vessels on international voyages would improve officer safety, deter the use of these inherently dangerous vessels, and facilitate effective prosecution of criminals involved in this treacherous and emerging trend.

The penalty for any SPSS offense should be sufficiently strong to deter use and encourage cooperation by those interdicted at sea. Because the desired legislation is limited to stateless SPSS and submarines on international voyages, the law would not affect legitimate business users and law abiding hobbyists.

We strongly support the legislation introduced in both the House and Senate and urge passage of this legislation to enhance both national and regional security and fully empower our ongoing interdiction efforts.

Admiral Thad W. Allen
Commandant, U.S. Coast Guard