1. (a) Jurisdiction.— There is jurisdiction, including extraterritorial jurisdiction, over an offense under this chapter if the prohibited activity takes place—

   1. (1) within the United States and within waters subject to the jurisdiction of the United States; or

   2. (2) outside United States and—

      1. (A) an offender or a victim is a national of the United States (as that term is defined under section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); ¹
      2. (B) the activity involves a vessel in which a national of the United States was on board; or
      3. (C) the activity involves a vessel of the United States (as that term is defined under section 2 ² of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).¹
2. (b) Scope.— Nothing in this chapter shall apply to otherwise lawful activities carried out by or at the direction of the United States Government.

(Added Pub. L. 109–177, title III, § 306(a), Mar. 9, 2006, 120 Stat. 237.)

Editorial Notes

References in Text

Section 2 of the Maritime Drug Law Enforcement Act, referred to in subsec. (a)(2)(C), probably means section 3 of the Maritime Drug Law Enforcement Act, Pub. L. 96–350, which was classified to section 1903 of former Title 46, Appendix, Shipping, and was repealed and restated in sections 70502 to 70506 of Title 46, Shipping, by Pub. L. 109–304, §§ 10(2), 19, Oct. 6, 2006, 120 Stat. 1683, 1710. Section 70502(b) of Title 46 defines “vessel of the United States”.

¹ So in original. There probably should be an additional closing parenthesis.

² See References in Text note below.